[Rev. 2/11/2015 11:37:46
AM--2014R2]
CHAPTER 622A - ADMINISTRATIVE PROCEDURE
BEFORE CERTAIN REGULATORY BODIES
GENERAL PROVISIONS
NRS 622A.010 Definitions.
NRS 622A.020 “Contested
case” and “case” defined.
NRS 622A.030 “Employee”
defined.
NRS 622A.040 “License”
defined.
NRS 622A.050 “Licensee”
defined.
NRS 622A.060 “Member
of a regulatory body” defined.
NRS 622A.070 “Prosecutor”
defined.
NRS 622A.080 “Records”
defined.
NRS 622A.090 “Regulatory
body” defined.
SCOPE AND APPLICABILITY
NRS 622A.120 Exemption
of certain regulatory bodies.
NRS 622A.130 Uniformity
of application and construction; chapter supplements other statutory
provisions; resolution of conflicts.
IMMUNITY
NRS 622A.150 Immunity
from civil liability.
REGULATORY AUTHORITY
NRS 622A.170 Informal
dispositions; consent and settlement agreements; designation of hearing panels.
ADJUDICATION OF CONTESTED CASES
NRS 622A.300 Initiation
of prosecution; filing of charging document; designation of adjudicator; notice
of case; findings and recommendations; consolidation of cases.
NRS 622A.310 Appearance;
representation by attorney; standards of conduct; withdrawal from
representation; sanctions; costs of defense.
NRS 622A.320 Answer;
amendment of charging document; continuance; inclusion of pleadings in record.
NRS 622A.330 Discovery;
limitations on interrogatories and depositions.
NRS 622A.340 Limitations
on communications with adjudicator.
NRS 622A.350 Effect
of failure to appear.
NRS 622A.360 Motions.
NRS 622A.370 Burden
and standard of proof; rules of procedure and evidence; grounds for
disciplinary action; administrative penalties; transcription of hearing; costs.
NRS 622A.380 Order
of hearing.
NRS 622A.390 Posthearing
motions; rehearing and reconsideration; vacation and modification of final
decision.
NRS 622A.400 Judicial
review.
NRS 622A.410 Requirements
in cases involving revocation of license; procedure for reinstatement of
license.
_________
GENERAL PROVISIONS
NRS 622A.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 622A.020 to 622A.090, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2005, 743)
NRS 622A.020 “Contested case” and “case” defined.
1. “Contested case” and “case” have the
meaning ascribed to “contested case” in NRS
233B.032.
2. A final decision of a regulatory body
approving or denying an application for issuance or renewal of a license is not
a contested case for the purposes of this chapter.
(Added to NRS by 2005, 743)
NRS 622A.030 “Employee” defined. “Employee”
includes, without limitation, a person who has a contract to provide services
as an independent contractor.
(Added to NRS by 2005, 743)
NRS 622A.040 “License” defined. “License”
means any license, certificate, registration, permit or similar type of
authorization issued by a regulatory body.
(Added to NRS by 2005, 743)
NRS 622A.050 “Licensee” defined. “Licensee”
means a person who holds any license, certificate, registration, permit or similar
type of authorization issued by a regulatory body.
(Added to NRS by 2005, 743)
NRS 622A.060 “Member of a regulatory body” defined. “Member
of a regulatory body” means a person who is serving as a member or officer of a
regulatory body.
(Added to NRS by 2005, 743)
NRS 622A.070 “Prosecutor” defined. “Prosecutor”
means any of the following:
1. The Attorney General or a deputy
attorney general who prosecutes a contested case pursuant to this chapter;
2. If the Attorney General and the
deputies of the Attorney General are disqualified to act in such a matter, an
attorney appointed by the Attorney General to prosecute a contested case
pursuant to this chapter; or
3. If the regulatory body is authorized to
employ or retain attorneys other than the Attorney General and the deputies of
the Attorney General, an attorney employed or retained by the regulatory body
to prosecute a contested case pursuant to this chapter.
(Added to NRS by 2005, 743)
NRS 622A.080 “Records” defined. “Records”
means any records, files, books, documents, papers, information or data in any
form.
(Added to NRS by 2005, 743)
NRS 622A.090 “Regulatory body” defined.
1. “Regulatory body” means:
(a) Any state agency, board or commission which
has the authority to regulate an occupation or profession pursuant to this
title; and
(b) Any officer of a state agency, board or
commission which has the authority to regulate an occupation or profession
pursuant to this title.
2. The term does not include any
regulatory body which is exempted from the provisions of this chapter pursuant
to NRS 622A.120, unless the regulatory body makes
an election pursuant to that section to follow the provisions of this chapter.
(Added to NRS by 2005, 743)
SCOPE AND APPLICABILITY
NRS 622A.120 Exemption of certain regulatory bodies.
1. The following regulatory bodies are
exempted from the provisions of this chapter:
(a) State Contractors’ Board.
(b) State Board of Professional Engineers and
Land Surveyors.
(c) Nevada State Board of Accountancy.
(d) Board of Medical Examiners.
(e) Board of Dental Examiners of Nevada.
(f) State Board of Nursing.
(g) Chiropractic Physicians’ Board of Nevada.
(h) Nevada State Board of Optometry.
(i) State Board of Pharmacy.
(j) Board of Examiners for Marriage and Family
Therapists and Clinical Professional Counselors.
(k) Real Estate Commission, Real Estate
Administrator and Real Estate Division of the Department of Business and
Industry.
(l) Commission of Appraisers of Real Estate.
(m) Commissioner of Mortgage Lending and Division
of Mortgage Lending of the Department of Business and Industry.
(n) Commissioner of Financial Institutions and
Division of Financial Institutions of the Department of Business and Industry.
(o) State Board of Health and Division of Public
and Behavioral Health of the Department of Health and Human Services.
2. Any regulatory body which is exempted
from the provisions of this chapter pursuant to subsection 1 may elect by
regulation to follow the provisions of this chapter or any portion thereof.
(Added to NRS by 2005, 743; A 2007, 3050)
NRS 622A.130 Uniformity of application and construction; chapter supplements
other statutory provisions; resolution of conflicts.
1. The provisions of this chapter must be
interpreted so as to effectuate their general purpose to make uniform among the
regulatory bodies that are subject to the provisions of this chapter the
procedures used to prosecute contested cases and take administrative action
against a person who violates any law or regulation governing occupational
licensing.
2. To the extent possible, the provisions
of this chapter are intended to supplement other statutory provisions governing
administrative procedure, occupational licensing and regulatory bodies, and
such other provisions must be given effect to the extent that those provisions
do not conflict with the provisions of this chapter. If there is a conflict
between such other provisions and the provisions of this chapter, the
provisions of this chapter control.
(Added to NRS by 2005, 744)
IMMUNITY
NRS 622A.150 Immunity from civil liability.
1. A person who provides a governmental
entity, officer or employee with any information relating to a contested case
is immune from any civil liability for providing that information if the person
acted in good faith and without malicious intent.
2. A governmental entity, officer or
employee is immune from any civil liability for:
(a) Any decision or action taken in good faith
and without malicious intent in carrying out the provisions of this chapter or
any law or regulation governing occupational licensing; or
(b) Communicating or cooperating with or
providing any documents or other information to any other governmental entity,
officer or employee conducting an investigation, disciplinary proceeding or
civil or criminal prosecution.
(Added to NRS by 2005, 744)
REGULATORY AUTHORITY
NRS 622A.170 Informal dispositions; consent and settlement agreements;
designation of hearing panels.
1. The provisions of this chapter do not
affect or limit the authority of a regulatory body, at any stage of a contested
case, to make an informal disposition of the contested case pursuant to
subsection 5 of NRS 233B.121 or to
enter into a consent or settlement agreement approved by the regulatory body
pursuant to NRS 622.330.
2. The provisions of this chapter do not
affect or limit the authority of a regulatory body to designate a panel of its
members to hear a contested case pursuant to this chapter.
(Added to NRS by 2005, 744)
ADJUDICATION OF CONTESTED CASES
NRS 622A.300 Initiation of prosecution; filing of charging document;
designation of adjudicator; notice of case; findings and recommendations;
consolidation of cases.
1. To initiate the prosecution of a
contested case, the prosecutor shall file a charging document with the
regulatory body and serve the licensee with the charging document.
2. The regulatory body shall determine
whether the case will be heard by the regulatory body or a hearing panel or
officer.
3. The regulatory body or hearing panel or
officer shall provide the licensee with written notice of the case pursuant to NRS 233B.121 and 241.034.
4. If the case is heard by a hearing panel
or officer, the hearing panel or officer shall follow the procedures
established by this chapter and any other applicable statutory and regulatory
provisions governing the case. The hearing panel or officer shall prepare
written findings and recommendations and serve the findings and recommendations
on the parties and the regulatory body for its review.
5. The findings and recommendations of the
hearing panel or officer do not become final unless they are approved by the
regulatory body after review. In reviewing the findings and recommendations of
the hearing panel or officer, the regulatory body may:
(a) Approve the findings and recommendations,
with or without modification;
(b) Reject the findings and recommendations and
remand the case to the hearing panel or officer;
(c) Reject the findings and recommendations and
order a hearing de novo before the regulatory body; or
(d) Take any other action that the regulatory
body deems appropriate to resolve the case.
6. If the case is heard by the regulatory
body, the regulatory body shall follow the procedures established by this
chapter and any other applicable statutory and regulatory provisions governing
the case.
7. The regulatory body or the hearing
panel or officer, with the approval of the regulatory body, may consolidate two
or more cases if it appears that the cases involve common issues of law or fact
and the interests of the parties will not be prejudiced by the consolidation.
(Added to NRS by 2005, 745)
NRS 622A.310 Appearance; representation by attorney; standards of conduct;
withdrawal from representation; sanctions; costs of defense.
1. In any contested case against a
licensee pursuant to this chapter, the licensee may appear on his or her own
behalf or the licensee may be represented by:
(a) An attorney licensed to practice law in this
State; or
(b) An attorney licensed to practice law in
another state who is properly associated with an attorney licensed to practice
law in this State and who provides a certificate of good standing from the
licensing authority of the other state.
2. An attorney representing a licensee
shall:
(a) Ensure that his or her conduct complies with
the Nevada Rules of Professional Conduct; and
(b) Conform to all standards of ethical and
courteous behavior required in the courts of this State.
3. An attorney may withdraw from
representing a licensee upon notice to the licensee and the regulatory body or
hearing panel or officer. The notice must include the reason for the requested
withdrawal. The regulatory body or hearing panel or officer may deny the
request if there may be an unreasonable delay in the case or the substantial
rights of the licensee may be prejudiced.
4. If the regulatory body or hearing panel
or officer finds that an attorney has violated any provision of this section,
the regulatory body or hearing panel or officer may bar the attorney from
participating in the case or may impose such other sanctions as the regulatory
body or hearing panel or officer deems appropriate.
5. A licensee is responsible for all costs
related to the presentation of his or her defense.
(Added to NRS by 2005, 745)
NRS 622A.320 Answer; amendment of charging document; continuance; inclusion
of pleadings in record.
1. After being served with the charging
document, the licensee may, but is not required to, file an answer to the
charging document. The licensee may file such an answer not later than 20 days
after the date of service of the charging document.
2. The prosecutor may amend the charging
document at any time before the hearing. If the prosecutor amends the charging
document before the hearing, the prosecutor shall:
(a) File the amended charging document with the
regulatory body or hearing panel or officer; and
(b) Serve the licensee with the amended charging
document.
3. After being served with an amended
charging document, the licensee may do any or all of the following:
(a) File an answer to the amended charging
document. The licensee may file such an answer not later than 20 days after the
date of service of the amended charging document or not later than the date of
the hearing, whichever date is sooner.
(b) Move for a continuance of the hearing. The
regulatory body or hearing panel or officer shall grant the continuance if the
licensee demonstrates that:
(1) The amendment materially alters the
allegations in the charging document; and
(2) The licensee does not have a
reasonable opportunity to prepare a defense against the amended charging
document before the date of the hearing.
4. The prosecutor may amend the charging
document at the time of the hearing if the amendment is not considered material
and the substantial rights of the licensee would not be prejudiced by the
amendment.
5. The charging document, any amended
charging document and any answer filed by the licensee must be made part of the
record at the hearing.
(Added to NRS by 2005, 746)
NRS 622A.330 Discovery; limitations on interrogatories and depositions.
1. At any time after being served with the
charging document, the licensee may file with the regulatory body or hearing
panel or officer a written discovery request for a copy of all documents and
other evidence intended to be presented by the prosecutor in support of the
case and a list of proposed witnesses.
2. The investigative file for the case is
not discoverable unless the prosecutor intends to present materials from the
investigative file as evidence in support of the case. The investigative file
for the case includes all communications, records, affidavits or reports
acquired or created as part of the investigation of the case, whether or not
acquired through a subpoena related to the investigation of the licensee.
3. A party may not serve any
interrogatories on another party or take any depositions relating to the case,
unless permitted by the regulations of the regulatory body.
(Added to NRS by 2005, 746)
NRS 622A.340 Limitations on communications with adjudicator. A party shall not communicate either directly
or indirectly with any member of the regulatory body, any member of the hearing
panel or the hearing officer about any issue of fact or law related to the case
unless the communication:
1. Is part of a pleading, motion or other
document that is properly filed and served on all parties; or
2. Occurs while all parties are present or
occurs during a meeting or hearing for which all parties have been given proper
notice, whether or not all parties are present at that meeting or hearing.
(Added to NRS by 2005, 747)
NRS 622A.350 Effect of failure to appear.
1. If a party fails to appear at a
scheduled hearing and a continuance has not been scheduled or granted, any
party who is present at the hearing may make an offer of proof that the absent
party was given sufficient legal notice. Upon a determination by the regulatory
body or hearing panel or officer that the absent party was given sufficient
legal notice, the regulatory body or hearing panel or officer may proceed to
consider and dispose of the case without the participation of the absent party.
2. If the licensee fails to appear at a
hearing, the regulatory body or hearing panel or officer may accept the
allegations against the licensee in the charging document as true.
(Added to NRS by 2005, 747)
NRS 622A.360 Motions.
1. Except as otherwise provided in this
chapter or as permitted by the regulatory body or hearing panel or officer, to
request a ruling from the regulatory body or hearing panel or officer on any
issue of law or procedure in a case, a party must file a written motion with
the regulatory body or hearing panel or officer.
2. A party may file only the following
prehearing motions:
(a) A motion requesting a continuance or an
extension of time.
(b) A motion requesting, for good cause, the
recusal of the hearing officer, a member of the hearing panel or a member of
the regulatory body from participation in the case.
(c) A motion requesting the separation of
consolidated cases.
(d) A motion requesting a more definite statement
regarding the allegations in the charging document on the ground that there is
not enough information in the charging document to formulate a defense.
(e) A motion requesting dismissal of the charging
document for failure to state facts which, if true, would form a sufficient
basis for discipline.
(f) With leave of the regulatory body or hearing
panel or officer, any other motion requesting appropriate action or relief
before the date of the hearing.
3. A prehearing motion must be filed with
the regulatory body or hearing panel or officer at least 10 days before the
date of the hearing. A party who opposes the motion may file a response to the
prehearing motion not later than 7 days after the date of service of the
motion. Upon a showing of good cause, the regulatory body or hearing panel or
officer may allow a party to file such a motion or response within such other
times as the regulatory body or hearing panel or officer deems appropriate.
4. The regulatory body or hearing panel or
officer shall rule on any prehearing motion before or on the date of the
hearing. The regulatory body may authorize the president or chair of the
regulatory body to rule on any prehearing motion before the date of the
hearing. The hearing panel may authorize the chair or presiding officer of the
hearing panel to rule on any prehearing motion before the date of the hearing.
5. A party may file only the following
motions after the commencement of the hearing:
(a) After the prosecutor has concluded the
presentation of his or her case in chief, a motion requesting dismissal of the
charging document for failure of the prosecutor to meet the burden of proof.
(b) With leave of the regulatory body or hearing
panel or officer, any other motion requesting appropriate action or relief
during the hearing.
6. A party may file only the motions set
forth in NRS 622A.390 after the close of the
hearing.
(Added to NRS by 2005, 747)
NRS 622A.370 Burden and standard of proof; rules of procedure and evidence;
grounds for disciplinary action; administrative penalties; transcription of
hearing; costs.
1. The prosecutor has the burden of proof
in any hearing pursuant to this chapter. The standard of proof in such a
hearing is substantial evidence.
2. Except as otherwise provided in this
chapter, the regulatory body or hearing panel or officer is not bound by strict
rules of procedure or rules of evidence when conducting the hearing, except
that evidence must be taken and considered in the hearing pursuant to NRS 233B.123.
3. In any hearing pursuant to this
chapter, the acts which constitute grounds for initiating disciplinary action
against a licensee and the administrative penalties that may be imposed against
a licensee are set forth in the occupational licensing chapter governing the
licensee.
4. If requested by any party, the hearing
or any portion of the hearing must be transcribed. The party making the request
shall pay all costs for the transcription.
(Added to NRS by 2005, 748)
NRS 622A.380 Order of hearing.
1. Except as otherwise provided in this
section, in any hearing pursuant to this chapter, the hearing must proceed as
follows:
(a) The president or chair of the regulatory
body, the chair or presiding officer of the hearing panel or the hearing
officer shall call the hearing to order.
(b) The parties and their representatives and the
members of the regulatory body, the members of the hearing panel or the hearing
officer must be introduced.
(c) The regulatory body or hearing panel or
officer shall consider any preliminary motions, stipulations or orders and
shall address any administrative details regarding the hearing.
(d) The regulatory body or hearing panel or
officer:
(1) Shall ask the parties if they want any
witness excluded from the hearing;
(2) Shall instruct any witness who is
excluded from the hearing not to discuss the case during the course of the
hearing;
(3) Shall allow the licensee to remain in
the hearing;
(4) Shall allow any person who acts as
both a representative of the prosecutor and a witness in the hearing to remain
in the hearing; and
(5) May, on its own motion, exclude any
witness from the hearing.
(e) The prosecutor may make an opening statement.
After the prosecutor has had the opportunity to make an opening statement, the
licensee may make an opening statement. The regulatory body or hearing panel or
officer may limit equally the time of the opening statement of each party.
(f) The prosecutor may present his or her case by
presenting evidence and calling witnesses in the following manner:
(1) The witness must be sworn in.
(2) The prosecutor may directly examine
the witness.
(3) The licensee may cross-examine the
witness.
(4) If requested, the prosecutor may
question the witness on redirect examination.
(5) If requested, the licensee may
question the witness on recross-examination.
(g) After the prosecutor has had the opportunity
to present his or her case, the licensee may present his or her case by
presenting evidence and calling witnesses in the following manner:
(1) The witness must be sworn in.
(2) The licensee may directly examine the
witness.
(3) The prosecutor may cross-examine the
witness.
(4) If requested, the licensee may
question the witness on redirect examination.
(5) If requested, the prosecutor may question
the witness on recross-examination.
(h) A member of the regulatory body, a member of
the hearing panel or the hearing officer may question a witness at any time
during the hearing. If a witness is questioned by a member of the regulatory
body, a member of the hearing panel or the hearing officer, the party who
called the witness may request permission to ask further questions, limited to
the area addressed by the member or hearing officer. When that party has asked
those questions, the other party may request permission to ask further
questions, limited to the area addressed by the member or hearing officer.
(i) After the prosecutor and licensee have
presented their cases, the regulatory body or hearing panel or officer may
allow the prosecutor and licensee to call rebuttal witnesses. If the prosecutor
or licensee, or both, call one or more rebuttal witnesses, each rebuttal
witness must be sworn in and questioned in the same manner as provided in
paragraph (f) or (g), as appropriate.
(j) The prosecutor may make a closing argument.
After the prosecutor has had the opportunity to make a closing argument, the
licensee may make a closing argument. The regulatory body or hearing panel or
officer may limit equally the time of the closing argument of each party. If
the licensee makes a closing argument, the prosecutor may make a final closing
argument. The regulatory body or hearing panel or officer may limit the time of
the final closing argument.
(k) If allowed by the regulatory body or hearing
panel or officer, either party may recommend specific disciplinary action to
the regulatory body or hearing panel or officer at the appropriate time.
(l) After the close of the hearing, the
regulatory body or hearing panel or officer shall deliberate and reach a decision.
Not later than 60 days after the close of the hearing:
(1) If the hearing was conducted by the
hearing panel or officer, the hearing panel or officer shall prepare written
findings and recommendations and serve the findings and recommendations on the
parties and the regulatory body for its review.
(2) If the hearing was conducted by the
regulatory body, the regulatory body shall prepare a final decision in the
manner provided in NRS 233B.125.
2. The regulatory body or hearing panel or
officer may deviate from the order of the hearing set forth in subsection 1 if
the regulatory body or hearing panel or officer:
(a) Upon a showing of good cause, deems it
appropriate; or
(b) Deems it necessary to expedite or ensure the
fairness of the hearing.
(Added to NRS by 2005, 748)
NRS 622A.390 Posthearing motions; rehearing and reconsideration; vacation and
modification of final decision.
1. After the close of the hearing, a party
may file only the following motions:
(a) A motion requesting a rehearing.
(b) A motion requesting reconsideration of the findings
and recommendations of the hearing panel or officer or the final decision of
the regulatory body.
(c) A motion requesting that the final decision
of the regulatory body be vacated or modified.
(d) With leave of the regulatory body or hearing
panel or officer, any other motion requesting appropriate action or relief
after the close of the hearing.
2. A motion requesting a rehearing or
reconsideration must be filed with:
(a) The hearing panel or officer not later than
15 days after the date of service of the findings and recommendations of the
hearing panel or officer.
(b) The regulatory body not later than 15 days
after the date of service of the final decision of the regulatory body.
3. A party who opposes the motion may file
a response to the motion not later than 7 days after the date of service of the
motion.
4. The regulatory body may authorize the
president or chair of the regulatory body to rule on the motion. The hearing
panel may authorize the chair or presiding officer of the hearing panel to rule
on the motion.
5. A motion requesting a rehearing or
reconsideration may be based only on one of the following grounds:
(a) Newly discovered or available evidence.
(b) Error in the hearing or in the findings and
recommendations or the decision that would be grounds for reversal of the
findings and recommendations or the decision.
(c) The need in the public interest for further
consideration of the issues or evidence, or both.
6. The regulatory body or hearing panel or
officer shall enter an order ruling on the motion requesting a rehearing or
reconsideration not later than 25 days after the date on which the motion is
filed. A copy of the order must be served on each party. The regulatory body or
hearing panel or officer may:
(a) Deny the motion;
(b) Order a rehearing or partial rehearing;
(c) Order reconsideration of the findings and
recommendations or the decision; or
(d) Direct other proceedings as the regulatory
body or hearing panel or officer deems appropriate.
7. If the regulatory body or hearing panel
or officer orders a rehearing, the rehearing must be confined to the issues
upon which the rehearing was ordered.
(Added to NRS by 2005, 750)
NRS 622A.400 Judicial review.
1. Except as otherwise provided in the
Constitution of this State, a party may not seek any type of judicial
intervention or review of a contested case until after the contested case
results in a final decision of the regulatory body.
2. Except as otherwise provided in this
section, a party may seek judicial review of a final decision of the regulatory
body in accordance with the provisions of chapter
233B of NRS that apply to a contested case.
3. Notwithstanding the provisions of
subsection 1 of NRS 233B.131
regarding transmittal of the record of the proceeding under judicial review:
(a) The party filing the petition for judicial
review shall provide an original or certified copy of the transcript of the
hearing to the reviewing court; and
(b) The regulatory body shall provide an original
or certified copy of the remainder of the record of the proceeding under review
to the reviewing court.
(Added to NRS by 2005, 751)
NRS 622A.410 Requirements in cases involving revocation of license; procedure
for reinstatement of license.
1. If a regulatory body revokes the
license of a person in a contested case pursuant to this chapter, the
regulatory body shall, in the final decision of the regulatory body ordering
the revocation, prescribe a period during which the person may not apply for
reinstatement of the license. The period must not be less than 1 year and not
more than 10 years.
2. In addition to any other requirements
set forth in the applicable occupational licensing chapter, if a person applies
for reinstatement of a license that has been revoked in a contested case
pursuant to this chapter, the person shall:
(a) Submit an application on a form supplied by
the regulatory body.
(b) Satisfy all the current requirements for the
issuance of an initial license.
(c) Attest that, in this State or any other
jurisdiction:
(1) The person has not, during the period
of revocation, violated any state or federal law governing the practice of the
licensed occupation or profession or any related occupation or profession, and
no criminal or civil action involving such a violation is pending against the
person; and
(2) No other regulatory body having
jurisdiction over the practice of the licensed occupation or profession or any
related occupation or profession has, during the period of revocation, taken
disciplinary action against the person, and no such disciplinary action is
pending against the person.
(d) Satisfy any additional requirements for
reinstatement of the license prescribed by the regulatory body.
3. The regulatory body shall consider each
application for reinstatement of a license submitted pursuant to this section.
In determining whether to reinstate the license, the regulatory body shall
consider the following criteria:
(a) The severity of the act resulting in the
revocation of the license.
(b) The conduct of the person after the
revocation of the license.
(c) The amount of time elapsed since the revocation
of the license.
(d) The veracity of the attestations made by the
person pursuant to subsection 2.
(e) The degree of compliance by the person with
any additional requirements for reinstatement of the license prescribed by the
regulatory body.
(f) The degree of rehabilitation demonstrated by
the person.
4. If the regulatory body reinstates the
license, the regulatory body may place any conditions, limitations or
restrictions on the license as it deems necessary.
5. The regulatory body may deny
reinstatement of the license if the person fails to comply with any provisions
of this section.
6. The regulatory body’s denial of
reinstatement of the license is not a contested case for the purposes of
judicial review.
(Added to NRS by 2005, 751)
