[Rev. 11/21/2013 1:20:19
PM--2013]
CHAPTER 696A - MOTOR CLUBS
NRS 696A.010 Short
title.
NRS 696A.020 Definitions.
NRS 696A.030 Acts
constituting service.
NRS 696A.040 “Club
agent” defined.
NRS 696A.050 “Motor
club” defined.
NRS 696A.060 “Person”
defined.
NRS 696A.070 “Service
contract” defined.
NRS 696A.080 Deposit
and maintenance of security: Form; amount.
NRS 696A.090 Purpose
and conditions of security.
NRS 696A.100 Persons
authorized to sue on bond.
NRS 696A.110 Deposit
in lieu of bond: Conditions; execution on judgments against club.
NRS 696A.120 Name
of club: Submission to Commissioner; rejection of similar name.
NRS 696A.130 Necessity
for certificate.
NRS 696A.140 Certificate
of authority: Application; fees; bond.
NRS 696A.150 Certificate
of authority: Expiration; fees.
NRS 696A.160 Certificate
of authority: Revocation or suspension; notice to public.
NRS 696A.170 Examination.
NRS 696A.180 Commissioner
to be appointed attorney upon whom process may be served; duties of
Commissioner.
NRS 696A.185 Annual
filing requirements; fees and assessments; administrative penalty.
NRS 696A.190 Information
for members; service contract.
NRS 696A.200 Approval
of forms.
NRS 696A.210 Required
provisions.
NRS 696A.220 Solicitation
for club without certificate of authority.
NRS 696A.230 Misrepresentation.
NRS 696A.240 Contract
contrary to provisions of law valid.
NRS 696A.250 Necessity
for agent’s license.
NRS 696A.260 Application
for license: Contents. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 696A.260 Application
for license: Contents. [Effective on the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 696A.270 Conditions
for issuance and renewal of license.
NRS 696A.280 Qualifications
for license.
NRS 696A.290 Form
and contents of license.
NRS 696A.300 Term
of license; renewal; fees. [Effective until the date of the repeal of 42 U.S.C.
§ 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 696A.300 Term
of license; renewal; fees. [Effective on the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 696A.303 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of Commissioner. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 696A.307 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 696A.310 Suspension
or revocation of or refusal to renew license of club agent.
NRS 696A.320 Revocation,
suspension or refusal of licenses of firms, partnerships or corporations.
NRS 696A.330 Surrender
of certificate after revocation or suspension of license.
NRS 696A.340 Exemptions.
NRS 696A.350 Penalties.
NRS 696A.360 Applicability
of other provisions.
_________
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NRS 696A.010 Short title. This
chapter constitutes and may be cited as the Motor Club Law.
(Added to NRS by 1971, 1875)
NRS 696A.020 Definitions. Except
where the context otherwise requires, the terms used in this chapter shall be
given the meanings set forth in NRS 696A.030 to 696A.070, inclusive, but such meaning shall not,
merely by reason of the enactment of NRS 696A.030
to 696A.070, inclusive, govern the interpretation
of any other provision of this Code.
(Added to NRS by 1971, 1876)
NRS 696A.030 Acts constituting service. Any
act by a motor club for the purpose of rendering a service defined in this
chapter constitutes such service, whether or not the service as defined is
completed.
(Added to NRS by 1971, 1876)
NRS 696A.040 “Club agent” defined. “Club
agent” means a person other than the motor club itself who acts or aids in any
manner in the solicitation, delivery or negotiation of any service contract, or
of the renewal or continuance thereof.
(Added to NRS by 1971, 1876)
NRS 696A.050 “Motor club” defined. “Motor
club” means any person who in consideration of dues, assessments or periodic
payments of money, promises its members or subscribers to assist them in
matters relating to travel and the operation, use and maintenance of a motor
vehicle in the supply of features or services or reimbursement thereof, which
may include:
1. Such services as community traffic
safety services, travel and touring service, theft or reward service, map
service, towing service, buying and selling service, discount service,
emergency road service, bail bond service and legal fee reimbursement service
in the defense of traffic offenses, none of which enumerated services, if
provided by motor club itself, shall be subject to the insurance laws of this
state.
2. The purchase of accidental injury and
death benefits insurance coverage, as provided by applicable statutes, by an
insurer authorized to do business in this state.
3. Other features or services not deemed
by the Commissioner to constitute the business of insurance.
(Added to NRS by 1971, 1876)
NRS 696A.060 “Person” defined. “Person”
is limited to any person who conducts a motor club business in this state.
(Added to NRS by 1971, 1876; A 1985, 539)
NRS 696A.070 “Service contract” defined. “Service
contract” means a written contract whereby any person promises for a
consideration to render, furnish or procure motor club service for any other
person.
(Added to NRS by 1971, 1876)
NRS 696A.080 Deposit and maintenance of security: Form; amount.
1. A person shall not render or agree to
render motor club service without first depositing and thereafter continuously
maintaining security in one of the following forms with the Commissioner:
(a) The sum of $100,000 in cash.
(b) Securities approved by the Commissioner,
having a market value of $100,000 and being of a type approved by the
Commissioner and legal for investment by admitted insurers issuing
nonassessable policies on a reserve basis.
(c) A surety bond in the principal sum of
$100,000 with an admitted surety insurer as surety.
2. In lieu of the deposit required by
subsection 1, a foreign or alien motor club may deposit evidence satisfactory
to the Commissioner that it has on deposit with an officer of a state of the
United States of America, authorized by the law of such state to accept such
deposit:
(a) Securities which meet the requirements of
paragraph (b) of subsection 1 of at least a like amount for the benefit and
security of all members and creditors of such motor club; or
(b) A surety bond, in the principal sum of
$100,000, which meets the requirements of NRS 696A.090,
issued by a bonding company authorized to do business in the State of Nevada
and in the state where the bond is posted.
(Added to NRS by 1971, 1877)
NRS 696A.090 Purpose and conditions of security. Such
security shall:
1. Be for the protection, use and benefit
of all persons whose applications for membership in a motor club have been
accepted by such club or its representative.
2. Be subject to the following conditions
and, if a bond, shall be so expressly conditioned:
(a) The club will faithfully furnish and render
to such persons any and all of the motor club services sold or offered for sale
by it.
(b) The club will pay any fines, fees or
penalties imposed upon it under or pursuant to this chapter.
(Added to NRS by 1971, 1877)
NRS 696A.100 Persons authorized to sue on bond. If
such bond or evidence that such bond is filed in another state is filed, any
person defrauded or injured by any wrongful act, misrepresentation or failure
on the part of a motor club with respect to the selling or rendering of any of
its services may bring suit on such bond in the person’s own name; but the
aggregate liability of the surety for all such suits shall, in no event, exceed
the sum of such bond.
(Added to NRS by 1971, 1877)
NRS 696A.110 Deposit in lieu of bond: Conditions; execution on judgments
against club. A deposit of cash or
securities, in lieu of such bond, shall be subject to the conditions applying
to the bond and is also subject to execution on judgments against the club.
(Added to NRS by 1971, 1878)
NRS 696A.120 Name of club: Submission to Commissioner; rejection of similar
name. The name of a motor club
shall be submitted to the Commissioner for approval pursuant to NRS 696A.140, before the commencement of business
under the provisions of this chapter. The Commissioner may reject any name so
submitted when the proposed name would interfere with the transactions of a
motor club already doing business in this state or is so similar to one already
appropriated as to confuse or is likely to mislead the public in any respect.
In such case a name not liable to such objections shall be chosen.
(Added to NRS by 1971, 1878)
NRS 696A.130 Necessity for certificate. A
person shall not render or agree to render motor club service in this state
without first procuring from the Commissioner a certificate of authority so to
act.
(Added to NRS by 1971, 1878)
NRS 696A.140 Certificate of authority: Application; fees; bond. The Commissioner shall not issue a certificate
of authority to any motor club until:
1. It files with the Commissioner the
following:
(a) A formal application for the certificate in
such form and detail as the Commissioner requires, executed under oath by its
president or other principal officer.
(b) A certified copy of its charter or articles
of incorporation and its bylaws.
2. It pays to the Commissioner the
following:
(a) A fee of $500 for the filing of an
application for the certificate;
(b) A fee of $283 for the issuance of the
certificate; and
(c) In addition to any other fee or charge, all
applicable fees required pursuant to NRS
680C.110.
3. It deposits the required cash,
securities, bond or evidence of such a deposit in another state as provided in NRS 696A.080 with the Commissioner.
4. Its name is approved by the
Commissioner pursuant to NRS 696A.120.
(Added to NRS by 1971, 1878; A 1987, 471; 1991, 2206; 2009, 1822)
NRS 696A.150 Certificate of authority: Expiration; fees. Every certificate of authority issued to a
motor club expires annually on March 1 unless it is revoked or suspended. The
certificate may be renewed by paying to the Commissioner an annual fee for
renewal of $500 before the expiration of the certificate and, in addition to
any other fee or charge, all applicable fees required pursuant to NRS 680C.110.
(Added to NRS by 1971, 1878; A 1987, 472; 1991, 1635; 1993, 614; 2009, 1822)
NRS 696A.160 Certificate of authority: Revocation or suspension; notice to
public.
1. The Commissioner shall revoke or
suspend the certificate of authority of a motor club whenever, after a hearing,
the Commissioner finds in accordance with the procedure provided in NRS 679B.310 to 679B.370, inclusive, that any of the
following circumstances exist:
(a) The club has violated any provision of this
chapter.
(b) It is insolvent.
(c) Its assets are less than its liabilities.
(d) It or its officers refuse to submit to an
examination.
(e) It is transacting business fraudulently.
2. The Commissioner shall give notice of
such revocation or suspension to the public in such manner as the Commissioner
deems proper.
(Added to NRS by 1971, 1879)
NRS 696A.170 Examination.
1. Every motor club shall be subject to
examination by the Commissioner in the manner and under the conditions provided
for examination of insurers contained in NRS
679B.230 to 679B.290, inclusive.
2. The expense of such examination shall
be paid by the motor club.
(Added to NRS by 1971, 1879)
NRS 696A.180 Commissioner to be appointed attorney upon whom process may be
served; duties of Commissioner.
1. Every motor club desiring to transact
business in this state shall file with the Commissioner a duly executed
instrument whereby the motor club shall appoint and constitute the Commissioner
and his or her successor or successors in office the true and lawful attorney
of such motor club upon whom all lawful process in any action or legal
proceeding against it on a contract issued or cause of action arising in this
state may be served, and shall agree that any such lawful process against it
which may be served upon its attorney as provided in this section shall be of
the same force and validity as if served upon the motor club and that the
authority thereof shall continue in force irrevocably so long as any liability
of the motor club in the State remains outstanding. The fee for filing such
power of attorney shall be $5.
2. Process authorized by such instrument
or by any similar instrument executed prior to January 1, 1972, shall be served
in the manner and under the conditions provided in NRS 680A.260.
(Added to NRS by 1971, 1879)
NRS 696A.185 Annual filing requirements; fees and assessments; administrative
penalty.
1. Every motor club shall file with the
Commissioner on or before March 1 of each year a report which summarizes its
activities for the preceding calendar year. The report must be verified by at
least two officers of the motor club.
2. The report must be on a form prescribed
by the Commissioner and must include:
(a) A financial statement for the motor club,
including its balance sheet and receipts and disbursements for the preceding
calendar year;
(b) Any material changes in the information given
in the previous report;
(c) The number of members enrolled in the year;
(d) The costs of all services provided for that
year; and
(e) Any other information relating to the motor
club requested by the Commissioner.
3. The motor club must pay to the
Commissioner all applicable fees.
4. Every motor club shall file with the
Commissioner on or before June 1 of each year a financial statement of the
motor club certified by an independent public accountant.
5. Any motor club failing, without just
cause beyond its reasonable control, to file timely the report or financial
statement or to pay timely the fees as required by this section shall pay an
administrative penalty of $100 per day until the report or statement is filed,
except that the total penalty must not exceed $3,000. The Attorney General
shall recover the penalty in the name of the State of Nevada.
6. A motor club is not exempt from the
provisions of NRS 679B.700.
(Added to NRS by 1987, 471; A 1991, 1635, 2207; 1993, 613; 2007, 3331; 2009, 1823)
NRS 696A.190 Information for members; service contract.
1. Every motor club shall furnish to its
members a service contract or a membership card and the following information:
(a) The exact name of the motor club;
(b) The exact location of the motor club’s home
office, and of its usual place of business in this state, giving street, number
and city; and
(c) A description of the services or benefits to
which the member is entitled.
2. A completed application for membership
and the description of services shall constitute the service contract.
(Added to NRS by 1971, 1879)
NRS 696A.200 Approval of forms.
1. No motor club shall issue for delivery
or deliver in this state any evidence of membership, or statement of services
and benefits, or service contract until the form thereof has been filed with
and approved in writing by the Commissioner. The Commissioner shall approve any
such form found by the Commissioner to be in compliance with law and free of
ambiguous, inequitable and misleading provisions.
2. Every motor club having met the
requirements of subsection 1 shall thereafter file with the Commissioner every
revision or modification of any document required in subsection 1. Such
revision or modification shall be effective when filed and shall be deemed to
meet the requirements of this chapter until disapproved by the Commissioner.
(Added to NRS by 1971, 1880)
NRS 696A.210 Required provisions. A
service contract as defined in NRS 696A.070 shall
not be executed, issued or delivered in this state unless it contains the
following:
1. The exact corporate or other name of
the club.
2. The exact location of its home office
and of its usual place of business in this state, giving street number and
city.
3. A provision that the contract may be
cancelled at any time by either the club or the holder, and that the holder
will, if the holder has actually paid the consideration, thereupon be entitled
to the unused portion of the consideration paid for such contract, calculated
on a pro rata basis over the period of the contract, without any deductions.
4. A provision plainly specifying:
(a) The services promised.
(b) That the holder will not be required to pay
any sum, in addition to the amount specified in the contract, for any services
thus specified.
(c) The territory wherein such services are to be
rendered.
(d) The date when such service will commence.
5. A statement in not less than 14-point
modern type at the head of the contract stating, “This is not an insurance
contract.”
(Added to NRS by 1971, 1880)
NRS 696A.220 Solicitation for club without certificate of authority. A person shall not solicit or aid in the
solicitation of another person to purchase a service contract issued by a club
not having a certificate of authority procured pursuant to this chapter.
(Added to NRS by 1971, 1880)
NRS 696A.230 Misrepresentation. A
club or an officer or agent thereof shall not in any manner misrepresent the
terms, benefits or privileges of any service contract issued or to be issued by
it.
(Added to NRS by 1971, 1881)
NRS 696A.240 Contract contrary to provisions of law valid. Any service contract made, issued or delivered
contrary to any provision of this chapter, shall nevertheless be valid and
binding on the club.
(Added to NRS by 1971, 1881)
NRS 696A.250 Necessity for agent’s license. No
person shall act as a club agent in this state without first procuring a
license so to act from the Commissioner.
(Added to NRS by 1971, 1881)
NRS 696A.260 Application for license: Contents. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. An application for a license as a club
agent must be submitted to the Commissioner upon forms prescribed and furnished
by the Commissioner. If the applicant is a natural person, the application must
include the social security number of the applicant. As a part of, or in
connection with, any application, the applicant shall furnish information
concerning his or her identity, personal history, experience, business record
and other pertinent facts which the Commissioner may reasonably require.
2. If the applicant is a firm, partnership
or corporation, the application, in addition to the requirements of subsection
1, shall:
(a) Contain the names of all members and officers
of the firm, partnership or corporation; and
(b) Designate who is to exercise the powers to be
conferred by the license on the firm, partnership or corporation.
3. The Commissioner shall require each
natural person of a firm, partnership or corporation to furnish information to
the Commissioner as though applying for an individual license.
4. Any person willfully misrepresenting
any fact required to be disclosed in any application is subject to the
penalties provided in NRS 696A.350.
(Added to NRS by 1971, 1881; A 1997, 2206; 1999, 520, 545)
NRS 696A.260 Application for license:
Contents. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. An application for a license as a club
agent must be submitted to the Commissioner upon forms prescribed and furnished
by the Commissioner. As a part of, or in connection with, any application, the
applicant shall furnish information concerning his or her identity, personal
history, experience, business record and other pertinent facts which the
Commissioner may reasonably require.
2. If the applicant is a firm, partnership
or corporation, the application, in addition to the requirements of subsection
1, shall:
(a) Contain the names of all members and officers
of the firm, partnership or corporation; and
(b) Designate who is to exercise the powers to be
conferred by the license on the firm, partnership or corporation.
3. The Commissioner shall require each
natural person of a firm, partnership or corporation to furnish information to
the Commissioner as though applying for an individual license.
4. Any person willfully misrepresenting
any fact required to be disclosed in any application is subject to the
penalties provided in NRS 696A.350.
(Added to NRS by 1971, 1881; A 1997, 2206; 1999, 520, 545, effective
on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support arrearages
and for noncompliance with certain processes relating to paternity or child
support proceedings)
NRS 696A.270 Conditions for issuance and renewal of license. For the protection of the people of this
state, the Commissioner shall not:
1. Issue or renew any club agent’s license
except in compliance with this chapter.
2. Issue or renew any club agent’s license
to, or to be exercised by, any person found by the Commissioner to be
untrustworthy or incompetent, or who has not established to the satisfaction of
the Commissioner that the person is qualified therefor in accordance with this
chapter.
(Added to NRS by 1971, 1881)
NRS 696A.280 Qualifications for license. The
Commissioner shall license as a club agent only an individual who has otherwise
complied with this chapter, and who has furnished evidence satisfactory to the
Commissioner that the individual:
1. Is at least 21 years of age.
2. Has been a bona fide resident of this
state or is a resident of a state which will permit residents of this state to
act as club agents in such other state.
3. Is a trustworthy person with a good
reputation.
(Added to NRS by 1971, 1882)
NRS 696A.290 Form and contents of license. The
Commissioner shall prescribe the form of the club agent’s license, but it shall
contain:
1. The name of the licensee and the
business address of the licensee.
2. The date of issuance and the date of
expiration.
3. The name of the represented motor club.
(Added to NRS by 1971, 1882)
NRS 696A.300 Term of license; renewal; fees. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. Each license for a club agent issued
under this chapter continues in force for 3 years unless it is suspended,
revoked or otherwise terminated. A license may be renewed upon submission of
the statement required pursuant to NRS 696A.303
and payment to the Commissioner of all applicable fees for renewal and a fee
established by the Commissioner of not more than $15 for deposit in the
insurance recovery account created by NRS
679B.305. The statement must be submitted and the fees must be paid on or
before the last day of the month in which the license is renewable.
2. Any license not so renewed expires at
midnight on the last day specified for its renewal. The Commissioner may accept
a request for renewal received by the Commissioner within 30 days after the
expiration of the license if the request is accompanied by the statement
required pursuant to NRS 696A.303, a fee for
renewal of 150 percent of all applicable fees otherwise required, except for
any fee required pursuant to NRS 680C.110,
and the fee established by the Commissioner of not more than $15 for deposit in
the insurance recovery account created by NRS
679B.305.
3. In addition to all applicable fees
required pursuant to NRS 680C.110 to
be deposited in the Fund for Insurance Administration and Enforcement created
by NRS 680C.100, the Commissioner
shall collect in advance and deposit with the State Treasurer for credit to the
State General Fund the following fees for licensure as a club agent:
(a) Application and license........................................................................................ $78
(b) Appointment by each motor club........................................................................... 5
(c) Triennial renewal of each license.......................................................................... 78
(Added to NRS by 1971, 1882; A 1987, 472; 1989, 527; 1995, 1103; 1997, 2206; 2005, 2159; 2009, 1823;
2011, 101)
NRS 696A.300 Term of license; renewal;
fees. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. Each license for a club agent issued
under this chapter continues in force for 3 years unless it is suspended,
revoked or otherwise terminated. A license may be renewed upon payment to the
Commissioner of all applicable fees for renewal and a fee established by the
Commissioner of not more than $15 for deposit in the insurance recovery account
created by NRS 679B.305. The fees
must be paid on or before the last day of the month in which the license is
renewable.
2. Any license not so renewed expires at
midnight on the last day specified for its renewal. The Commissioner may accept
a request for renewal received by the Commissioner within 30 days after the
expiration of the license if the request is accompanied by a fee for renewal of
150 percent of all applicable fees otherwise required, except for any fee
required pursuant to NRS 680C.110,
and the fee established by the Commissioner of not more than $15 for deposit in
the insurance recovery account created by NRS
679B.305.
3. In addition to all applicable fees
required pursuant to NRS 680C.110 to
be deposited in the Fund for Insurance Administration and Enforcement created
by NRS 680C.100, the Commissioner
shall collect in advance and deposit with the State Treasurer for credit to the
State General Fund the following fees for licensure as a club agent:
(a) Application and license........................................................................................ $78
(b) Appointment by each motor club........................................................................... 5
(c) Triennial renewal of each license.......................................................................... 78
(Added to NRS by 1971, 1882; A 1987, 472; 1989, 527; 1995, 1103; 1997, 2206; 2005, 2159; 2009, 1823;
2011, 101,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 696A.303 Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of Commissioner. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. A natural person who applies for the
issuance or renewal of a club agent’s license shall submit to the Commissioner
the statement prescribed by the Division of Welfare and Supportive Services of
the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Commissioner shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the
Commissioner.
3. A club agent’s license may not be
issued or renewed by the Commissioner if the applicant is a natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Commissioner shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2205)
NRS 696A.307 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Commissioner receives a copy of
a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who has
been issued a club agent’s license, the Commissioner shall deem the license to
be suspended at the end of the 30th day after the date on which the court order
was issued unless the Commissioner receives a letter issued to the holder of
the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Commissioner shall reinstate a club
agent’s license suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2206)
NRS 696A.310 Suspension or revocation of or refusal to renew license of club
agent. The Commissioner may
suspend, revoke or refuse to renew any club agent’s license issued under this
chapter for any cause specified in any other provision of this chapter, or for
any of the same applicable grounds and in the manner provided for a producer of
insurance in NRS 683A.451 and 683A.461.
(Added to NRS by 1971, 1882; A 2001, 2251)
NRS 696A.320 Revocation, suspension or refusal of licenses of firms,
partnerships or corporations. The
club agent’s license of any firm, partnership or corporation may be suspended,
revoked or refused for any cause which relates to any individual designated in
the license to exercise its powers.
(Added to NRS by 1971, 1882)
NRS 696A.330 Surrender of certificate after revocation or suspension of
license. The holder of any club
agent’s license which has been revoked or suspended shall immediately surrender
the license certificate to the Commissioner.
(Added to NRS by 1971, 1882)
NRS 696A.340 Exemptions. This
chapter does not apply to:
1. A duly authorized attorney at law
acting in the usual course of his or her profession.
2. Any authorized insurer.
3. Any motor carrier association providing
one or more of the services described in NRS 696A.050
to its members.
(Added to NRS by 1971, 1883)
NRS 696A.350 Penalties.
1. Any person violating the provisions of NRS 696A.080 to 696A.110,
inclusive, is guilty of a gross misdemeanor.
2. Any person violating any other
provisions of NRS 696A.010 to 696A.340, inclusive, other than NRS 696A.080 to 696A.110,
inclusive, is guilty of a misdemeanor.
(Added to NRS by 1971, 1883)
NRS 696A.360 Applicability of other provisions. Motor
clubs are also subject, in the same manner as insurers, to the following
provisions of this Code to the extent reasonably applicable:
1. Chapter
679A of NRS (scope and definitions);
2. Chapter
679B of NRS (Commissioner of Insurance);
3. NRS
683A.400 (fiduciary funds);
4. Chapter
685B of NRS (unauthorized insurers);
5. NRS
686A.010 to 686A.310, inclusive
(trade practices and frauds); and
6. Chapter
696B of NRS (delinquent insurers).
(Added to NRS by 1971, 1883)