Nrs: Chapter 696A - Motor Clubs

Link to law: https://www.leg.state.nv.us/NRS/NRS-696A.html
Published: 2015

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[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.

_________

_________

      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)