Nrs: Chapter 622A - Administrative Procedure Before Certain Regulatory Bodies

Link to law: https://www.leg.state.nv.us/NRS/NRS-622A.html
Published: 2015

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[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)