Nac: Chapter 116A - Common-Interest Communities: Regulation Of Community Managers And Other Personnel

Link to law: http://www.leg.state.nv.us/nac/NAC-116A.html
Published: 2015

[Rev. 12/7/2015 12:57:52 PM]

 

This chapter of NAC has changes

which have been adopted but have not been codified; you can see those changes

by viewing the following regulation(s) on the Nevada Register of Administrative

Regulations: R049-13, R050-13, R052-13, R152-13

[NAC-116A Revised Date: 12-11]

CHAPTER 116A - COMMON-INTEREST

COMMUNITIES: REGULATION OF COMMUNITY MANAGERS AND OTHER PERSONNEL

GENERAL PROVISIONS

116A.005         Definitions.

116A.010         “Administrator” defined.

116A.015         “Association” defined.

116A.020         “Certificate” defined.

116A.025         “Client” defined.

116A.030         “Commission” defined.

116A.035         “Community manager” defined.

116A.040         “Distance education” defined.

116A.045         “Division” defined.

116A.050         “Executive board” defined.

116A.055         “Financial records” defined.

116A.060         “Hour of instruction” defined.

116A.065         “Management agreement” defined.

116A.070         “Management of a common-interest

community” defined.

116A.075         “Permit” defined.

116A.080         “Provisional community manager”

defined.

116A.085         “Reserve study specialist” defined.

116A.090         “Supervising community manager”

defined.

116A.093         “Temporary certificate” defined.

116A.095         “Unit’s owner” defined.

CERTIFICATION OF COMMUNITY MANAGERS

116A.110         Application for certificate: Requirements;

action by Division; burden of proof.

116A.112         Application for temporary

certificate: Requirements.

116A.115         Prerequisites for certificate or

temporary certificate: Minimum age; natural person.

116A.120         Prerequisites for certificate:

Education and experience.

116A.125         Examination for certificate.

116A.130         Denial of application for

certificate or temporary certificate: Grounds; fee not refundable.

116A.135         Denial of application for

certificate or temporary certificate: Notice; appeal.

116A.137         Expiration of temporary certificate.

116A.138         Requirements for issuance of

certificate upon expiration of temporary certificate.

116A.140         Renewal of certificate.

116A.145         Reinstatement of inactive

certificate; reapplication following failure to renew certificate.

116A.150         Invalidation of certificate or

temporary certificate.

116A.155         Provisional community managers: General

requirements.

116A.160         Provisional community managers:

Renewal of certificate.

116A.165         Supervising community managers:

Qualifications and responsibilities.

EDUCATION OF COMMUNITY MANAGERS

General Provisions

116A.175         “School” defined.

116A.180         Education audit committees.

Courses for Original Certification

116A.185         Approval of school required;

exceptions.

116A.190         Application for and period of

approval.

116A.195         Conditions of approval; evidence of

certain licensure.

116A.200         Requirements for course: Generally.

116A.205         Requirements for course:

Correspondence course.

116A.210         Unacceptable courses.

116A.215         Notice to Division of material

change; requirements for renewal of approval; denial of renewal.

116A.220         Misrepresentation in advertising

prohibited.

Continuing Education

116A.230         Approval of and requirements for

course; record of attendance or completion.

116A.232         Contents of course; unacceptable

courses and activities.

116A.235         Distance education course:

Requirements and considerations for approval.

116A.240         Approved course: Duties of sponsor.

116A.245         Notice of policy concerning

cancellations and refunds.

116A.250         Restrictions on receipt of credit

for course; final examination.

116A.255         Credit for attendance at meeting of

Commission.

Approved Courses and Instructors

116A.265         Requirements for instructors and

guest lecturers; advertising.

116A.270         Instructors: Approval by Division;

periodic review and evaluation.

116A.275         Instructors: Responsibilities.

116A.280         Instructors: Withdrawal of approval.

116A.285         Courses: Responsibilities of

sponsor; renewal of approval; review and audit; grounds for withdrawing or

refusing to renew approval; discipline of sponsor.

116A.290         Courses: Withdrawal of approval.

116A.295         Courses: Reapproval by Division if

no changes.

116A.300         Evaluation of course and instructor

by students.

116A.305         Certificate of completion of course:

Prerequisite activities of student; appeal of denial.

PRACTICE BY COMMUNITY MANAGERS

116A.320         Compliance with statutory standards

of practice.

116A.325         Management agreement; evidence of

insurance.

116A.330         Required disclosures.

116A.335         Office; display of certificate or

temporary certificate.

116A.340         Change of name, address, association

or supervising community manager.

116A.345         Prohibited acts.

116A.350         Allegations of misconduct;

submission of complaint; investigation and report; action by Administrator;

appeal.

116A.355         Grounds for disciplinary action;

criteria for determining unprofessional conduct and professional incompetence.

116A.360         Disciplinary action by Commission.

RESERVE STUDY SPECIALISTS

116A.410         Maintenance and availability of list

of persons who have registered with Division.

116A.415         Registration: Form; fee; expiration.

116A.420         Registration: Qualifications;

refusal or revocation by Division.

116A.425         Standards of practice.

116A.430         Required disclosures.

116A.435         Grounds for disciplinary action;

criteria for determining unprofessional conduct and professional incompetence.

116A.440         Conduct of proceedings to hear

complaints.

ADMINISTRATION AND ENFORCEMENT

General Provisions

116A.510         Public inspection of records

maintained by Division.

116A.515         Fees of Division.

116A.520         Check or draft returned to Division

for lack of payment.

116A.525         Fee for background investigation.

Administrative Proceedings

116A.550         Investigation and audit of financial

accounts of association; remedial and disciplinary action.

116A.555         Hearing panels: Powers;

qualifications of independent hearing officers.

116A.560         Informality of proceedings; rules of

evidence.

116A.565         Prehearing conferences.

116A.570         Motions.

116A.575         Amendment and withdrawal of

complaints; continuances.

116A.580         Complaint or disciplinary hearing

concerning provisional community manager.

116A.585         Responsibilities of respondent.

116A.590         Failure of party to appear.

116A.595         Procedure for hearings; date of

decision.

116A.600         Recess of hearing for conference.

116A.605         Preparation and dissemination of

final decision after hearing.

116A.610         Voluntary surrender of certificate

or temporary certificate in lieu of disciplinary action.

116A.615         Reporting of disciplinary action or

denial of certificate or temporary certificate.

116A.620         Appeal of final order of hearing

panel; filing of briefs.

116A.625         Review hearings: Setting; notice.

116A.630         Review hearings: Oral argument.

116A.635         Review hearings: Issuance of written

decision.

116A.640         Review of final order of hearing

panel not appealed by party.

116A.645         Payment of costs for transcript of

hearing.

116A.650         Request for hearing prohibited after

initiation of civil action or submission for mediation or arbitration.

116A.655         Request for hearing prohibited for

improper purpose.

 

GENERAL PROVISIONS

      NAC 116A.005  Definitions. (NRS 116A.200)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NAC 116A.010 to 116A.095,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008; A by R165-09, 12-16-2010)

      NAC 116A.010  “Administrator” defined. (NRS 116A.200)  “Administrator”

means the Real Estate Administrator.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.015  “Association” defined. (NRS 116A.200)  “Association”

has the meaning ascribed to it in NRS

116.011.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.020  “Certificate” defined. (NRS 116A.200)  “Certificate”

means a certificate, other than a temporary certificate, for the management of

a common-interest community issued by the Division.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005;

A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)

      NAC 116A.025  “Client” defined. (NRS 116A.200)  “Client”

means an executive board that has entered into a management agreement with a

community manager.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

      NAC 116A.030  “Commission” defined. (NRS 116A.200)  “Commission”

means the Commission for Common-Interest Communities and Condominium Hotels

created by NRS 116.600.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.035  “Community manager” defined. (NRS 116A.200)  “Community

manager” means a person who holds a certificate or temporary certificate and

who provides for or otherwise engages in the management of a common-interest

community.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; R205-05, 9-18-2006;

A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)

      NAC 116A.040  “Distance education” defined. (NRS 116A.200)  “Distance

education” means instruction which is delivered by means of video, computer,

television, correspondence, the Internet or other electronic means of

communication, or any combination thereof, in such a manner that the person

supervising or providing the instruction and the student receiving the

instruction are separated by distance or by time, or by both distance and time.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.039)

 

      NAC 116A.045  “Division” defined. (NRS 116A.200)  “Division”

means the Real Estate Division of the Department of Business and Industry.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.050  “Executive board” defined. (NRS 116A.200)  “Executive

board” has the meaning ascribed to it in NRS 116.045.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

      NAC 116A.055  “Financial records” defined. (NRS 116A.200)  “Financial

records” means the financial or transaction records necessary to support the

financial statements of an association which include, without limitation,

receipts, bank statements, income tax reports, reserve studies, budgets,

contracts, minutes of executive board meetings, inventories, investments,

expenses, disbursements, obligations, depreciation in property or equipment,

contingent liabilities and any other records deemed necessary by the Division

or by the accountants or auditors of an association.

     (Added to NAC by Comm’n for Common-Interest Communities

by R205-05, eff. 9-18-2006)

      NAC 116A.060  “Hour of instruction” defined. (NRS 116A.200)  “Hour of

instruction” means 50 minutes or more, and one semester credit is equal to 15

hours of instruction.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.044)

      NAC 116A.065  “Management agreement” defined. (NRS 116A.200)  “Management

agreement” means an agreement for the management of a common-interest

community.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

      NAC 116A.070  “Management of a common-interest community” defined. (NRS 116A.200)  “Management

of a common-interest community” means the physical, administrative or financial

maintenance and management of a common-interest community, or the supervision

of those activities, for a fee, commission or other valuable consideration.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)

      NAC 116A.075  “Permit” defined. (NRS 116A.200)  “Permit”

means a permit to engage in property management issued pursuant to the

provisions of chapters 645 of NRS and

NAC.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)—(Substituted

in revision for NAC 116.055)

      NAC 116A.080  “Provisional community manager” defined. (NRS 116A.200)  “Provisional

community manager” means a person who has fulfilled the educational

requirements for certification as set forth in NAC

116A.120 but has not yet fulfilled the experience requirements for

certification as set forth in NAC 116A.155. A

provisional community manager may perform the tasks of a community manager

under the supervision of a supervising community manager.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by R205-05, 9-18-2006)

 

      NAC 116A.085  “Reserve study specialist” defined. (NRS 116A.200)  “Reserve

study specialist” means a person who conducts a study of the reserves of an

association pursuant to NRS

116.31152 or 116B.605.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.090  “Supervising community manager” defined. (NRS 116A.200)  “Supervising

community manager” means a community manager who:

     1.  Meets the qualifications set forth in NAC 116A.165; and

     2.  Is responsible for the supervision of one

or more provisional community managers or community managers.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by R205-05, 9-18-2006)

      NAC 116A.093  “Temporary certificate” defined.

(NRS 116A.200)  “Temporary

certificate” means a certificate which is:

     1.  Valid for only 1 year; and

     2.  Issued to a person pursuant to the

provisions of subparagraph (1) or (2) of paragraph (a) of subsection 1 of NRS 116A.410.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R165-09, eff. 12-16-2010)

      NAC 116A.095  “Unit’s owner” defined. (NRS 116A.200)  “Unit’s

owner” has the meaning ascribed to it in NRS 116.095.

     (Added to NAC by Comm’n for Common-Interest Communities

by R205-05, eff. 9-18-2006)

CERTIFICATION OF COMMUNITY MANAGERS

      NAC 116A.110  Application for certificate: Requirements; action by Division;

burden of proof. (NRS 116A.200, 116A.410)

     1.  A person who wishes to obtain a

certificate must submit an application to the Division on a form prescribed by

the Division.

     2.  Each applicant, other than an applicant

who holds a temporary certificate, must, as part of the application and at his

or her own expense:

     (a) Arrange to have a complete set of his or her

fingerprints taken by a law enforcement agency or other authorized entity

acceptable to the Division; and

     (b) Submit to the Division:

          (1) A completed fingerprint card and written

permission authorizing the Division to submit the applicant’s fingerprints to

the Central Repository for Nevada Records of Criminal History for submission to

the Federal Bureau of Investigation for a report on the applicant’s background

and to such other law enforcement agencies as the Division deems necessary; or

          (2) Written verification, on a form prescribed

by the Division, stating that the fingerprints of the applicant were taken and

directly forwarded electronically or by another means to the Central Repository

and that the applicant has given written permission to the law enforcement

agency or other authorized entity taking the fingerprints to submit the

fingerprints to the Central Repository for submission to the Federal Bureau of

Investigation for a report on the applicant’s background and to such other law

enforcement agencies as the Division deems necessary.

     3.  In addition to the requirements set forth

in subsection 2, the applicant must submit to the Division:

     (a) A photograph of the applicant, measuring

approximately 2 inches by 2 inches, taken within the 2 years immediately

preceding the date of the application;

 

     (b) If the applicant does not hold a temporary

certificate, payment of the fees charged by a local law enforcement agency

pursuant to NAC 116A.525 or, if the fingerprints

of the applicant were taken and directly forwarded electronically or by another

means to the Central Repository pursuant to subsection 2, evidence of such

payment;

     (c) The social security number of the applicant;

     (d) A statement concerning whether the applicant

has been convicted of, or entered a plea of guilty or nolo contendere to,

forgery, embezzlement, obtaining money under false pretenses, larceny,

extortion, conspiracy to defraud or possessing for the purpose of sale any

controlled substance or any crime involving moral turpitude;

     (e) Documentation that the applicant holds a

temporary certificate or possesses the education and experience required

pursuant to NAC 116A.120 and, if applicable, NAC 116A.155;

     (f) If the applicant does not hold a temporary

certificate, documentation of the employment history of the applicant for the

10 years immediately preceding the date of the application, including, without

limitation, letters of recommendation and affidavits of employment from

common-interest communities or employers in other related areas;

     (g) The statement described in NRS 116A.440;

     (h) The fee required by NAC

116A.515 for the application for, and issuance of, a certificate; and

     (i) Such other pertinent information as the

Division may require.

     4.  The Division shall act upon all

applications for a certificate within 60 days after the date of receiving the

completed application for a certificate.

     5.  If the Division determines that

additional investigation of the applicant is necessary, the Division may extend

the 60-day period and may make such additional investigation as is necessary or

desirable before acting upon the application.

     6.  The burden of proof is on the applicant

to establish to the satisfaction of the Division that he or she is qualified to

receive a certificate.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by R136-99, 4-3-2000; A by Comm’n for Common-Interest

Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities

& Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC

116.100)

      NAC 116A.112  Application for temporary certificate: Requirements. (NRS 116A.200, 116A.410)

     1.  A person who wishes to obtain a temporary

certificate must submit to the Division:

     (a) An application on a form prescribed by the

Division;

     (b) The material required by subsections 2 and 3;

     (c) Payment of the fee described in NAC 116A.525 for conducting a background

investigation or, if the fingerprints of the applicant were taken and directly

forwarded electronically or by another means to the Central Repository for

Nevada Records of Criminal History pursuant to subsection 2, evidence of such

payment;

     (d) The statement described in NRS 116A.440; and

     (e) The fee required by NAC

116A.515 for the application for, and issuance of, a temporary certificate.

     2.  Each applicant must, as part of the

application and at his or her own expense:

     (a) Arrange to have a complete set of the

applicant’s fingerprints taken by a law enforcement agency or other authorized

entity acceptable to the Division; and

     (b) Submit to the Division:

          (1) A completed fingerprint card and written

permission authorizing the Division to submit the applicant’s fingerprints to

the Central Repository for Nevada Records of Criminal History for submission to

the Federal Bureau of Investigation for a report on the applicant’s background

and to such other law enforcement agencies as the Division deems necessary; or

          (2) Written verification, on a form prescribed

by the Division, stating that the fingerprints of the applicant were taken and

directly forwarded electronically or by another means to the Central Repository

and that the applicant has given written permission to the law enforcement

agency or other authorized entity taking the fingerprints to submit the fingerprints

to the Central Repository for submission to the Federal Bureau of Investigation

for a report on the applicant’s background and to such other law enforcement

agencies as the Division deems necessary.

     3.  In addition to the requirements set forth

in subsection 2, the applicant must submit to the Division:

     (a) Evidence that the applicant:

          (1) Holds a professional designation in the

field of management of a common-interest community from a nationally recognized

organization;

          (2) Has been engaged full-time in the

management of a common-interest community for at least 5 years; and

          (3) Has not been the subject of any

disciplinary action in another state in connection with the management of a

common-interest community; or

     (b) The agenda and approved minutes of the meeting

of the executive board of an association at which the executive board offered

to employ the applicant as a community manager or any other evidence which

demonstrates that:

          (1) The applicant has received an offer of

employment as a community manager from an association or its agent; and

          (2) The executive board of the association, or

its agent, making the offer of employment determined that the applicant has

management experience sufficient to enable the applicant to act as a community

manager.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R165-09, eff. 12-16-2010)

      NAC 116A.115  Prerequisites for certificate or temporary certificate: Minimum

age; natural person. (NRS 116A.200, 116A.410)

     1.  An application for a certificate or

temporary certificate will not be accepted from a person under the age of 17

years.

     2.  A certificate or temporary certificate

may only be issued to:

     (a) A person 18 years of age or older.

     (b) A natural person.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005;

A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.110)

      NAC 116A.120  Prerequisites for certificate: Education and experience. (NRS 116A.200, 116A.410)

     1.  Except as otherwise provided in

subsection 2, an applicant for a certificate who does not hold a temporary

certificate must have successfully completed at least 60 hours of instruction

in courses in the management of a common-interest community that have been

approved by the Commission, including, without limitation:

     (a) At least 20 hours of instruction relating to

federal, state and local laws applicable to the management of a common-interest

community, including, without limitation:

          (1) Not less than 2 hours of instruction

relating to federal laws applicable to common-interest communities, including,

but not limited to, the Americans with Disabilities Act of 1990, 42 U.S.C. §§

12101 et seq., the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., the

Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3602 et seq., and the Fair

Debt Collection Practices Act of 1996, 15 U.S.C. §§ 1601 et seq.; and

          (2) Not less than 18 hours of instruction

relating to the Uniform Common-Interest Ownership Act as set forth in this

chapter, chapter 116 of NAC and chapters 116 and 116A of NRS.

     (b) At least 40 cumulative hours of instruction in

the following subjects:

          (1) Understanding the legal basics of

common-interest communities and their governing documents;

          (2) The management of facilities and the use

of experts;

          (3) Accounting, including, without limitation,

the preparation and monitoring of budgets, expenditures and reserves and the

use of financial statements;

          (4) Contracts with the common-interest

community, including obtaining bids and requests for proposals;

          (5) Parliamentary procedures, types and uses

as may be required by law or the governing documents or bylaws of a

common-interest community;

          (6) The management of human resources,

including, the ability to communicate and interact effectively with other

people;

          (7) Inspection and planning for property

maintenance;

          (8) Risk management;

          (9) The types of insurance that must be

maintained by a common-interest community pursuant to NRS 116.3113;

          (10) Governmental regulations that affect a

common-interest community, including, without limitation, zoning and planning;

          (11) The Nevada Fair Housing Law as set forth

in chapter 118 of NRS;

          (12) The Residential Landlord and Tenant Act

as set forth in chapter 118A of NRS;

          (13) The disclosure of required information in

real estate transactions;

          (14) Defects in construction;

          (15) Alternative dispute resolution for claims

relating to residential property within a common-interest community as set

forth in NRS 38.300 to 38.360, inclusive;

          (16) Corporation law;

          (17) Industrial insurance;

          (18) Health and safety; and

          (19) Business ethics.

     (c) Provide evidence that he or she has been

engaged in the management of a common-interest community or has held a

management position in a related area for:

          (1) The 12 months immediately preceding the

date of his or her application; or

          (2) At least 2 of the 4 years immediately

preceding the date of his or her application.

     2.  An applicant for a certificate may

provide evidence of any other combination of education and experience that the

Division may deem to be equivalent to the requirements set forth in this section.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by R136-99, 4-3-2000; A by Comm’n for Common-Interest

Communities by R129-04, 4-14-2005, eff. 1-1-2006; A by Comm’n for

Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.120)

      NAC 116A.125  Examination for certificate. (NRS 116A.200, 116A.410)

     1.  An applicant for a certificate must:

     (a) Pass an examination which has been approved by

the Division with a minimum score of 75 percent; and

     (b) Pay the fee required by NAC

116A.515 for an examination.

     2.  The Division will only accept results of

an examination taken during the 12 months immediately preceding the date of the

application for a certificate.

     3.  Passing the examination creates no vested

right in the applicant to hold a certificate pending the appeal of a denial of

his or her certification by the Division.

     4.  An applicant who fails the examination

may retake the examination.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by Comm’n for Common-Interest Communities by R107-04, 8-25-2004;

R129-04, 4-14-2005)—(Substituted in revision for NAC 116.130)

 

      NAC 116A.130  Denial of application for certificate or temporary certificate:

Grounds; fee not refundable. (NRS 116A.200, 116A.410)

     1.  The Division shall deny an application

for a certificate or temporary certificate if:

     (a) The application is not in the proper form;

     (b) The application is not accompanied by the fees required

by NAC 116A.515;

     (c) The accompanying forms or documentation are

incomplete or otherwise unsatisfactory;

     (d) The application contains a false or misleading

statement;

     (e) Other deficiencies appear in the application;

     (f) An investigation fails to show affirmatively

that the applicant possesses the necessary qualifications;

     (g) The applicant has willfully acted or attempted

to act in violation of chapter 116, 116A, 119, 119A, 645 or 645A of NRS or the regulations adopted

pursuant to those chapters or has willfully aided or abetted another person to

act or attempt to act in violation of those chapters or regulations;

     (h) The check or draft used to pay the fee for the

application for a certificate is not honored by the financial institution upon

which it is drawn;

     (i) The applicant has had a license, certificate or

permit revoked in another state;

     (j) The applicant has been convicted of, or entered

a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money

under false pretenses, larceny, extortion, conspiracy to defraud or possessing

for the purpose of sale any controlled substance or any crime involving moral

turpitude; or

     (k) Any combination thereof.

     2.  The Division shall not refund a fee for

the application for, and issuance of, a certificate or temporary certificate.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005;

A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.140)

      NAC 116A.135  Denial of application for certificate or temporary certificate:

Notice; appeal. (NRS 116A.200, 116A.410)

     1.  If the Division, after an application for

a certificate or temporary certificate in proper form has been filed,

accompanied by the proper fees, denies an application, the Division shall give

notice of this fact to the applicant within 15 days after the ruling, order or

decision.

     2.  Within 30 days after receipt of a notice

of denial, an applicant may request, in writing, a hearing before the

Commission. The Division will set the matter for a hearing to be conducted as

soon as practicable after receipt of the request of the applicant if the

request contains allegations which, if true, qualify the applicant for a

certificate or temporary certificate.

     3.  The hearing must be held at such time and

place as the Commission prescribes. At least 15 days before the date set for

the hearing, the Division shall notify the applicant and shall accompany the

notification with an exact copy of any protest filed, together with copies of

all communications, reports, affidavits or depositions in possession of the

Division relevant to the matter in question. Written notice of hearing may be

served by delivery personally to the applicant, or by mailing it by certified

mail to the last known address of the applicant.

     4.  The hearing may be held by the Commission

or a majority thereof, and a hearing must be held if the applicant so wishes. A

record of the proceedings, or any part thereof, must be made available to each

party upon the payment to the Division of the reasonable cost of transcription.

     5.  The Commission will render a written

decision on any appeal within 60 days after the final hearing and will notify

the parties to the proceedings, in writing, of its ruling, order or decision

within 15 days after it is made.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005;

A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.150)

      NAC 116A.137  Expiration of temporary certificate. (NRS 116A.200, 116A.410)

     1.  Except as otherwise provided in subsection

2, a temporary certificate expires 1 year after the date on which the temporary

certificate is issued.

     2.  If a person who holds a temporary

certificate obtained the temporary certificate by submitting the material

described in paragraph (b) of subsection 3 of NAC

116A.112 and the person ceases to be employed by the association which made

an offer of employment to the person:

     (a) The temporary certificate expires as of the

time that the employment of the person ceases; and

     (b) Not later than 10 days after the person ceases

to be employed by the association or agent of an association, the association

or agent shall notify the Division that the employment of the holder of the

temporary certificate has ceased.

     3.  A temporary certificate may not be

renewed, and no person may obtain another temporary certificate after the

temporary certificate issued to that person has expired.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R165-09, eff. 12-16-2010)

      NAC 116A.138  Requirements for issuance of certificate upon expiration of

temporary certificate. (NRS 116A.200, 116A.410)  Upon the

expiration of a temporary certificate, the Division shall issue a certificate

to the person who held the temporary certificate if the person has:

     1.  Completed not less than 18 hours of

instruction relating to the Uniform Common-Interest Ownership Act as set forth

in this chapter, chapter 116 of NAC and chapters 116 and 116A of NRS;

     2.  Satisfied the requirements of NAC 116A.110, 116A.115

and 116A.125; and

     3.  Not been the subject of any disciplinary

action pursuant to this chapter, chapter 116

of NAC or chapter 116 or 116A of NRS.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R165-09, eff. 12-16-2010)

      NAC 116A.140  Renewal of certificate. (NRS 116A.200, 116A.410)

     1.  A certificate must be renewed biennially.

     2.  Except as otherwise provided by

subsection 5, the Division shall renew a certificate if the applicant submits

to the Division before the expiration of the certificate:

     (a) A completed application on a form prescribed by

the Division;

     (b) The statement described in NRS 116A.440;

     (c) The fee required by NAC

116A.515 for renewal; and

     (d) Documentation of the successful completion by

the applicant of at least 18 hours of continuing education in courses approved

by the Commission within the 2 years immediately preceding the date on which

the certificate expires. At least 3 hours of the continuing education must

consist of instruction relating to this chapter, chapter

116 of NAC and chapters 116, 116A and 116B of NRS, with an emphasis on recent

changes to those chapters.

     3.  The renewal of a certificate is effective

on the date on which the renewal is issued.

     4.  If the holder of a certificate fails to

complete the required hours of continuing education or fails to file an

application for the renewal of the certificate before it expires, the holder

may not engage in the management of a common-interest community until the

certificate is reinstated.

     5.  The Division may refuse to renew a

certificate if:

     (a) The applicant has been convicted of, or entered

a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money

under false pretenses, larceny, extortion, conspiracy to defraud or possessing

for the purpose of sale any controlled substance or any crime involving moral

turpitude;

     (b) The applicant fails to complete, sign and

submit the statement required pursuant to NRS 116A.440;

     (c) The Division receives a copy of a court order

issued pursuant to NRS 425.540

that provides for the suspension of all professional certificates and permits

issued to the applicant; or

     (d) The applicant has engaged in conduct which is

grounds for disciplinary action pursuant to NAC

116A.355 and has been disciplined by the Division or Commission.

     6.  If the Division, after an application to

renew a certificate in proper form has been filed, accompanied by the proper

fees, refuses to renew the certificate, it shall give notice of this fact to

the applicant within 15 days after the ruling, order or decision. The applicant

may file a written request for a hearing before the Commission pursuant to the

procedures set forth in NAC 116A.135.

     7.  If the Division refuses to renew a

certificate because it receives a copy of a court order issued pursuant to NRS 425.540 that provides for the

suspension of all professional certificates and permits issued to the

applicant, the Division shall reinstate the certificate if the Division

receives a letter issued by the district attorney or other public agency

pursuant to NRS 425.550 to the

person whose certificate was suspended stating that the person has complied

with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by R136-99, 4-3-2000; A by Comm’n for Common-Interest

Communities by R129-04, 4-14-2005; R205-05, 9-18-2006; A by Comm’n for

Common-Interest Communities & Condo. Hotels by R166-09, 5-5-2011)—(Substituted

in revision for NAC 116.160)

REVISER’S NOTE.

      The regulation of the Commission on Common-Interest

Communities (now the Commission for Common-Interest Communities and Condominium

Hotels) filed with the Secretary of State on April 14, 2005 (LCB File No. R129-04),

which amended this section, contains the following provision not included in

NAC:

      “The provisions of [former] paragraph (d) of

subsection 2 of NAC 116.160

[(cf. NAC 116A.140)], as amended by this

regulation, do not apply to a person who applies for renewal of a certificate

before July 1, 2006.”

 

      NAC 116A.145  Reinstatement of inactive certificate; reapplication following

failure to renew certificate. (NRS 116A.200, 116A.410)

     1.  A certificate holder whose certificate is

on inactive status for a period of more than 1 year and who wishes to reinstate

the certificate must submit an application to the Division on a form prescribed

by the Division.

     2.  Each applicant must, as part of the

application and at his or her own expense:

     (a) Arrange to have a complete set of his or her

fingerprints taken by a law enforcement agency or other authorized entity

acceptable to the Division; and

     (b) Submit to the Division:

          (1) A completed fingerprint card and written

permission authorizing the Division to submit the applicant’s fingerprints to

the Central Repository for Nevada Records of Criminal History for submission to

the Federal Bureau of Investigation for a report on the applicant’s background

and to such other law enforcement agencies as the Division deems necessary; or

          (2) Written verification, on a form prescribed

by the Division, stating that the fingerprints of the applicant were taken and

directly forwarded electronically or by another means to the Central Repository

and that the applicant has given written permission to the law enforcement

agency or other authorized entity taking the fingerprints to submit the

fingerprints to the Central Repository for submission to the Federal Bureau of

Investigation for a report on the applicant’s background and to such other law

enforcement agencies as the Division deems necessary.

     3.  In addition to the requirements set forth

in subsection 2, the applicant must submit to the Division:

     (a) Payment of the fees charged by a local law

enforcement agency pursuant to NAC 116A.525 or, if

the fingerprints of the applicant were taken and directly forwarded

electronically or by another means to the Central Repository pursuant to

subsection 2, evidence of such payment;

     (b) Documentation that the applicant possesses the

education required pursuant to NAC 116A.140;

     (c) Documentation that the applicant has passed the

examination for certification;

     (d) The statement described in NRS 116A.440;

     (e) Payment of the fee required by NAC 116A.515 for reinstatement; and

     (f) Such other pertinent information as the

Division may require.

     4.  If a certificate has not been renewed for

a period that exceeds 1 year past its expiration date, an applicant must

reapply pursuant to the provisions of NAC 116A.110.

     5.  The Division may refuse to reinstate a

certificate if:

     (a) The applicant has been convicted of, or entered

a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money

under false pretenses, larceny, extortion, conspiracy to defraud or possessing

for the purpose of sale any controlled substance or any crime involving moral

turpitude;

     (b) The applicant fails to complete, sign and

submit the statement required pursuant to NRS 116A.440;

     (c) The Division receives a copy of a court order

issued pursuant to NRS 425.540

that provides for the suspension of all professional certificates and permits

issued to the applicant; or

     (d) The applicant has engaged in conduct which is

grounds for disciplinary action pursuant to NAC

116A.355 and has been disciplined by the Division or the Commission.

     6.  If the Division, after an application to

reinstate a certificate in proper form has been filed, accompanied by the

proper fees, refuses to reinstate the certificate, the Division shall give

notice of this fact to the applicant within 15 days after the ruling, order or

decision. The applicant may file a written request for a hearing before the

Commission pursuant to the procedures set forth in NAC

116A.135.

     7.  If the Division refuses to reinstate a

certificate solely because it receives a copy of a court order issued pursuant

to NRS 425.540 that provides for

the suspension of all professional certificates and permits issued to the

applicant, the Division shall reinstate the certificate if the Division

receives a letter issued by the district attorney or other public agency

pursuant to NRS 425.550 to the

person whose certificate was suspended stating that the person has complied

with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.165)

      NAC 116A.150  Invalidation of certificate or temporary certificate. (NRS 116A.200, 116A.410)  The

Division, upon the discovery of any error in the issuance of a certificate or

temporary certificate which is related to the qualification or fitness of the holder

thereof, may invalidate the certificate or temporary certificate upon notice in

writing to the holder. The holder shall surrender the certificate or temporary

certificate to the Division within 20 days after the notice is sent by the

Division. A person whose certificate or temporary certificate has been

invalidated and surrendered pursuant to this section may request a hearing on

the matter in the same manner as for the denial of an application pursuant to NAC 116A.135.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.169)

      NAC 116A.155  Provisional community managers: General requirements. (NRS 116A.200, 116A.400, 116A.410)

     1.  A provisional community manager must:

     (a) Be supervised by a supervising community

manager for a minimum of 2 years; and

     (b) Except as otherwise provided in NAC 116A.160, within 2 years after the issuance of

the certificate granting provisional status, obtain 3,120 hours of active

experience in the following areas:

          (1) Financial management of an association;

          (2) Property and facilities management;

          (3) Specific duties relating to the management

of a common-interest community as provided in this chapter, chapter 116 of NAC and chapters 116 and 116A of NRS;

          (4) Governance of an association;

          (5) Insurance coverage; and

          (6) Building a sense of community within an

association.

     2.  Except as otherwise provided in

subsection 3, upon obtaining 2 years of active experience in this State, a

provisional community manager is entitled to act as a community manager without

being supervised by a supervising community manager if the provisional

community manager submits to the Division:

     (a) A statement, on a form prescribed by the

Division, completed and signed by the supervising community manager that

verifies:

          (1) The extent of the active experience gained

in each of the areas set forth in subsection 1; and

          (2) That the provisional community manager has

met the active experience requirements set forth in subsection 1;

     (b) A certificate of completion for the 18 hours of

continuing education required pursuant to NAC 116A.140;

and

     (c) The fee required by NAC

116A.515 for the renewal of a certificate.

     3.  A provisional community manager may

submit to the Division evidence of any other education or experience that the

Division may deem to be equivalent to the requirements of this section.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, 4-14-2005, eff. 1-1-2006; A by R205-05, 9-18-2006; A by Comm’n for

Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.175)

      NAC 116A.160  Provisional community managers: Renewal of certificate. (NRS 116A.200, 116A.410)  A

provisional community manager who has not obtained the active experience

required pursuant to NAC 116A.155 may renew his or

her certificate granting provisional status for an additional 2 years if he or

she submits to the Division:

     1.  A certificate of completion for the 18

hours of continuing education required pursuant to NAC

116A.140; and

     2.  The fee required by NAC 116A.515 for the renewal of a certificate.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, 4-14-2005, eff. 1-1-2006)—(Substituted in revision for NAC 116.180)

      NAC 116A.165  Supervising community managers: Qualifications and

responsibilities. (NRS 116A.200, 116A.400, 116A.410)

     1.  A community manager is qualified to act

as a supervising community manager if he or she:

     (a) Submits to the Division, on a form prescribed

by the Division, an application to act as a supervising community manager;

     (b) Has been actively engaged in the full-time

management of a common-interest community in this State, another state or the

District of Columbia for at least 4 years immediately preceding becoming a

supervising community manager, with at least 2 of the 4 years of experience

obtained in this State;

     (c) Is in good standing with the Division or any

state or the District of Columbia where he or she is licensed or certified; and

     (d) Is competent to engage in the management of a

common-interest community and the supervision of community managers in a manner

which will safeguard the interests of the public.

     2.  A supervising community manager is

responsible for:

     (a) Supervising one or more provisional community

managers or community managers;

     (b) Determining the competency of the provisional

community managers or community managers who are supervised by him or her to

perform delegated tasks of managing a common-interest community;

     (c) Teaching the provisional community managers and

community managers who are supervised by him or her the fundamentals of managing

a common-interest community and the ethics of the profession;

     (d) Supervising the activities and operation of

managing a common-interest community;

     (e) Establishing the policies, rules, procedures

and systems that will allow the supervising community manager to review,

oversee and manage any business conducted by the provisional community managers

or community managers who are supervised by him or her, including any other

employees;

     (f) Establishing reasonable procedures and

safeguards for the filing, storage, handling and maintenance of documents that

may have a material effect upon the rights or obligations of the parties to the

management agreement and the association affected by the management agreement;

and

     (g) Establishing reasonable procedures and

safeguards for the handling of any money received on behalf of a client.

     3.  In establishing the policies, rules,

procedures and systems pursuant to subsection 2, a supervising community

manager shall consider the number of community managers and other employees

associated with the supervising community manager and the number and location

of branch offices operated or managed by the supervising community manager.

     4.  The supervising community manager shall

appoint for each branch office a supervising community manager to supervise and

oversee the activities and operations of the branch office.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, 4-14-2005, eff. 1-1-2006; A by R205-05, 9-18-2006; A by Comm’n for

Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.185)

EDUCATION OF COMMUNITY MANAGERS

General Provisions

      NAC 116A.175  “School” defined. (NRS 116.615, 116.665, 116A.200)  For the

purposes of NAC 116A.175 to 116A.305, inclusive, “school” includes:

     1.  Any university, school or community

college which is a part of the Nevada System of Higher Education, or any other

university or college bearing the same or an equivalent accreditation.

     2.  Any professional school or college

licensed by the Nevada Commission on Postsecondary Education.

     3.  Any out-of-state professional school or

college licensed or accredited by a real estate commission, a department of

education or an equivalent agency of this or any other state.

     4.  A nationally recognized professional

organization which provides educational courses and national accreditation of

courses or schools for those engaged in the management of common-interest

communities.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.195)

      NAC 116A.180  Education audit committees. (NRS 116.615, 116.665, 116A.200)

     1.  The Commission may establish one or more

education audit committees.

     2.  The Commission will create and maintain a

list of persons who have been approved by the Commission to serve on an

education audit committee. A person is eligible to be included on the list if

the person is a current or former member of the Commission or if the person:

     (a) Is a resident of this State;

     (b) Has resided in a common-interest community or

condominium hotel or has been actively engaged in a business or profession

related to common-interest communities or condominium hotels for not less than

3 years immediately preceding the date on which the person is approved by the

Commission to serve on an education audit committee;

     (c) Has served as a member of the executive board

of the association of a common-interest community or condominium hotel or has

professional experience related to common-interest communities or condominium

hotels;

     (d) Has knowledge of the laws and regulations

governing members of the executive board of the association of a

common-interest community or condominium hotel, has knowledge of the laws and

regulations governing common-interest communities or condominium hotels or has

knowledge concerning the preparation of financial reports or reserve studies;

     (e) Has a good reputation for honesty,

trustworthiness and integrity; and

     (f) Has not been disciplined by the Commission or

the Division acting on behalf of the Commission within the 5 years immediately

preceding the date on which the person is approved by the Commission to serve

on an education audit committee.

     3.  For each education audit committee

established by the Commission, the Commission will:

     (a) Determine the number of persons who will serve

on the education audit committee; and

     (b) Select the members of the education audit

committee from the list created and maintained pursuant to subsection 2.

     4.  Each member of an education audit

committee established by the Commission pursuant to this section:

     (a) Serves at the pleasure of the Commission and

without compensation; and

     (b) While engaged in the discharge of the official

duties of a member of an education audit committee, is entitled to receive the

per diem allowance and travel expenses provided for state officers and

employees generally.

     5.  The Administrator may select an education

audit committee established by the Commission to assist the Division with the

review and audit of:

     (a) An instructor approved by the Commission;

     (b) A course of instruction designed to fulfill the

educational requirements for the issuance of an original certificate which is

approved or funded by the Commission; or

     (c) A course for continuing education which is

approved or funded by the Commission.

     6.  An education audit committee selected by

the Administrator pursuant to subsection 5 shall prepare and provide to the

Division an audit report for each instructor and course reviewed and audited by

the education audit committee.

     7.  The Division and the Commission may use

an audit report prepared by an education audit committee pursuant to subsection

6 to determine whether an instructor or sponsor of a course is satisfying the

requirements of NAC 116A.175 to 116A.305, inclusive.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R166-09, eff. 5-5-2011)

Courses for Original Certification

      NAC 116A.185  Approval of school required; exceptions. (NRS 116.615, 116.665, 116A.200)

     1.  Except as otherwise provided in

subsection 2, before any school offers or conducts a course of instruction

designed to fulfill the educational requirements for issuance of an original

certificate under this chapter and chapter

116A of NRS, the school must be approved by the Commission.

     2.  The Commission may accept a course from

any of the following schools without prior approval of the school:

     (a) Any university, school or community college of

the Nevada System of Higher Education or other university or college bearing

the same or equivalent accreditation.

     (b) Any other school offering a course in the

management of common-interest communities if the course is:

          (1) Approved by any real estate commission or

division in any state of the United States or province of Canada; or

 

 

          (2) In the judgment of the Commission,

equivalent in quality to the courses of colleges or universities accredited by

any regional accrediting agency recognized by the United States Department of

Education.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.201)

      NAC 116A.190  Application for and period of approval. (NRS 116.615, 116.665, 116A.200)

     1.  A school that wishes to offer courses to

meet the educational requirements for original certification under this chapter

and chapter 116A of NRS must:

     (a) Apply to the Commission annually for approval

on a form prescribed by the Division; and

     (b) Pay the appropriate fee required by NAC 116A.515 for approval of courses.

     2.  The application must include, without

limitation:

     (a) The name and address of the school;

     (b) The type of school and a description of its

facilities;

     (c) Information concerning the ownership of the

school, including the business organization and the names and addresses of all

directors, principals, officers and others having interests as owners;

     (d) A list of the instructors;

     (e) A list of the courses to be offered and a

topical syllabus for each;

     (f) The allotment of time for each subject;

     (g) A proposed schedule of courses for 1 year;

     (h) The titles, authors and publishers of all

required textbooks;

     (i) A copy of each examination to be used and the

correct answer for each question;

     (j) A statement of:

          (1) The purpose of the school;

          (2) The fees to be charged;

          (3) The days, times and locations of classes;

          (4) The number of quizzes and examinations;

          (5) The grading systems, including the methods

of testing and standards of grading;

          (6) The requirements for attendance; and

          (7) The location of the students’ records; and

     (k) A statement as to whether the school or any

instructor employed by the school has been disciplined by any governmental

agency in this or any other state.

     3.  The Commission’s approval of a course to

meet the educational requirements for an original certificate is effective for

1 year after the original approval or a renewal.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.204)

      NAC 116A.195  Conditions of approval; evidence of certain licensure. (NRS 116.615, 116.665, 116A.200)

     1.  If a school has applied for and received

the approval of the Commission to offer courses to meet the requirements for

original certification under this chapter and chapter 116A of NRS, the school shall,

as a condition of the approval:

     (a) Maintain a record of attendance and

certification for each student in any of those courses for 7 years after the

student’s enrollment and shall have such records open to inspection by the

Division, upon its request, during the regular business hours of the school.

     (b) Upon the request of a transferring student,

furnish the school to which the student is transferring a copy of his or her

attendance record and certification for each of those courses which he or she

has completed.

     (c) Upon the request of a student, furnish the

Division a transcript of the record of his or her grades and attendance.

     2.  A school that does not meet the

definition of a “school” set forth in subsection 1, 3 or 4 of NAC 116A.175 must provide evidence to the Division

that the school is licensed to operate by the Commission on Postsecondary

Education.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.207)

      NAC 116A.200  Requirements for course: Generally. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  Except as otherwise provided in NAC 116A.205, a school that the Commission has

approved to give a course fulfilling the educational requirements for an

original certificate shall require each student to attend the required number

of hours of instruction and to pass at least two written examinations in the

course with a minimum score of 75 percent as a condition of receiving

certification for the course.

     2.  The school may certify only the number of

hours for which the course has been approved by the Commission.

     3.  The entire course must be completed by

the student to satisfy the requirements for an original certificate.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.211)

      NAC 116A.205  Requirements for course: Correspondence course. (NRS 116.615, 116.665, 116A.200, 116A.410)  If the

Commission approves a school to give a course of study which fulfills the

educational requirements for an original certificate and the school offers the

course by correspondence, the school shall:

     1.  Require each student to:

     (a) Pass a closed-book final examination with a

minimum score of 75 percent and with a proctor present at a location designated

by the school in its application for approval filed with the Commission;

     (b) Take two progress examinations or quizzes in

addition to the final examination;

     (c) Prove his or her identity before he or she is

allowed to take any examination; and

     (d) Complete each course within an established

minimum and maximum time.

     2.  Certify the completion of only the number

of hours for which the course has been approved by the Commission. A portion of

a course does not satisfy the requirements for an original certificate.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.214)

      NAC 116A.210  Unacceptable courses. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  The Division shall not accept an

applicant’s completion of any course which is designed to prepare students for

examination, commonly known as a “cram course,” as fulfillment of the

educational requirements for his or her original certification.

     2.  None of the following kinds of courses

will be accepted from an applicant as fulfillment of any part of the 60 hours

of education required by NAC 116A.120 for original

certification:

     (a) Courses designed to develop or improve

clerical, office or business skills that are not related to the management of a

common-interest community, such as typing, shorthand, operation of business

machines, the use of computers or computer software, improvement of memory, or

writing of letters and reports; or

     (b) Business courses in advertising, marketing or

psychology.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.217)

 

      NAC 116A.215  Notice to Division of material change; requirements for renewal

of approval; denial of renewal. (NRS 116.615, 116.665, 116A.200)

     1.  Within 15 days after the occurrence of

any material change in the information provided by the school in its

application pursuant to NAC 116A.190 which would

affect its approval by the Commission, the school shall give the Division

written notice of that change.

     2.  To qualify for annual renewal of approval

by the Commission, a school must submit to the Commission before July 1:

     (a) A written certification, in a form prescribed

by the Division, declaring that the school has met all applicable requirements

of this chapter;

     (b) A sworn statement, in a form prescribed by the

Division, declaring that the information contained in the original application

is current or, if it is not current, a list of all material changes; and

     (c) Payment of the appropriate fee required by NAC 116A.515 for the renewal of courses.

     3.  The Commission may deny renewal of

approval to any school that does not meet the standards required by this

chapter.

     4.  Within 60 days after a decision is made

to deny renewal of approval, the Commission must give written notice of the

decision and the basis for that decision by certified mail to the last known address

of the school.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.221)

      NAC 116A.220  Misrepresentation in advertising prohibited. (NRS 116.615, 116.665, 116A.200)  A school

approved by the Commission shall not make any misrepresentation in its

advertising about any course of instruction which it offers to fulfill

requirements for certification under this chapter.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.224)

Continuing Education

      NAC 116A.230  Approval of and requirements for course; record of attendance or

completion. (NRS

116.615, 116.665, 116A.200, 116A.410)

     1.  Except as otherwise provided in

subsection 4, an application for the approval of a course for continuing education

must be submitted to the Division on a form provided by the Division for review

and presentation to the Commission and must include the fee required by NAC 116A.515. If the Commission approves a course for

continuing education, the Commission’s approval is effective for 1 year after

the original approval or a renewal and the Commission will not grant more than:

     (a) Seven hours of credit for continuing education

for a day of instruction in the course if the sponsor does not require a

student to complete and pass a final examination to pass the course.

     (b) Eight hours of credit for continuing education

for a day of instruction in the course if the sponsor requires a student to

complete and pass a final examination to pass the course.

     2.  The Commission may grant retroactive

approval for a course for continuing education.

     3.  If an application for the approval of a course

for continuing education is presented to the Commission pursuant to subsection

1, the Commission will grant credit for the course only if:

     (a) The course consists of at least 3 hours of

distance education or instruction in a classroom.

     (b) The course satisfies the requirements of NAC 116A.232.

     (c) For a course of instruction in a classroom, the

sponsor of the course:

          (1) Certifies the attendance of holders of a

certificate who take the course for credit.

          (2) Maintains for at least 4 years a record of

attendance which contains the following information with respect to each holder

of a certificate who has taken the course for credit:

               (I) The name of the holder of a

certificate in attendance and the number of his or her certificate.

 

               (II) The title and number of the course.

               (III) The hours of instruction attended

and dates of attendance by the holder of a certificate.

               (IV) A statement that the holder of a

certificate has successfully completed the course, if applicable.

          (3) Assures the Commission that an approved

instructor will preside throughout the course.

     (d) For a course of distance education, the sponsor

of the course:

          (1) Requires each student to:

               (I) Take a closed-book final examination

with a proctor present at a location designated by the sponsor in its

application for approval filed with the Division and receive a score of at

least 75 percent to pass the course;

               (II) Prove his or her identity before he

or she is allowed to take any examination;

               (III) Complete an entire course to

receive credit for taking the course; and

               (IV) Complete each course within an

established minimum and maximum time.

          (2) Gives credit for only the number of hours

for which the course has been approved by the Commission to a holder of a

certificate who has completed the course.

          (3) Publishes a policy for retaking an

examination which a holder of a certificate failed.

          (4) Maintains for at least 4 years a record of

completion of the course which contains the following information with respect

to each holder of a certificate who has taken the course for credit:

               (I) The name of the holder of a

certificate who completes the course and the number of his or her certificate.

               (II) The title and number of the course.

               (III) A statement that the holder of a

certificate has successfully completed the course, which includes, without

limitation, the date that the course was completed and the number of hours

completed.

     4.  The Administrator may grant credit for

continuing education for a course offered by any university, school or

community college which is a part of the Nevada System of Higher Education, or

any other university or college bearing the same or an equivalent accreditation

if:

     (a) The course provides instruction in the

management of a common-interest community or the association of a condominium

hotel or a subject directly related to the management of a common-interest

community or the association of a condominium hotel;

     (b) The university, school or college offers the

course for university or college credit; and

     (c) The sponsor of the course agrees to comply with

paragraphs (a), (c) and (d) of subsection 3, subsection 5, NAC 116A.240 and 116A.250

and subsection 1 of NAC 116A.285.

     5.  If a course is approved, the sponsor

shall provide a certified copy of the record of attendance or record of

completion to the holder of a certificate upon his or her completion of the

course. The Division shall accept the certified copy as proof of the attendance

of the holder of a certificate or completion of the course by the holder of a

certificate for the purpose of renewal or reinstatement of his or her

certificate. If the course is taken at a university or community college, the

proof of attendance must be a certified transcript. The certified copy of the

record of attendance or record of completion of a sponsor must contain the:

     (a) Name of the sponsor;

     (b) Name of the holder of a certificate and his or

her certificate number;

     (c) Number of hours of credit for continuing

education for which the course is approved;

     (d) Dates of instruction for a course of

instruction in a classroom;

     (e) Date of completion of the course for a course

of distance education;

     (f) Title of the course or seminar;

     (g) Number of the sponsor assigned by the Division and

a statement that the course was approved by the Commission;

     (h) Signature of the person authorized to sign for

the sponsor;

 

     (i) Grade received by the holder of a certificate

or a statement of whether the holder of a certificate passed the class if an

examination was given; and

     (j) Manner in which instruction for the course was

delivered.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.234)

      NAC 116A.232  Contents of course; unacceptable courses and activities. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  In addition to the requirements of

subsection 3 of NAC 116A.230, the Commission will

grant credit for a course of continuing education only if the course:

     (a) Contains current information on the management

of a common-interest community or an association of a condominium hotel that

will improve the professional knowledge of a community manager and enable a

community manager to give better service to his or her clients; and

     (b) Contains information that relates to pertinent

Nevada laws and regulations.

     2.  The Commission considers courses in the

following areas to be acceptable for continuing education:

     (a) The ethics of managing a common-interest

community or the association of a condominium hotel;

     (b) Legislative issues concerning community

managers and the management of a common-interest community or the association

of a condominium hotel, including, without limitation, pending and recent

legislation;

     (c) The administration of laws and regulations

concerning community managers and the management of a common-interest community

or the association of a condominium hotel, including, without limitation,

licensing and enforcement;

     (d) Reserve studies;

     (e) Insurance and risk management in

common-interest communities and condominium hotels;

     (f) Administering the office of a community

manager, including, without limitation, personnel management and recordkeeping;

     (g) Accounting, including, without limitation, the

preparation and monitoring of budgets, the monitoring of expenditures and

reserves and the use of financial statements;

     (h) Inspecting a common-interest community or

condominium hotel for the purposes of maintenance, planning or enforcing the

governing documents;

     (i) Federal laws pertinent to the management of a

common-interest community or the association of a condominium hotel, including,

without limitation, the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., and the

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

     (j) Health and safety issues in common-interest

communities and condominium hotels;

     (k) Issues pertaining to declarants and developers

of common-interest communities and condominium hotels;

     (l) Planning and zoning for land use and other

local laws and regulations pertinent to common-interest communities and

condominium hotels;

     (m) The disclosures required in a transaction

involving a unit in a common-interest community or condominium hotel;

     (n) Parliamentary procedures;

     (o) Interpersonal communications;

     (p) Contracts, including, without limitation, the

preparation of requests for proposals and the obtaining of bids;

     (q) The enforcement of financial obligations,

including, without limitation, liens and collections procedures;

     (r) The supervision of provisional community

managers by supervising community managers; and

     (s) Dispute resolution techniques and processes,

including, without limitation, informal and formal mediation, arbitration and

guidelines for internal association procedures related to hearings concerning

violations of the governing documents and other disputes.

     3.  The following types of courses and

activities will not be approved by the Commission for credit for continuing

education:

     (a) A course designed only to prepare an applicant

for a certificate for the examination required by NAC

116A.125.

     (b) Courses designed to develop or improve

clerical, office or business skills that are not related to the management of a

common-interest community or the association of a condominium hotel, including,

without limitation, courses in typing, shorthand, operation of business

machines, the use of computers or computer software, improvement of memory or

writing of letters and reports.

     (c) A meeting for the promotion of a sale, a

program of office training or other activity which is held as part of the

general business of the holder of the certificate.

     (d) A course for orientation of holders of a

certificate, including, without limitation, a course for the orientation of

holders of a certificate that is provided by local real estate boards or

industry groups.

     (e) A course on the development of instructors.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R166-09, eff. 5-5-2011)

      NAC 116A.235  Distance education course: Requirements and considerations for

approval. (NRS

116.615, 116.665, 116A.200)

     1.  A person who requests approval of a

distance education course must demonstrate to the satisfaction of the

Commission that the proposed distance education course satisfies the following

requirements:

     (a) The course must be designed to ensure that

students actively participate in the instructional process by utilizing

techniques that require substantial interaction with the instructor, other

students or a computer program. If the subject matter of the course is such

that the learning objectives for the course cannot be reasonably accomplished

without direct interaction between the instructor and the students, the course

design must provide for such interaction.

     (b) If the course does not provide students with

the opportunity for continuous audio and visual communication with the

instructor during the presentation of the course, the course must utilize

testing and remedial processes appropriate to ensure mastery of the subject

matter of the course by the students.

     (c) If the course involves self-paced study, the

course must be designed so that the time required for a student of average

ability to complete the course is within the number of hours for which the

course is approved, and the sponsor of the course shall utilize a system which

ensures that students have actually performed all tasks designed to ensure

participation and mastery of the subject matter of the course by the students.

     (d) The proposed methods of instruction used in the

course must be appropriate to the proposed learning objectives of the course,

and the scope and depth of the instructional materials must be consistent with

the proposed learning objectives.

     (e) The sponsor of the course shall provide

appropriate technical support to enable students to complete the course

satisfactorily.

     (f) An approved instructor must be reasonably

available to respond timely to questions asked by students concerning the

subject matter of the course and to direct students to additional sources of

information. For the purposes of this paragraph, a response by an approved

instructor shall be deemed timely if the response is made within 2 business

days after the question is submitted.

     (g) The sponsor of the course shall provide

students with an orientation or information package which contains all

information that the Division requires to be provided to students and all

necessary information about the course, including, without limitation,

information concerning fees and refund policies, subject matter and learning

objectives, procedures and requirements for satisfactory completion, any

special requirements with regard to computer hardware and software or other

equipment, and instructor and technical support. The sponsor shall make

available to students technical support relating to the use of any computer

hardware or software, or other equipment or technology needed to complete the

course.

     (h) The sponsor of the course shall utilize

procedures which reasonably ensure that a student who receives credit for

continuing education for completing the course actually performed all the work

required to complete the course. If the course involves independent study by

students, such procedures must include, without limitation, the opportunity for

direct contact by the sponsor with the student at the student’s home or

business via telephone or electronic mail and a signed statement by the student

certifying that he or she personally completed all course work. The sponsor

shall retain such signed statements and records of student contact together

with all other course records the sponsor must maintain.

     2.  A sponsor seeking approval of a

computer-based distance education course must submit a complete copy of the

course to the Division in the medium to be used and, if requested, must make

available, at a date and time satisfactory to the Division and at the sponsor’s

expense, all equipment and software necessary to enable the Division to review

the course. In the case of an Internet-based course, the sponsor shall provide

the Division with access to the course via the Internet at no charge at a date

and time satisfactory to the Division.

     3.  In determining whether to approve a

distance education course pursuant to this section, the Commission will

consider whether:

     (a) The course consists of at least 3 hours of

instruction;

     (b) Students are required to complete a written

examination proctored by a person acceptable to the Division or using a secure

electronic method acceptable to the Division; and

     (c) The course is presented by an accredited

college or university that offers distance education in other disciplines, or

whether the course design and method of delivery have been accredited by an

accrediting agency which accredits distance education and which is approved by

the Commission. For an accrediting agency to be approved by the Commission for

the purposes of this paragraph, the accrediting agency must use the following

considerations when making its determination on whether to accredit a distance

education course:

          (1) The mission statement of the sponsor of

the course;

          (2) The minimum design of the course and the

procedures for updating the course;

          (3) The interactivity of the instruction with

the students;

          (4) Whether the instruction provided in the

course teaches mastery of the course material;

          (5) The support services that are available to

students;

          (6) The medium through which the course is

delivered to students;

          (7) A time study of the range of instructional

hours for which a course should be approved or accredited;

          (8) For each module of instruction, whether

there is:

               (I) At least one learning objective for

the module of instruction;

               (II) A structured learning method to

enable the student to achieve each such learning objective;

               (III) A method of assessment of the

student’s performance during the module of instruction; and

               (IV) A method of remediation pursuant to

which a student who, based on the assessment of his or her performance, is

determined to be deficient in his or her mastery of the course material may

repeat the module until the student understands the course material; and

          (9) Whether a complete syllabus or student

manual, or both, for all courses or programs is provided in written form and

includes accurate and clearly stated information about admissions, progression,

completion, criteria, dismissal and any applicable licensing requirements.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, 4-14-2005, eff. 7-1-2005)—(Substituted in revision for NAC 116.237)

      NAC 116A.240  Approved course: Duties of sponsor. (NRS 116.615, 116.665, 116A.200)

     1.  If a course has been approved and is

being offered for continuing education, the sponsor must state on all the

course materials:

     (a) That the course is approved for continuing

education in Nevada;

     (b) The number of hours of credit for continuing

education for which the course is approved;

     (c) The number of the sponsor assigned by the

Division; and

     (d) The manner in which instruction for the course

will be delivered.

     2.  If a course offered by a sponsor that is

a professional organization has been approved for continuing education, the

sponsor shall not restrict attendance at the course to members of that

organization.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.241)

      NAC 116A.245  Notice of policy concerning cancellations and refunds. (NRS 116.615, 116.665, 116A.200)  Any

advertising, promotional brochure or form for registration for a course for

continuing education must contain, in writing, the policy of the sponsor

concerning cancellations and refunds.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.244)

      NAC 116A.250  Restrictions on receipt of credit for course; final examination. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  A course may not be taken for credit to

meet the requirements for continuing education more than once during any two

consecutive periods for renewal of a certificate.

     2.  Courses taken to satisfy requirements for

renewal or reinstatement of a certificate must be completed within 2 years

immediately before the latest date for renewing or reinstating the certificate.

     3.  A holder of a certificate may receive

credit for continuing education only upon certification by the sponsor that the

holder of the certificate has attended and completed at least 90 percent of the

course.

     4.  The sponsor shall determine whether a

final examination is required for the completion of a course.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98,

eff. 7-1-98; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)—(Substituted

in revision for NAC 116.247)

      NAC 116A.255  Credit for attendance at meeting of Commission. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  The Commission will grant credit for

continuing education, not to exceed 6 hours during a certification period, to a

holder of a certificate for attending a meeting of the Commission if:

     (a) The meeting of the Commission for which credit

for continuing education is being sought is not a meeting in which the holder

of a certificate was participating or otherwise affiliated with a specific

disciplinary hearing;

     (b) The meeting of the Commission for which credit

for continuing education is being sought lasts at least 3 hours; and

     (c) The Commission certifies, for the purposes of

providing credit for continuing education, the attendance of the holder of a

certificate at the meeting.

     2.  If a holder of a certificate attends only

part of a meeting of the Commission, the Division may determine the number of

hours of credit, if any, that the holder of a certificate may receive for

credit for continuing education pursuant to this section.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.251)

Approved Courses and Instructors

      NAC 116A.265  Requirements for instructors and guest lecturers; advertising. (NRS 116.615, 116.665, 116A.200)  A school

that conducts courses approved by the Commission:

     1.  May employ as instructors of those

courses only persons who meet the qualifications set forth in NAC 116A.270.

     2.  Shall limit noncertificated guest

lecturers who are experts in the related fields to a total of 9 hours of

instruction per approved course.

     3.  Shall include a statement that the school

is approved by the Commission on all advertisements of the school.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.261)

      NAC 116A.270  Instructors: Approval by Division; periodic review and

evaluation. (NRS

116.615, 116.665, 116A.200)

     1.  An instructor must have written approval

from the Division before teaching an approved course.

     2.  An applicant for approval as an

instructor must apply on a form prescribed by the Division.

     3.  The Division shall not, without the

approval of the Commission, approve a person as an instructor if the person:

     (a) Has been disciplined by the Commission or the

Division acting on behalf of the Commission:

          (1) Within the immediately preceding 5 years;

or

          (2) More than one time; or

     (b) Has been determined in an administrative or

judicial proceeding to have violated any statute, rule, regulation or order

pertaining to real estate in this or any other state.

     4.  A person may be approved as an instructor

to teach an approved course relating to his or her principal occupation if:

     (a) The person has:

          (1) A bachelor’s degree or a more advanced

degree, plus at least 2 years of full-time experience, in the field in which he

or she will be providing instruction;

          (2) At least 75 hours of teaching experience

in the field in which he or she will be providing instruction within the 3

years immediately preceding the date of his or her application for approval

plus at least 3 years of full-time experience in that field;

          (3) At least 6 years of full-time experience

in the field in which he or she will be providing instruction; or

          (4) Any combination of at least 6 years of

college-level course work and full-time experience in the field in which he or

she will be providing instruction;

     (b) The person has a good reputation for honesty,

integrity and trustworthiness; and

     (c) The person submits to the Division satisfactory

documentation of his or her qualifications and a resume outlining his or her

experience, education and teaching experience in the field in which he or she

will be providing instruction.

     5.  The Division shall periodically review

and evaluate each approved instructor. The Administrator may select an

education audit committee established by the Commission pursuant to NAC 116A.180 to assist the Division with the review

and evaluation of an approved instructor.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.264)

 

 

      NAC 116A.275  Instructors: Responsibilities. (NRS 116.615, 116.665, 116A.200)

     1.  An instructor shall ensure that:

     (a) Class sessions are commenced in a timely manner

and are conducted for the full amount of time that is approved; and

     (b) Each course is taught according to the course

plan and instructor guide that was approved by the Commission, including the

furnishing to students of appropriate student materials.

     2.  An instructor shall conduct himself or

herself in a professional and courteous manner when performing instructional

duties and shall conduct classes in a manner that demonstrates the following

basic teaching skills:

     (a) The ability to present instruction in a

thorough, accurate, logical, orderly and understandable manner, to utilize

illustrative examples as appropriate and to respond appropriately to questions

from students;

     (b) The ability to utilize effectively varied

instructional techniques in addition to lectures, including, without

limitation, class discussion, role-playing and other techniques;

     (c) The ability to utilize varied instructional

aids effectively to enhance learning;

     (d) The ability to maintain an appropriate learning

environment and effective control of a class; and

     (e) The ability to interact with adult students in

a positive manner that:

          (1) Encourages students to learn;

          (2) Demonstrates an understanding of varied

student backgrounds;

          (3) Avoids offending the sensibilities of

students; and

          (4) Avoids personal criticism of any other

person, agency or organization.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.267)

      NAC 116A.280  Instructors: Withdrawal of approval. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  The Administrator may withdraw the

approval of an instructor who:

     (a) Does an inadequate job of teaching the subject

matter of a course as evidenced by student evaluations or an audit conducted by

the Division or an education audit committee selected by the Administrator

pursuant to NAC 116A.180 to assist the Division

with the review and audit of the instructor or the course taught by the

instructor;

     (b) Has been determined in any administrative or

judicial proceeding to have violated any statute, rule, regulation or order

pertaining to real estate;

     (c) Has been convicted of, or entered a plea of

guilty or nolo contendere to, any crime involving fraud, deceit,

misrepresentation or moral turpitude; or

     (d) Engages in inappropriate behavior in the

classroom as evidenced by an audit conducted by the Division or an education

audit committee selected by the Administrator pursuant to NAC 116A.180 to assist the Division with the review

and audit of the instructor or the course taught by the instructor.

     2.  Before withdrawing approval of the

instructor of a course, the Administrator must notify the sponsor of the course

of the Administrator’s intent to withdraw approval of the instructor. The

notice must include the specific reasons upon which the Administrator is basing

the decision to withdraw the approval of the instructor. Not later than 30 days

after the date on which a sponsor receives the notice, the sponsor may provide

a written response to the Administrator that clearly sets forth the reasons why

the approval of the instructor should not be withdrawn and outlining any

corrective measures that the sponsor will undertake. After the 30-day period

has elapsed, the Administrator shall review the notice and any response

submitted by the sponsor and shall:

     (a) Withdraw approval of the instructor;

     (b) Allow the instructor to remain approved if

certain specific enumerated conditions are met; or

     (c) Allow the continued approval of the instructor.

Ê If the

Administrator decides to withdraw approval of the instructor, the withdrawal of

approval of the instructor becomes effective upon the mailing of the decision

of the Administrator to the sponsor of the course taught by the instructor by

certified mail, return receipt requested, to the sponsor’s last known business

address.

     3.  If the Administrator withdraws approval

of an instructor, the Division shall give credit to a student for completing

the course if the student began the course before the sponsor received written

notice of the withdrawal of approval of the instructor.

     4.  The sponsor may appeal the decision of

the Administrator to withdraw approval of an instructor by filing an appeal

with the Commission not later than 30 days after the date on which the

withdrawal of the approval of the instructor becomes effective.

     5.  If the sponsor files a timely appeal, the

Commission will, as soon as practicable, hold a hearing concerning the

withdrawal of approval of the instructor at a regularly scheduled meeting and

will:

     (a) Affirm the decision of the Administrator to

withdraw approval of the instructor;

     (b) Suspend approval of the instructor for a

limited period and under such conditions as the Commission deems appropriate;

or

     (c) Reverse the decision of the Administrator to

withdraw approval of the instructor.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.271)

      NAC 116A.285  Courses: Responsibilities of sponsor; renewal of approval; review

and audit; grounds for withdrawing or refusing to renew approval; discipline of

sponsor. (NRS

116.615, 116.665, 116A.200, 116A.400, 116A.410)

     1.  The sponsor of an approved course:

     (a) Shall not allow a holder of a certificate to

pass the course by taking an examination without having the required

attendance;

     (b) Shall admit:

          (1) Authorized personnel of the Division to

audit and evaluate the presentation of the course; and

          (2) Each member of an education audit

committee selected by the Administrator pursuant to NAC

116A.180 to assist the Division with the review and audit of the course.

     (c) Shall notify the Division within 15 days after

making any material change in the course;

     (d) Shall not present a course for the main purpose

of selling products or services and shall limit the announcement of products or

services during the course to not more than 2 minutes; and

     (e) If the course is a course of instruction in a

classroom, shall provide notice of the course to the Division not later than 15

days before the course is offered.

     2.  The sponsor must apply for renewal on a

form provided by the Division and describe on that form any changes in the

course. An application for renewal must be filed at least 2 weeks before the

previous approval expires. If the sponsor does not timely file the application

for renewal, the sponsor must apply for an original approval.

     3.  Each approved course and instructor is

subject to review and audit by the Division or an education audit committee

selected by the Administrator pursuant to NAC 116A.180

to assist the Division with the review and audit of the course. If the Division

or education audit committee conducts such a review or audit, the sponsor shall

make available to the Division or education audit committee, whichever is

applicable, all records requested which are necessary to the review. The

Division may decide in its discretion whether to provide notice to the sponsor

and instructor of a course of the review and audit of the course.

     4.  Each of the following acts and conditions

is a ground for the Commission to withdraw or refuse to renew its approval of a

course:

     (a) The curriculum or instruction, as shown by

evaluations or audits, is of poor quality.

     (b) The violation of any provision of this chapter

relating to continuing education.

     (c) The course is not taught within the last period

for which the course is approved.

     (d) The sponsor of the course has made a false

statement or has presented any false information in connection with an

application for the approval of the course, the renewal of such approval or the

approval of the sponsor.

     (e) The sponsor of the course or any official or

instructor employed by the sponsor has refused or failed to comply with any

provision of this chapter, chapter 116 of NAC

or chapter 116, 116A or 116B of NRS.

     (f) The sponsor of the course or any official or

instructor employed by the sponsor has provided false or incorrect information

in connection with any report the sponsor is required to submit to the

Commission.

     (g) The sponsor of the course has engaged in a

pattern of consistently cancelling scheduled courses.

     (h) The sponsor of the course has remitted to the

Division in payment for required fees a check which was dishonored by a bank.

     (i) An instructor employed by the sponsor of an

approved course fails to conduct approved courses in a manner that demonstrates

possession of the teaching skills described in this chapter.

     (j) A court of competent jurisdiction has found the

sponsor of the approved course or any official or instructor employed by the

sponsor to have violated, in connection with the offering of education courses,

any applicable federal or state law or regulation:

          (1) Prohibiting discrimination on the basis of

disability;

          (2) Requiring places of public accommodation to

be in compliance with prescribed standards relating to accessibility; or

          (3) Requiring that courses related to

certification for professional or trade purposes be offered in a place and

manner accessible to persons with disabilities.

     (k) The sponsor of the course or any official or

instructor employed by the sponsor has been disciplined by the Commission or

any other occupational certification agency in this State or any other

jurisdiction.

     (l) The sponsor of the course or any official or

instructor employed by the sponsor has collected money for an educational

course but has refused or failed to provide the promised instruction.

     5.  A holder of a certificate who is the

sponsor of an approved course is subject to disciplinary action pursuant to the

provisions of this chapter for any dishonest, fraudulent or improper conduct by

the holder of a certificate, or an instructor of the approved course employed

by the holder of a certificate, in connection with activities related to the

approved course.

     6.  As used in this section, “disability”

means:

     (a) A physical or mental impairment that

substantially limits one or more of the major life activities of the person;

     (b) A record of such an impairment; or

     (c) Being regarded as having such an impairment.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.274)

      NAC 116A.290  Courses: Withdrawal of approval.

(NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  If the Administrator determines, whether

pursuant to an audit or otherwise, that an approved course does not meet the

standards for such a course set forth in this chapter, the Administrator shall

notify the sponsor of the course of the Administrator’s intent to withdraw

approval of the course. The notice must include the specific reasons upon which

the Administrator is basing the decision to withdraw approval of the course.

Not later than 30 days after the date on which a sponsor receives the notice,

the sponsor may provide a written response to the Administrator that clearly

sets forth the reasons why approval of the course should not be withdrawn and

outlining any corrective measures that the sponsor will undertake. After the

30-day period has elapsed, the Administrator shall review the notice and any

response submitted by the sponsor and:

     (a) Withdraw approval of the course;

     (b) Allow the course to remain approved if certain

specific enumerated conditions are met; or

     (c) Allow the continued approval of the course.

Ê If the

Administrator decides to withdraw approval of the course, the withdrawal of

approval of the course becomes effective upon the mailing of the decision of

the Administrator to withdraw approval to the sponsor by certified mail, return

receipt requested, to the sponsor’s last known business address.

     2.  If the Administrator withdraws approval

of a course, the Division shall give credit to a student for completing the

course if the student began the course before the sponsor received written

notice of the withdrawal of approval of the course.

     3.  The sponsor may appeal the decision of

the Administrator to withdraw approval of a course by filing an appeal with the

Commission not later than 30 days after the date on which the withdrawal of the

approval of the course becomes effective.

     4.  If the sponsor files a timely appeal, the

Commission will, as soon as practicable, hold a hearing concerning the

withdrawal of approval of the course at a regularly scheduled meeting and will:

     (a) Affirm the decision of the Administrator to

withdraw approval of the course;

     (b) Suspend approval of the course for a limited

period and under such conditions as the Commission deems appropriate; or

     (c) Reverse the decision of the Administrator to

withdraw approval of the course.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.277)

      NAC 116A.295  Courses: Reapproval by Division if no changes. (NRS 116.615, 116.665, 116A.200)  The

Division shall, on behalf of the Commission, reapprove an approved course if no

changes in the course have occurred since the course was last approved or

reapproved.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.281)

      NAC 116A.300  Evaluation of course and instructor by students. (NRS 116.615, 116.665, 116A.200)

     1.  Each approved course and each instructor

of an approved course must be evaluated by students on a form prescribed by the

Division and provided by the sponsor during every course offering.

     2.  The sponsor shall mail or deliver copies

of the completed evaluations to the Division within 10 working days after the

last day of class for the course.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R166-09, 5-5-2011)—(Substituted in revision for NAC 116.284)

      NAC 116A.305  Certificate of completion of course: Prerequisite activities of

student; appeal of denial. (NRS 116.615, 116.665, 116A.200, 116A.410)

     1.  To receive a certificate of completion

for an approved course, a student must:

     (a) Direct his or her attention to the instruction

being provided and refrain from engaging in activities unrelated to the

instruction; and

     (b) Refrain from engaging in activities which are

distracting to other students or the instructor, or which otherwise disrupt the

orderly conduct of a class, including, without limitation, the use of voice

pagers, beepers and telephones.

     2.  An instructor shall deny the award of a

certificate of completion to a student who fails to satisfy the conditions set

forth in subsection 1.

     3.  If an instructor denies the award of a

certificate of completion to a student, the student may, within 30 days after

that denial, file a written request with the Administrator to review the

matter. If the written request contains allegations which, if true, would

qualify the applicant to receive a certificate of completion, the Administrator

shall set the matter for an informal hearing before him or her to be conducted

as soon as practicable.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.287)

PRACTICE BY COMMUNITY MANAGERS

      NAC 116A.320  Compliance with statutory standards of practice. (NRS 116A.200, 116A.400)  A

community manager shall comply with the standards of practice set forth in NRS 116A.630.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; R205-05, 9-18-2006;

A by Comm’n for Common-Interest Communities & Condo. Hotels by R145-06, 4-17-2008;

R108-08, 4-20-2010)—(Substituted in revision for NAC 116.300)

      NAC 116A.325  Management agreement; evidence of insurance. (NRS 116A.200, 116A.400)

     1.  A management agreement must:

     (a) Be in writing and signed by all parties;

     (b) Be entered into between the client and the

community manager or the employer of the community manager if the community

manager is acting on behalf of a corporation, partnership, limited partnership,

limited-liability company or other entity;

     (c) State the term of the management agreement;

     (d) State the basic consideration for the services

to be provided and the payment schedule;

     (e) Include a complete schedule of all fees, costs,

expenses and charges to be imposed by the community manager, whether direct or

indirect, including, without limitation:

          (1) The costs for any new association or

start-up costs;

          (2) The fees for special or nonroutine

services such as the mailing of collection letters, the recording of liens and

foreclosing of property;

          (3) Reimbursable expenses;

          (4) The fees for the sale or resale of a unit

or for setting up the account of a new member; and

          (5) The portion of fees that are to be

retained by the client and the portion to be retained by the community manager;

     (f) State the identity and the legal status of the

contracting parties;

     (g) State any limitations on the liability of each

contracting party, including any provisions for indemnification of the

community manager;

     (h) Include a statement of the scope of work of the

community manager;

     (i) State the spending limits of the community

manager;

     (j) Include provisions relating to the grounds and

procedure for termination of the community manager;

     (k) Identify the types and amounts of insurance

coverage to be carried by each contracting party, including:

          (1) Whether the community manager will

maintain errors and omissions or professional liability insurance;

          (2) Which contracting party will maintain

fidelity bond coverage;

          (3) Whether the association will maintain

directors and officers liability coverage for the executive board; and

          (4) Whether either contracting party must be

named as an additional insured under any required insurance;

 

 

     (l) Include provisions for dispute resolution;

     (m) Acknowledge that all records and books of the

client are the property of the client, with the exception of any proprietary

information and software belonging to the community manager;

     (n) State the physical location, including the

street address, of the records of the client, which must be within 60 miles

from the physical location of the common-interest community;

     (o) State the frequency and extent of regular

inspections of the common-interest community; and

     (p) State the extent, if any, of the authority of

the community manager to sign checks on behalf of the client in an operating

account.

     2.  A management agreement may:

     (a) Provide for mandatory binding arbitration;

     (b) Provide for indemnification of the community

manager in accordance with and subject to the appropriate provisions of title 7

of NRS; and

     (c) Allow the provisions of the management

agreement to apply month to month following the end of the term of the

management agreement but the management agreement may not contain an automatic

renewal of the management agreement.

     3.  Not later than 10 days after the

effective date of a management agreement, the community manager shall provide

each member of the executive board evidence of the existence of the required

insurance which must include:

     (a) The names and addresses of all insurance

companies;

     (b) The total amount of coverage; and

     (c) The amount of any deductible.

     4.  After signing a management agreement, the

community manager shall provide a copy of the management agreement to each

member of the executive board. Within 30 days after an election or appointment

of a new member to the executive board, the community manager shall provide the

new member with a copy of the management agreement.

     5.  Any changes to a management agreement

must be initialed by the contracting parties. If there are any changes after

the execution of a management agreement, those changes must be in writing and

signed by the contracting parties.

     6.  Except as otherwise provided in a

management agreement, upon the termination or assignment of a management

agreement, the community manager shall, within 30 days after such termination

or assignment, transfer possession of all books, records and other papers of

the client to the succeeding community manager, or to the client if there is no

succeeding community manager, regardless of any unpaid fees or charges to the community

manager or management company.

     7.  Notwithstanding any provision in a

management agreement to the contrary, a management agreement may be terminated

by the client without penalty upon 30 days’ notice following a violation by the

community manager of any provision of this chapter or chapter 116 of NRS.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.305)

      NAC 116A.330  Required disclosures. (NRS 116A.200, 116A.400)  Before

entering into a management agreement, a community manager shall disclose in

writing to the prospective client any material and relevant information that

the community manager knows or should know relates to the performance of the

management agreement, including any matters which may affect his or her ability

to comply with the provisions of this chapter or chapter 116 of NRS. Such disclosure must

include, without limitation:

     1.  Whether the community manager expects to

receive any direct or indirect compensation or profits from any person who will

perform services for the client and, if so, the identity of the person;

 

 

     2.  His or her affiliation with or financial

interest in any person who furnishes any goods or services to the client; and

     3.  His or her personal relationships with

any unit’s owner, member of the executive board or officer of the association.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005)—(Substituted

in revision for NAC 116.310)

      NAC 116A.335  Office; display of certificate or temporary certificate. (NRS 116A.200, 116A.400)

     1.  A community manager shall establish an

office in Nevada which is reasonably accessible to members of the general

public. If the community manager chooses to establish an office in a private

home or in conjunction with another business, he or she shall:

     (a) Set aside a separate room for conducting his or

her duties as a community manager; and

     (b) Comply with all local zoning requirements.

     2.  A community manager shall display his or

her certificate or temporary certificate conspicuously in his or her office.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.321)

      NAC 116A.340  Change of name, address, association or supervising community

manager. (NRS

116A.200, 116A.400, 116A.410)

     1.  A community manager shall give written

notice to the Division of any change of name, address or association within 10

business days after the change occurs and pay the appropriate fee required by NAC 116A.515.

     2.  A provisional community manager shall

give written notice to the Division of any change of his or her supervising

community manager within 10 business days after the change occurs and pay the

appropriate fee required by NAC 116A.515.

     3.  Failure to give notice as required by

this section constitutes cause for the involuntary inactivation of the

certificate or temporary certificate.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by R205-05, 9-18-2006; A by Comm’n for

Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.331)

      NAC 116A.345  Prohibited acts. (NRS 116A.200, 116A.400)  A

community manager shall not:

     1.  Except as otherwise required by law or

court order, disclose confidential information relating to a client which

includes, without limitation, the business affairs and financial records of the

client, unless the disclosure is consented to by the client;

     2.  Impede or otherwise interfere with an

investigation of the Division by:

     (a) Failing to comply with a request by the

Division to provide documents;

     (b) Supplying false or misleading information to an

investigator, auditor or any other officer or agent of the Division; or

     (c) Concealing any facts or documents relating to

the business of a client;

     3.  Commingle money or other property of a

client with the money or other property of another client, another association,

the community manager or the employer of the community manager and shall not

use money or other property of a client for his or her own personal use;

     4.  Be a signor on a withdrawal from a

reserve account of a client;

     5.  Except as otherwise permitted by the

provisions of the court rules governing the legal profession, establish an

attorney-client relationship with an attorney or law firm which represents a

client that employs the community manager or with whom the community manager

has a management agreement;

 

     6.  Provide or attempt to provide to a client

services concerning a type of property or service:

     (a) That is outside his or her field of experience

or competence without the assistance of a qualified authority unless the fact

of his or her inexperience or incompetence is disclosed fully to the client and

is not otherwise prohibited by law; or

     (b) For which he or she is not properly licensed;

     7.  Apply a payment of an assessment from a

unit’s owner towards any fine, fee or other charge that is due;

     8.  Refuse to accept from a unit’s owner

payment of any assessment, fine, fee or other charge that is due because of the

fact that there is an outstanding payment due; or

     9.  Collect any fees or other charges from a

client not specified in the management agreement.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.341)

      NAC 116A.350  Allegations of misconduct; submission of complaint; investigation

and report; action by Administrator; appeal. (NRS 116A.200, 116A.400, 116A.410)

     1.  If a person who alleges that a community

manager is guilty of misconduct sends the allegations of misconduct in writing

to the community manager in an attempt to resolve the issue without filing a

complaint with the Division, the community manager shall, in good faith,

acknowledge and respond in writing to the person making the allegations within

12 working days after he or she receives the allegations.

     2.  A complaint about a community manager

must:

     (a) Be submitted to the Division on a form provided

by the Division;

     (b) Be signed by the person submitting the

complaint; and

     (c) Include, without limitation:

          (1) The identity of the community manager who

is alleged to have violated a provision of this chapter or chapter 116 of NRS, and the nature of the

alleged violation;

          (2) All evidence supporting the allegations,

including, without limitation, as appropriate, corroborating statements by

other persons or specific information as to persons who may be contacted to

provide such corroboration;

          (3) The name, address and telephone number of

the person submitting the complaint;

          (4) Documents that evidence an attempt by the

person submitting the complaint to resolve the issue with the executive board

or the community manager, including, without limitation, any written response

of the executive board or the community manager to the allegations of the

person submitting the complaint; and

          (5) If filed by a tenant of a unit’s owner,

ratification of the complaint by the unit’s owner without the use of a power of

attorney by the tenant.

     3.  Upon receipt of a complaint that complies

with subsection 2, the Division shall forward the complaint to an investigator.

The investigator:

     (a) Shall send a copy of the complaint to the

community manager and the executive board of any association which relates to

the subject of the complaint;

     (b) Within 12 working days after the receipt of the

allegations, shall attempt to obtain a response in writing from the person who

is the subject of the complaint;

     (c) May make such inquiries and investigation into

matters relating to the allegations in the complaint as the investigator deems

appropriate; and

     (d) Shall submit to the Administrator a written

report that summarizes the findings and conclusions of the investigator.

     4.  Upon review of the written report of the

investigator, if the Administrator determines that grounds for disciplinary

action against the community manager exist, the Administrator may take one or

more of the following actions as he or she deems appropriate:

     (a) Issue a letter of censure to the community

manager who is the subject of the complaint;

     (b) Levy an administrative fine of:

          (1) For the first offense, not more than

$1,000; and

          (2) For the second offense, not more than

$5,000;

     (c) Require the community manager to obtain

additional education relating to the management of a common-interest community;

     (d) Refer the matter to the Commission;

     (e) Refer the matter to the Real Estate Commission;

or

     (f) Refer the matter to the Attorney General of

this State.

     5.  The Administrator may initiate an

investigation, audit or inspection of the records of any community manager or

any person who performs the duties of a community manager in this State.

     6.  Any action taken by the Administrator

pursuant to subsection 4 may be appealed by the community manager upon written

request to the Commission within 30 days after the Administrator takes such

action.

     7.  As used in this section, “investigator”

means a person whom the Division deems to be impartial and qualified with respect

to the matter in a complaint and who is designated by the Division to

investigate a complaint pursuant to this section.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; R108-08, 4-20-2010)—(Substituted

in revision for NAC 116.351)

      NAC 116A.355  Grounds for disciplinary action; criteria for determining

unprofessional conduct and professional incompetence. (NRS 116A.200, 116A.400, 116A.410)

     1.  A community manager is subject to

disciplinary action if the community manager:

     (a) Commits any of the following:

          (1) Unprofessional conduct;

          (2) Professional incompetence;

          (3) Negligence or gross negligence; or

          (4) A felony or any offense involving moral

turpitude; or

     (b) Has had a certificate, permit or license that

authorizes him or her to act as a community manager in another jurisdiction

revoked or suspended.

     2.  A community manager commits an act of

unprofessional conduct if the community manager:

     (a) Violates the provisions of:

          (1) An order of the Commission;

          (2) An agreement with the Division; or

          (3) This chapter, chapter

116 of NAC or chapter 116 or 116A of NRS;

     (b) Fails to disclose to a client any material fact

or other information that he or she knows or, in the exercise of reasonable

care or diligence, should have known, which concerns or relates to the

common-interest community and which is of customary or express interest to the

client;

     (c) Engages in deceitful, fraudulent or dishonest

conduct, including, without limitation, knowingly communicating false,

misleading or fraudulent information to a client;

     (d) Before obtaining a certificate, temporary

certificate or permit, committed an act which was in fact unknown to the

Division at the time it issued the certificate, temporary certificate or permit

and which would have been grounds for denial of a certificate, temporary certificate

or permit had the Division been aware of the conduct;

     (e) Obtains a certificate, temporary certificate or

permit by fraud or deceit or by concealing a material fact from the Division,

including, without limitation, making a false statement of material fact on the

application for the certificate, temporary certificate or permit;

     (f) Fails to cooperate with the Division in the

investigation of a complaint, including, without limitation, failure to produce

any document, book or record in the possession or control of the community

manager after the Division requests the production of such document, book or

record in the course of an investigation of a complaint;

     (g) Fails to perform impartially and consistently

an activity that is lawful and properly authorized on behalf of a client or

fails to perform a duty or obligation owed to a client because of the age,

race, color, religion, national origin, disability, marital status, familial

status, sex or ethnicity of any person, including, without limitation, a member

of the executive board, an officer of the association, a unit’s owner, a tenant

of the common-interest community or a visitor of the common-interest community;

     (h) Fails to account for or remit money in his or

her possession that belongs to another within a reasonable time of a request

for an accounting or remittance of such money by the owner; or

     (i) Exceeds the authority granted to him or her by

the client.

     3.  A community manager commits an act of

professional incompetence if, without limitation, the community manager:

     (a) Demonstrates a significant lack of ability,

knowledge or fitness to perform a duty or obligation owed to a client; or

     (b) Fails to exercise reasonable skill and care

with respect to a duty or obligation owed to a client.

     4.  In determining whether a community

manager has committed unprofessional conduct or professional incompetence, the

Commission and the Administrator may consider, without limitation, whether the

community manager has:

     (a) Done his or her utmost to protect the public

against fraud, misrepresentation or unethical practices related to the business

affairs of the client;

     (b) Acquired the knowledge of all pertinent facts

concerning a client;

     (c) Provided or attempted to provide to a client

services concerning a type of property or service:

          (1) That is outside his or her field of

experience or competence without the assistance of a qualified authority unless

the fact of his or her inexperience or incompetence is disclosed fully to the

client and is not otherwise prohibited by law; or

          (2) For which he or she is not properly

licensed;

     (d) Complied with the disclosure requirement of NAC 116A.330;

     (e) Complied with the applicable governing

documents, policies and procedures of the client;

     (f) Kept informed of current statutes and

regulations relating to common-interest communities and relating to other areas

in which he or she attempts to provide guidance;

     (g) Acted in the best interest of the client;

     (h) Ensured that each management agreement is in

writing and that each member of the executive board has received a copy of the

management agreement;

     (i) Obtained all changes of contractual terms in

writing and has ensured that such changes are signed or initialed by the

parties concerned;

     (j) Acquired knowledge of all material facts that

are reasonably ascertainable and are of customary or express concern to a

client and has conveyed that knowledge to the client; or

     (k) Failed to supervise a provisional community

manager or employee.

     5.  As used in this section:

     (a) “Disability” means:

          (1) A physical or mental impairment that

substantially limits one or more of the major life activities of the person;

          (2) A record of such an impairment; or

          (3) Being regarded as having such an

impairment.

     (b) “Familial status” means the fact that a person:

          (1) Lives with a child under the age of 19

years and has:

               (I) Lawful custody of the child; or

               (II) Written permission to live with the child

from the person who has lawful custody of the child;

          (2) Is pregnant; or

          (3) Has begun a proceeding to adopt or

otherwise obtain lawful custody of a child.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n

for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.360)

      NAC 116A.360  Disciplinary action by Commission. (NRS 116A.200, 116A.400, 116A.410)

     1.  If the Administrator refers the matter to

the Commission and after conducting a hearing the Commission finds that grounds

for disciplinary action against the community manager exist, the Commission may

take one or more of the following actions:

     (a) Revoke or suspend the certificate or temporary

certificate;

     (b) Refuse to renew or reinstate the certificate;

     (c) Place the community manager on probation;

     (d) Issue a reprimand or censure to the community

manager;

     (e) Impose a fine of not more than $5,000 for each

violation of a statute or regulation;

     (f) Require the community manager to pay

restitution;

     (g) Require the community manager to pay the costs

of the investigation and hearing;

     (h) Require the community manager to obtain

additional education relating to the management of common-interest communities;

or

     (i) Take such other disciplinary action as the

Commission deems appropriate.

     2.  Unless the Administrator determines

otherwise and the person satisfies all the requirements for initial issuance of

a certificate, the Commission will not issue another certificate to a person

whose certificate has been revoked for at least 1 year after the date of the

revocation.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n

for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.370)

RESERVE STUDY SPECIALISTS

      NAC 116A.410  Maintenance and availability of list of persons who have

registered with Division. (NRS 116A.200, 116A.430)  The

Division shall maintain a list of all persons who have registered with the

Division as a reserve study specialist and make the list available to the

public.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008; A by R164-09, 5-5-2011)

      NAC 116A.415  Registration: Form; fee; expiration. (NRS 116A.200, 116A.430)

     1.  To register with the Division as a

reserve study specialist, a person must submit:

     (a) A registration on a form prescribed by the

Division which includes the name and business address of the person registering

as a reserve study specialist; and

     (b) A fee in an amount to be established annually

by the Division to cover the administrative cost of registering the person.

     2.  A registration as a reserve study

specialist expires 2 years after the date on which the registration and fee

required by subsection 1 are submitted to the Division, unless the reserve

study specialist submits to the Division another registration and fee required

by subsection 1 before that date.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008; A by R164-09, 5-5-2011)

      NAC 116A.420  Registration: Qualifications; refusal or revocation by Division. (NRS 116A.200, 116A.430)

     1.  A person is qualified by training and

experience to register as a reserve study specialist if the person has:

     (a) A good reputation for honesty, trustworthiness

and integrity;

     (b) The ability to evaluate the items on the

component inventory with regard to normal and accelerated deterioration,

deferred maintenance, remaining years of useful life and the current cost to

repair, replace or restore;

     (c) The ability to perform financial analysis, cost

estimates and 30-year projections, as applicable;

     (d) The ability to review improvement plans and

specifications, maintenance histories, recorded plats and governing documents

of the association in order to compile a complete component inventory and to

consult with the executive board to ascertain and confirm that the component

inventory is complete;

     (e) The ability to gather and analyze financial

data, including, without limitation, monthly assessment fees per unit, the

current balance of reserves, the anticipated interest rate on reserves, and the

anticipated inflation and maximum increases in assessment fees; and

     (f) The background and knowledge pertinent to all

areas to be addressed by the reserve study.

     2.  If the Division finds that a person who

has submitted a registration to the Division is not qualified by training and

experience to register as a reserve study specialist, the Division shall:

     (a) If the Division has not yet registered the

person, refuse to register the person as a reserve study specialist.

     (b) If the Division has registered the person,

revoke the registration.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008; A by R164-09, 5-5-2011)

      NAC 116A.425  Standards of practice. (NRS 116A.200, 116A.420)

     1.  A reserve study specialist who prepares a

reserve study shall:

     (a) Comply with the applicable provisions of chapter 116, 116A or 116B of NRS or any regulations adopted

pursuant thereto;

     (b) Comply with the relevant lawful provisions of

the governing documents of each client;

     (c) Agree to perform only those reserve studies

which the person can reasonably expect to perform with professional competence;

     (d) Exercise due care and exhibit adequate planning

and supervision of conduct relating to the performance of a reserve study;

     (e) Disclose in writing to the client any actual,

potential or perceived conflict of interest if the client has dealings with

another person who:

          (1) Has a financial interest in the business

relationship between the reserve study specialist and the client; or

          (2) Is an employee of or otherwise affiliated

with the association;

     (f) Maintain an inventory of reserve study records

of each client for at least 6 years;

     (g) Keep informed of new developments in the field

of reserve studies through continuing education, including, without limitation,

new developments in the law, methods of funding and other topics necessary for

the proper preparation of reserve studies;

     (h) Ensure that the information used to prepare a

reserve study is complete based upon information provided by the client and

from data reasonably available from industry sources; and

     (i) Cooperate with the Division in any

investigation conducted pursuant to the provisions of chapter 116, 116A or 116B of NRS or any regulations adopted

pursuant thereto.

     2.  A reserve study specialist who prepares a

reserve study shall not:

     (a) Make inaccurate or misleading representations

or statements to a prospective client; or

     (b) Misrepresent facts for his or her own benefit.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.430  Required disclosures. (NRS 116A.200, 116A.420)  Before

entering into a contract to perform a reserve study, a reserve study specialist

shall disclose in writing to the prospective client any material and relevant

information that the reserve study specialist knows or should know relates to

the performance of the contract for the reserve study, including, without

limitation, any matters which may affect his or her ability to comply with the

provisions of chapter 116, 116A or 116B of NRS or any regulations adopted

pursuant thereto. Such disclosure must include, without limitation:

     1.  Whether the reserve study specialist

expects to receive any direct or indirect compensation or profits from any

person who will perform services for the client and, if so, the identity of the

person;

     2.  His or her affiliation with or financial

interest in any person who furnishes any goods or services to the association

for which the reserve study specialist will prepare the reserve study; and

     3.  His or her personal relationship with any

unit’s owner, member of the executive board or officer of the association for

which the reserve study specialist will prepare the reserve study.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008)

      NAC 116A.435  Grounds for disciplinary action; criteria for determining

unprofessional conduct and professional incompetence. (NRS 116A.200, 116A.420, 116A.430)

     1.  A reserve study specialist is subject to

disciplinary action if the reserve study specialist:

     (a) Commits any of the following:

          (1) Unprofessional conduct;

          (2) Professional incompetence;

          (3) Negligence or gross negligence; or

          (4) A felony or any offense involving moral

turpitude; or

     (b) Has ever had a permit, license or designation

from a nationally recognized professional organization that authorizes him or

her to act as a reserve study specialist in another jurisdiction revoked or

suspended.

     2.  A reserve study specialist commits an act

of unprofessional conduct if the reserve study specialist:

     (a) Violates the provisions of:

          (1) An order of the Commission;

          (2) An agreement with the Division; or

          (3) Chapter

116, 116A or 116B of NRS or any regulation adopted

pursuant thereto;

     (b) Engages in deceitful, fraudulent or dishonest

conduct, including, without limitation, knowingly communicating false,

misleading or fraudulent information to a client;

     (c) Submits a registration which contains a false

statement of material fact;

     (d) Fails to cooperate with the Division in the

investigation of a complaint, including, without limitation, failure to produce

any document, book or record in the possession or control of the reserve study

specialist after the Division requests the production of such document, book or

record in the course of investigating a complaint;

     (e) Fails to perform impartially and consistently

an activity that is lawful and properly authorized on behalf of a client or

fails to perform a duty or obligation owed to a client because of the age,

race, color, religion, national origin, disability, marital status, familial

status, sex or ethnicity of any person, including, without limitation, a member

of the executive board, an officer of the association, a unit’s owner, a tenant

of the common-interest community or a visitor of the common-interest community;

or

     (f) Exceeds the authority granted to him or her by

the client.

     3.  A reserve study specialist commits an act

of professional incompetence if, without limitation, the reserve study

specialist:

     (a) Demonstrates a significant lack of ability,

knowledge or fitness to perform a duty or obligation owed to a client; or

     (b) Fails to exercise reasonable skill and care

with respect to a duty or obligation owed to a client.

     4.  In determining whether a reserve study

specialist has committed unprofessional conduct or professional incompetence,

the Commission and the Administrator may consider, without limitation, whether

the reserve study specialist has:

     (a) Done his or her utmost to protect the public

against misrepresentation or unethical practices relating to the business

affairs of the client;

     (b) Made reasonable efforts to acquire knowledge of

all pertinent facts concerning a client, including, without limitation, all

material facts regarding the reserve study that are reasonably ascertainable

and are of customary or express concern to the client, and conveyed that

knowledge to the client;

     (c) Provided or attempted to provide to a client

services for which the reserve study specialist does not have the appropriate

knowledge or experience;

     (d) Complied with the disclosure requirements of NAC 116A.430;

     (e) Complied with the client’s applicable governing

documents, policies and procedures as they relate to a reserve study;

     (f) Kept informed of current statutes and

regulations relating to common-interest communities;

     (g) Acted in the best interest of the client;

     (h) Ensured that each agreement for services of the

reserve study specialist was in writing; and

     (i) Obtained all changes of contractual terms in

writing and ensured that such changes are signed or initialed by the parties

concerned.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008; A by R164-09, 5-5-2011)

      NAC 116A.440  Conduct of proceedings to hear complaints. (NRS 116A.200, 116A.430)  Any

proceeding to hear a complaint filed against a reserve study specialist will be

conducted in the same manner as set forth in NRS 116.770.

     (Added to NAC by Comm’n for Common-Interest Communities

& Condo. Hotels by R145-06, eff. 4-17-2008)

ADMINISTRATION AND ENFORCEMENT

General Provisions

      NAC 116A.510  Public inspection of records maintained by Division. (NRS 116A.200)  Records

kept in the office of the Division under authority of this chapter are open to

public inspection in the same manner as records are available for inspection

pursuant to chapters 645 of NRS and

NAC, except that the Division may refuse to make public, unless ordered to do

so by a court:

     1.  Examinations;

     2.  Files compiled by the Division while

investigating possible violations of this chapter or chapter 116 of NRS;

     3.  The criminal and financial records of

community managers and of applicants for a certificate or temporary

certificate;

     4.  Social security numbers;

     5.  The home addresses and telephone numbers

of community managers, unless such information is used for business purposes by

a community manager; and

     6.  The home addresses and telephone numbers

of members of the executive boards.

     (Added to NAC by Real Estate Comm’n by R136-99, eff. 4-3-2000;

A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n

for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted

in revision for NAC 116.390)

      NAC 116A.515  Fees of Division. (NRS 116.615, 116.665, 116A.200, 116A.410)  The

Division shall charge and collect the following fees:

 

For application for,

and issuance of, a certificate ........................................................... $200

For application for,

and issuance of, a temporary certificate ............................................ 100

For examination of an

applicant for a certificate ............................................................ $100

For biennial renewal

of a certificate .................................................................................. 200

For late renewal of a

certificate ........................................................................................... 50

For reinstatement of

an inactive certificate ......................................................................... 20

For issuance of a

duplicate certificate or temporary certificate .......................................... 20

For change of name or

address on a certificate or temporary certificate ............................ 20

For change of status

as a community manager, provisional community manager or supervising community

manager on a certificate............................................................................... 20

For change of

association with a supervising community manager .................................... 20

For approval of

courses to meet the requirements for original certification ...................... 100

For approval of a

course for continuing education ........................................................... 100

For renewal of an

approval of a course for continuing education ....................................... 50

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.505)

      NAC 116A.520  Check or draft returned to Division for lack of payment. (NRS 116.615, 116A.200, 116A.400, 116A.420)

     1.  If a person submits a check or draft to

the Division to obtain a certificate, temporary certificate, approval,

accreditation or other type of authorization to engage in an activity for which

authorization is required pursuant to this chapter, chapter 116 of NAC or chapter 116 or 116A of NRS, and the check or draft is

returned to the Division because the person had insufficient money or credit

with the drawee to pay the check or draft or because the person stopped payment

on the check or draft:

     (a) The certificate, temporary certificate,

approval, accreditation or other type of authorization obtained by the person

from the Division is involuntarily inactivated; or

     (b) If the person has not obtained the certificate,

temporary certificate, approval, accreditation or other type of authorization

from the Division, the Division may refuse to issue or reinstate the

authorization.

     2.  In accordance with NRS 353C.115 and NAC 353C.400, the Division shall charge

a person, for each check or draft returned to the Division because the person

had insufficient money or credit with the drawee to pay the check or draft or

because the person stopped payment on the check or draft, a fee of $25 or such

other amount as may subsequently be required by NRS 353C.115 and NAC 353C.400.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.510)

      NAC 116A.525  Fee for background investigation.

(NRS 116A.200, 116A.410)  The fee

for conducting a background investigation must not exceed the administrative

costs charged to the Division. All payments for such investigations must be in

the form of a cashier’s check or money order made payable to the agency

conducting the investigation.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.515)

Administrative Proceedings

      NAC 116A.550  Investigation and audit of financial accounts of association;

remedial and disciplinary action. (NRS 116.615, 116A.200)

     1.  The Division may investigate and audit

all financial accounts related to an association if the Division has reasonable

cause to believe that the accounts or records of the association have not been

properly maintained and the Division:

     (a) Has reasonable cause to believe or has received

a credible complaint that the association is insolvent or is in any financial

condition or has engaged in any financial practice which creates a substantial

risk of insolvency; or

     (b) Determines that the investigation and audit are

reasonably necessary to assist the Division in administering or enforcing any

other provision of this chapter, chapter

116 of NRS or any other statute that the Division is charged with

administering or enforcing.

     2.  The Commission may, after notice and

hearing, take action pursuant to NRS

116.785 if the Division finds that a person has committed a violation of

this chapter or chapter 116 of NRS.

     3.  As used in this section, “insolvent” or

“insolvency” means a condition in which an association is unable to meet its,

or a community manager is unable to meet his or her, liabilities as those

liabilities become due in the regular course of the association’s or community

manager’s business and which creates a substantial risk of harm to the

association.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)

      NAC 116A.555  Hearing panels: Powers; qualifications of independent hearing officers. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  A hearing panel appointed by the

Commission has the power of the Commission to conduct hearings and other

proceedings, determine violations, impose fines and penalties and take other

disciplinary action authorized by the provisions of this chapter or chapter 116 of NRS.

     2.  An independent hearing officer appointed

to a hearing panel must be a licensed member, in good standing, of the State

Bar of Nevada.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.560  Informality of proceedings; rules of evidence. (NRS 116.615, 116A.200, 116A.300)

     1.  In conducting any investigation, inquiry

or hearing, the Commission and its members, each hearing panel and its members,

and the employees of the Division are not bound by the technical rules of

evidence, and any informality in a proceeding or in the manner of taking

testimony does not invalidate any order, decision, rule or regulation made,

approved or confirmed by the Commission or a hearing panel. The rules of

evidence of courts of this State will be followed generally but may be relaxed

at the discretion of the Commission or a hearing panel if deviation from the

technical rules of evidence will aid in determining the facts.

     2.  Any evidence offered at a hearing must be

material and relevant to the issues of the hearing.

     3.  The Commission or a hearing panel may

exclude inadmissible, incompetent, repetitious or irrelevant evidence or order

that presentation of that evidence be discontinued.

     4.  A party who objects to the introduction

of evidence shall briefly state the grounds of the objection at the time the

evidence is offered. The party who offers the evidence may present a rebuttal

argument to the objection.

     5.  If an objection is made to the

admissibility of evidence, the Commission or a hearing panel may:

     (a) Note the objection and admit the evidence;

     (b) Sustain the objection and refuse to admit the

evidence; or

     (c) Receive the evidence subject to a subsequent

ruling by the Commission or a hearing panel.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)

      NAC 116A.565  Prehearing conferences. (NRS 116.615, 116A.200, 116A.300)

     1.  The Commission or a hearing panel may,

upon its own motion or a motion made by a party of record, hold a prehearing

conference to accomplish one or more of the following purposes:

     (a) Formulate or simplify the issues involved in

the hearing.

     (b) Obtain admissions of fact or any stipulation of

the parties.

 

     (c) Arrange for the exchange of proposed exhibits

or prepared expert testimony.

     (d) Identify the witnesses and the subject matter

of their expected testimony and limit the number of witnesses, if necessary.

     (e) Rule on any pending prehearing motions or

matters.

     (f) Establish a schedule for the completion of

discovery.

     (g) Establish any other procedure that may expedite

the orderly conduct and disposition of the proceedings or settlements thereof.

     2.  Notice of any prehearing conference must

be provided to all parties of record. Unless otherwise ordered for good cause

shown, the failure of a party of record to attend a prehearing conference

constitutes a waiver of any objection to the agreements reached or rulings made

at the conference.

     3.  The action taken and the agreements made

at a prehearing conference:

     (a) Must be made a part of the record.

     (b) Control the course of subsequent proceedings

unless modified at the hearing by the Commission or hearing panel.

     (c) Are binding upon all parties of record and

persons who subsequently become parties of record.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.570  Motions. (NRS 116.615, 116A.200, 116A.300)

     1.  All motions, unless made during a

hearing, must be in writing.

     2.  A written motion must be served on the

opposing party and the Commission or a hearing panel at least 10 working days

before the time set for the hearing on the motion.

     3.  An opposing party may file a written

response to a motion within 7 working days after the receipt of the motion by

serving the written response on all parties and the Commission or a hearing

panel, except that a written response may be filed less than 3 working days

before the time set for the hearing on the motion only with the permission of

the Commission or a hearing panel upon good cause shown.

     4.  The Commission or a hearing panel may

require oral argument or the submission of additional information or evidence

to decide the motion.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)

      NAC 116A.575  Amendment and withdrawal of complaints; continuances. (NRS 116.615, 116A.200, 116A.300)

     1.  A complaint may be amended at any time.

     2.  The Commission or a hearing panel may

grant a continuance if the amendment materially alters the complaint or a

respondent demonstrates an inability to prepare for the case in a timely

manner.

     3.  A complaint may be withdrawn at any time

before the hearing begins.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)

      NAC 116A.580  Complaint or disciplinary hearing concerning provisional

community manager. (NRS 116.615, 116A.200, 116A.300)

     1.  The Division shall provide a copy of any

complaint filed against, or a disciplinary hearing or other proceeding

commenced against, a provisional community manager to the supervising community

manager with whom the provisional community manager is associated.

     2.  The supervising community manager with

whom the provisional community manager is associated shall attend any

disciplinary hearing before the Commission or a hearing panel concerning that

provisional community manager.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)

 

 

      NAC 116A.585  Responsibilities of respondent. (NRS 116.615, 116A.200, 116A.300)

     1.  Not less than 5 working days before a

hearing before the Commission or a hearing panel, the respondent must provide

to the Division:

     (a) A copy of all documents that are reasonably

available to the respondent which the respondent reasonably anticipates will be

used in support of his or her position; and

     (b) A list of witnesses whom the respondent intends

to call at the time of the hearing, which must include for each witness:

          (1) The name of the witness;

          (2) The company for whom the witness works and

the title of the witness; and

          (3) A brief summary of the expected testimony

of the witness.

     2.  The respondent shall promptly supplement

and update any documents and lists provided to the Division pursuant to this

section.

     3.  The respondent shall provide, at the time

of the hearing, 10 copies of each document he or she wishes to have admitted

into evidence at the hearing.

     4.  If the respondent fails to provide any

document required to be provided by the provisions of this section, the

Commission or a hearing panel may exclude the document.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)

      NAC 116A.590  Failure of party to appear. (NRS 116.615, 116A.200, 116A.300)  If a

party fails to appear at a hearing scheduled by the Commission or a hearing

panel and a continuance has not been requested or granted, upon an offer of

proof by the other party that the absent party was given proper notice and upon

a determination by the Commission or a hearing panel that proper notice was

given, the Commission or a hearing panel may proceed to consider the case

without the participation of the absent party and may dispose of the matter on

the basis of the evidence before it. If a party fails to appear at the hearing

or fails to reply to the notice, the charges specified in the complaint may be

considered as true.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)

      NAC 116A.595  Procedure for hearings; date of decision. (NRS 116.615, 116A.200, 116A.300)

     1.  The presiding officer of a hearing shall:

     (a) Ascertain whether all persons commanded to

appear under subpoena are present and whether all documents, books, records and

other evidence under subpoena are present in the hearing room.

     (b) Administer the oath to the reporter as follows:

 

     Do you solemnly swear or affirm

that you will report this hearing to the best of your stenographic ability?

 

     (c) Administer the oath to all persons whose

testimony will be taken:

 

     Do you and each of you solemnly

swear or affirm to tell the truth and nothing but the truth in these

proceedings?

 

     (d) Ascertain whether either party wishes to have a

witness excluded from the hearing except during the testimony of the witness. A

witness may be excluded upon the motion of the Commission or a hearing panel or

upon the motion of either party. If a witness is excluded, he or she will be

instructed not to discuss the case during the pendency of the proceeding. The

respondent will be allowed to remain present at the hearing. The Division may

designate a person who is a member of the staff of the Division and who may

also be a witness to act as its representative. Such a representative will be

allowed to remain present at the hearing.

     (e) Ascertain whether a copy of the complaint or

decision to deny has been filed and whether an answer has been filed as part of

the record in the proceedings.

     (f) Hear any preliminary motions, stipulations or

orders upon which the parties agree and address any administrative details.

     (g) Request the Division to proceed with the presentation

of its case.

     2.  The Division may not submit any evidence

to the Commission or a hearing panel before the hearing except for the

complaint and answer.

     3.  The respondent may cross-examine

witnesses in the order that the Division presents them.

     4.  Witnesses or counsel may be questioned by

the members of the Commission or a hearing panel at any time during the

proceeding.

     5.  Evidence which is to be introduced:

     (a) Must first be marked for identification; and

     (b) May be received by the Commission or a hearing

panel at any point during the proceeding.

     6.  When the Division has completed its

presentation, the presiding officer shall request the respondent to proceed

with the introduction of evidence and calling of witnesses on his or her behalf.

     7.  The Division may cross-examine witnesses

in the order that the respondent presents them.

     8.  When the respondent has completed his or

her presentation, the Division may call any rebuttal witnesses.

     9.  When all testimony for the Division and

respondent has been given and all evidence submitted, the presiding officer may

request the Division and the respondent to summarize their presentations.

     10.  The Commission or a hearing panel may

waive any provision of this section if necessary to expedite or ensure the

fairness of the hearing.

     11.  The date of decision is the date the

written decision is signed by a commissioner or a member of a hearing panel or

filed with the Commission, whichever occurs later.

     12.  In the absence of the Chair of the Commission,

any matter which must be acted upon may be submitted to the Vice Chair or, if

the Vice Chair is unavailable, to the Secretary.

     13.  Upon the presentation of evidence that

the respondent received notice of the hearing and has not filed an answer within

the time prescribed pursuant to NRS

116.770, his or her default may be entered and a decision may be issued

based upon the allegations of the complaint.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005)

      NAC 116A.600  Recess of hearing for conference.

(NRS 116.615, 116A.200, 116A.300)  In any

hearing, the Commission or hearing panel may recess the hearing for a

conference in order to discuss matters relating to the testimony about to be

given by a witness or for any other purpose that may expedite the orderly

conduct and disposition of the proceedings or settlements thereof. The

Commission or hearing panel will state on the record the results of such a

conference.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.605  Preparation and dissemination of final decision after hearing. (NRS 116.615, 116A.200, 116A.300)  After a

hearing, the Commission or hearing panel will, within 30 days:

     1.  Prepare findings of fact, conclusions of

law and a final decision on the issues presented at the hearing; and

     2.  Provide a copy of the findings of fact,

conclusions of law and final decision to the Division, which will then serve

the parties of record and the Commission.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

 

      NAC 116A.610  Voluntary surrender of certificate or temporary certificate in

lieu of disciplinary action. (NRS 116.615, 116A.200, 116A.300, 116A.400)  The

Commission or a hearing panel may accept the voluntary surrender of a

certificate or temporary certificate in lieu of imposing any other disciplinary

action set forth in this chapter, chapter 116

of NAC or chapter 116 or 116A of NRS.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.590)

      NAC 116A.615  Reporting of disciplinary action or denial of certificate or

temporary certificate. (NRS 116.615, 116A.200, 116A.300, 116A.400)  The

Division, Commission or a hearing panel may report any disciplinary action it

takes against a holder of a certificate or temporary certificate or any denial

of an application for a certificate or temporary certificate to:

     1.  An association managed by the holder of a

certificate or temporary certificate;

     2.  Any national repository which records

disciplinary actions taken against community managers;

     3.  Any agency of another jurisdiction that

regulates the practice of management of a common-interest community; and

     4.  Any other agency or board of the State of

Nevada.

     (Added to NAC by Comm’n for Common-Interest Communities

by R129-04, eff. 4-14-2005; A by Comm’n for Common-Interest Communities &

Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.595)

      NAC 116A.620  Appeal of final order of hearing panel; filing of briefs. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  Pursuant to NRS 116.675, a final order of a

hearing panel may be appealed and a review hearing held by the Commission. If a

final order of a hearing panel is appealed, the order is stayed until the

Commission issues its ruling, order or decision after the review hearing.

     2.  A written notice of appeal filed pursuant

to NRS 116.675 must be

accompanied by an appellant’s brief which must describe the basis for the

appeal, cite any supporting authorities and designate any part of the record

which was before the hearing panel and is relevant to the appeal.

     3.  A respondent may file a respondent’s brief

within 20 days after service of the appellant’s brief.

     4.  An appellant may then file a reply brief

within 12 days after service of a respondent’s brief. The reply brief may only

respond to issues raised in a respondent’s brief. Any issues raised for the

first time which are contained in the reply brief will not be considered by the

Commission.

     5.  The Division may file an amicus brief

which describes the Division’s position on any issue raised by a final order of

a hearing panel. The Division’s brief must be filed within 20 days after the

filing of the appellant’s brief.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.625  Review hearings: Setting; notice.

(NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  After the date for the filing of a reply

brief has passed, the Commission will set the matter for a review hearing to be

conducted as soon as practicable.

     2.  The review hearing must be held at such

time and place as the Commission prescribes. At least 15 days before the date

set for the review hearing, the Commission will notify in writing each party of

record of the date. Written notice of the review hearing may be served by

delivery personally to each party or by mailing the notice by certified mail to

the last known address of each party.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.630  Review hearings: Oral argument. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  The Commission may, in the written notice

described in NAC 116A.625, provide for oral

argument at the review hearing. The written notice must state whether the oral

argument is limited to a particular issue or inquiry.

     2.  Unless extended by the Commission, an

oral argument will be limited to 10 minutes.

     3.  The Commission may allow the Division to

participate as an amicus party at oral argument.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.635  Review hearings: Issuance of written decision. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  The Commission will render a written

decision on any appeal within 30 days after the review hearing and will notify

the parties to the proceedings, in writing, of its ruling, order or decision

within 15 days after it is made.

     2.  The Commission may affirm, reverse or

modify a decision of the hearing panel.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.640  Review of final order of hearing panel not appealed by party. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  If a final order of a hearing panel is

not appealed to the Commission by a party and if:

     (a) The Chair determines that the Commission should

review the final order; or

     (b) A member of the Commission makes a written or

oral request to the Chair that the Commission review the final order,

Ê the Chair of

the Commission shall, not later than 7 days after the date that a final order

may be appealed by a party pursuant to NRS 116.675, direct the Division to

provide written notice to all parties that the Commission will review the final

order at the next meeting of the Commission.

     2.  Any final order by a hearing panel which

is under review by the Commission pursuant to this section is stayed until the

Commission issues its ruling, order or decision.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.645  Payment of costs for transcript of hearing. (NRS 116.615, 116.675, 116A.200, 116A.300)

     1.  Except as otherwise provided in this

section, a party which seeks a transcript of its hearing must pay the

reasonable costs of transcription.  

     2.  If the Commission determines that a

transcript is reasonably necessary for a party for a review hearing, the Commission

will pay the costs of transcription.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.650  Request for hearing prohibited after initiation of civil action

or submission for mediation or arbitration. (NRS 116.615, 116A.200, 116A.300)  A party

may not request a hearing before the Commission or a hearing panel if a civil

action based upon the same claim has already been initiated in any court in

this State or has already been submitted to mediation or arbitration pursuant

to the provisions of NRS 38.300

to 38.360, inclusive.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

      NAC 116A.655  Request for hearing prohibited for improper purpose. (NRS 116.615, 116.675, 116A.200, 116A.300)  A party

shall not request a review hearing for any improper purpose, such as to harass

or to cause unnecessary delay or needless increase in the cost of litigation.

     (Added to NAC by Comm’n for Common-Interest Communities

by R142-06, eff. 12-7-2006)

 
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