Nac: Chapter 648 - Private Investigators, Private Patrol Officers, Polygraphic Examiners, Process Servers, Repossessors And Dog Handlers

Link to law: http://www.leg.state.nv.us/nac/NAC-648.html
Published: 2015

[Rev. 1/2/2015 3:43:37 PM]

 

This is a new chapter of NAC for

which regulations have been adopted but have not been codified; you can view

the following regulations for this chapter on the Nevada Register of

Administrative Regulations: R073-14

[NAC-648 Revised Date: 9-14]

CHAPTER 648 - PRIVATE INVESTIGATORS,

PRIVATE PATROL OFFICERS, POLYGRAPHIC EXAMINERS, PROCESS SERVERS, REPOSSESSORS

AND DOG HANDLERS

GENERAL PROVISIONS

648.110            Definitions.

648.115            “Private investigator” interpreted.

PRIVATE INVESTIGATOR’S LICENSING BOARD

648.120            Executive Director: Employment.

648.130            Meetings.

648.140            Executive Director: Duties.

LICENSING

648.215            “Corporation” defined.

648.220            Financial statement.

648.230            Application by corporation.

648.235            Corporations: Licensing without

qualifying agent.

648.250            Corporations: Contracts of

employment.

648.260            Qualifying agents for corporations;

background investigations.

648.265            Limitations on qualifying agents

for corporations.

648.270            Partnerships.

648.275            Qualifications of applicants:

Credit for certain educational degrees.

648.280            Application for authorization to

work on case in this State by person licensed in another jurisdiction;

quarterly report to Board.

648.290            Record of criminal history.

648.310            Examinations.

648.320            Compliance with prerequisites for

license.

648.325            Insurance required for all services

provided under license.

648.330            Holding of license in abeyance;

investigation of certain licensees who voluntarily place license in abeyance

before return of license to licensee.

UNLICENSED EMPLOYEES

648.334            “Person” and “nonlicensed person”

interpreted.

648.336            Determination of who is “bona fide

employee” for purposes of NRS

648.140.

648.338            Employment of unlicensed persons:

Restrictions; exemption.

648.3385          Employment of unlicensed persons:

Registration requirements; duties of licensee; interpretation of “employed by.”

648.339            Application for registration:

Review and denial or approval.

648.3395          Application for registration:

Confidentiality.

648.3403          Registration fees due from

applicant.

648.341            Examination: Administration;

verification of passing score.

648.342            Examination: Scope.

648.343            Date of examination of employee to

be recorded on Internet website for system of records; duties of licensee;

proof that employee passed examination.

648.3435          Internet website for system of

records regarding certain persons; confidentiality of information contained in

system of records.

648.344            Change of employment notice.

648.3443          Suspension and reinstatement of

provisional registration.

648.3447          Reapplication following denial,

suspension or revocation of registration.

CARRYING, HANDLING AND USING FIREARMS SAFELY

648.345            Prerequisites; certification of

firearms instructors; renewal.

648.346            Course of training: Required

curriculum; written examination; instruction and training on firing range;

request for exemption by certain instructors; substitute course.

648.348            Course of training: Compliance with

established curriculum; failure to comply; request for exemption to conduct

course outside this State.

648.350            Course of training: Certification

of successful completion and qualification with firearm; issuance of certification

card; maintenance of certification; repetition of course and request for

exemption by certain persons; fees; duties of certified person.

648.355            Duties of certified firearms

instructors.

POLYGRAPHIC EXAMINERS AND EXAMINATIONS

648.360            Approved instruments.

648.365            Standards of accuracy and

reliability of instruments; verification of standards.

648.370            Interns: Qualifications of

supervising examiner.

648.375            Interns: Phases of supervision;

responsibility of supervising examiner.

648.380            Reports of intern’s progress.

648.385            Supervising examiners: List of

interns; termination of relationship; termination of status.

648.390            Demonstration of completion of

internship.

648.395            Licensing: Required instruction.

648.400            Licensing on basis of reciprocity.

ADMINISTRATIVE PROCEEDINGS

648.410            Petitions concerning regulations:

Filing.

648.420            Petitions concerning regulations:

Consideration.

648.430            Petitions for declaratory orders or

advisory opinions.

648.431            Notice of violation: Imposition of

fine.

648.433            Notice of violation: Service and

filing; payment of fine.

648.437            Citation: “Reasonable time for

abatement of the violation” interpreted.

648.439            Citation: Service and filing;

payment of fine.

648.440            Disciplinary hearings: Procedure.

648.450            Disciplinary hearings: Counsel.

648.460            Disciplinary hearings: Decision.

PROGRAMS OF SELF-INSURANCE

648.480            Eligibility.

648.485            Statement of scope of coverage.

648.490            Application for qualification;

effective date of program.

648.495            Insolvency of licensee.

MISCELLANEOUS PROVISIONS

648.510            Branch managers.

648.520            Operation of corporation upon death

or disability of or cessation of affiliation with corporation by qualified

person.

648.525            Use of license number in

advertisements and written communications regarding business.

648.530            Uniforms, badges and patches.

648.540            Business names.

648.545            Private investigators: Service of

subpoena in conjunction with ongoing investigation.

PROHIBITED ACTS

648.570            Prohibited acts by person neither

licensed nor exempted from licensure: Engaging as contractor in activities

regulated by chapter 648 of NRS;

submitting bid relating to such activities; bid submitted in violation of

section void.

 

 

GENERAL PROVISIONS

      NAC 648.110  Definitions. (NRS 648.030)  As used

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

defined in NRS 648.006 to 648.016, inclusive, have the

meanings ascribed to them in those sections.

     (Supplied in codification; A by Priv. Investigator’s

Lic. Bd., 11-13-85)

      NAC 648.115  “Private investigator” interpreted. (NRS 648.030)

     1.  The Board will interpret the term

“private investigator,” as defined in NRS

648.012, to exclude a gaming licensee who maintains an employer-employee

relationship with:

     (a) A natural person to act as a customer or client

of the gaming licensee to evaluate the service provided to actual customers or

clients of the gaming licensee by its employees;

     (b) A natural person to act as a customer or client

of the gaming licensee to evaluate:

          (1) The operational procedures of the gaming

licensee;

          (2) The cleanliness of the property of the

gaming licensee; or

          (3) The quality, availability and prices of

the goods and services of the gaming licensee; or

     (c) A business entity, licensed pursuant to chapter 648 of NRS, to evaluate the

operational procedures and methods of prevention and study used by the gaming

licensee relating to the problems of gambling and the consumption of alcoholic

beverages by minors.

     2.  As used in this section, “gaming

licensee” means a holder of a nonrestricted gaming license issued pursuant to chapter 463 of NRS.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R138-01,

eff. 4-5-2002)

PRIVATE INVESTIGATOR’S LICENSING BOARD

      NAC 648.120  Executive Director: Employment. (NRS 648.025, 648.030)  The

Chair shall employ an Executive Director for the Board.

     [Priv. Investigator’s Lic. Bd., eff. 11-12-69]—(NAC A 7-16-85,

eff. 8-1-85; 4-22-93)

      NAC 648.130  Meetings. (NRS 648.030)

     1.  The Board will meet quarterly at a time

and place designated by the Chair.

     2.  The Chair may call a special meeting when

he or she deems it to be necessary.

     3.  The Chair shall conduct meetings of the

Board in accordance with Robert’s Rules of Order, and according to the

agenda published for that meeting.

     [Priv. Investigator’s Lic. Bd., eff. 11-12-69]

      NAC 648.140  Executive Director: Duties. (NRS 648.025, 648.030)  The

Executive Director shall:

     1.  Prepare the agenda for the meeting under

the supervision of the Chair and considering the suggestions of the members;

     2.  Forward a copy of the agenda to each

member of the Board not later than 15 days before the scheduled date of the

meeting;

     3.  Give an account of all money received by

the Board at each meeting;

     4.  Keep a record of each meeting and make

copies of the minutes available to each member of the Board; and

     5.  Preserve the record of each meeting as a

state record.

     [Priv. Investigator’s Lic. Bd., eff. 11-12-69]—(NAC A 4-22-93)

LICENSING

      NAC 648.215  “Corporation” defined. (NRS 648.030)  For the

purposes of NAC 648.215 to 648.330,

inclusive, the term “corporation” includes a limited-liability company and a

foreign limited-liability company.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R146-97,

eff. 2-12-98)

      NAC 648.220  Financial statement. (NRS 648.030, 648.080)  An

applicant must submit a true financial statement with his or her application

upon forms prescribed and furnished by the Board.

     [Priv. Investigator’s Lic. Bd., § 16, eff. 1-16-74]

      NAC 648.230  Application by corporation. (NRS 648.030, 648.080)

     1.  If an applicant is a corporation, a

background biography and a standard Federal Bureau of Investigation fingerprint

card for each of the three principal officers of the corporation must be

submitted with the application.

     2.  If the applicant is a corporation which

is owned by a holding company or is a wholly-owned subsidiary of another

corporation, a background biography and fingerprint card must be submitted for

each of the three principal officers of the holding company or parent

corporation.

     [Priv. Investigator’s Lic. Bd., § 17, eff. 7-1-74]

      NAC 648.235  Corporations: Licensing without qualifying agent. (NRS 648.030)

     1.  The Board may grant a license to a

corporation without a qualifying agent if the corporation:

     (a) Complies with all other statutory and

regulatory prerequisites for the license;

     (b) Agrees to file an application for a qualifying

agent within 6 months after the date the Board approves the application; and

     (c) Agrees not to engage in the occupation for

which it is licensed until the application for a qualifying agent is approved

by the Board.

     2.  If a corporation is granted a license

pursuant to subsection 1 and fails to comply with any provision of subsection

1, the license is automatically forfeited and the Board will rescind its

approval and reject the application.

     3.  If the Board rescinds its approval

pursuant to this section, the Executive Director shall demand the return of the

license, and the licensee shall return it as soon as practicable.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 4-22-93)

      NAC 648.250  Corporations: Contracts of employment. (NRS 648.030)  A

corporation which submits an application for qualification of an agent shall

include with the application a copy of the employment contract between the

corporation and the agent. The contract must set forth the agent’s

responsibilities, duties and authority in detail.

     [Priv. Investigator’s Lic. Bd., eff. 6-30-78]

      NAC 648.260  Qualifying agents for corporations; background investigations. (NRS 648.030)

     1.  A person who holds a license may change

his or her status to that of a qualifying agent for a corporate licensee

without taking the written examination, if the transfer is within the same

category of license. The Board may require a background investigation of any

person whose status has changed pursuant to this section if:

     (a) The most recent background investigation was

completed more than 18 months before the change in status; or

     (b) There has been any complaint filed against the

person with the Board.

     2.  If a person who is applying for a license

for himself or herself previously held a license in the same category and

surrendered it to become a qualifying agent for a corporation, the Board may

require a background investigation if:

     (a) The most recent background investigation was

completed more than 18 months before the person applied for the license for

himself or herself; or

     (b) There has been any complaint filed against the

person with the Board.

     [Priv. Investigator’s Lic. Bd., eff. 6-30-78]—(NAC A 7-16-85,

eff. 8-1-85; A by Priv. Investigator’s Lic. Bd. by R047-12, eff. 10-23-2013)

      NAC 648.265  Limitations on qualifying agents for corporations. (NRS 648.030, 648.120)

     1.  After August 15, 1981, the Board will not

approve any application by a person to become a qualifying agent in the same

category of license for more than one corporation. Any person whom the Board

has approved before that date as a qualifying agent for two or more corporations

may continue to serve each such corporation so long as the person does not

terminate affiliation with it.

     2.  Any person who holds a license issued by

the Board must surrender that license for cancellation or to be held in

abeyance before the Board will approve the person’s application to become a

qualifying agent for a corporate license in the same category of license.

     3.  Any person who has been issued an

identification card as the qualifying agent for a corporate licensee must

surrender that card to the Board for destruction before the Board will approve

the person’s application for a license for himself or herself or return the

person’s license held in abeyance.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 8-21-81;

A 7-16-85, eff. 8-1-85)

      NAC 648.270  Partnerships. (NRS 648.030)  Each

person who is a partner in a business whose activities are required to be

licensed by chapter 648 of NRS must be

licensed pursuant to the provisions of that chapter.

     [Priv. Investigator’s Lic. Bd., § 9, eff. 1-16-74]

      NAC 648.275  Qualifications of applicants: Credit for certain educational

degrees. (NRS

648.030, 648.110)  The

Board will grant credit toward the experience required pursuant to subsection 2

of NRS 648.110 to an applicant

for a private investigator’s or private patrol officer’s license as follows:

     1.  For receipt of an associate’s degree in

police science or criminal justice from an accredited community college, the

Board will grant 8 months of credit.

     2.  For receipt of a bachelor’s degree in

police science or criminal justice from an accredited college or university,

the Board will grant 1 1/2 years of credit.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 4-22-93)

      NAC 648.280  Application for authorization to work on case in this State by

person licensed in another jurisdiction; quarterly report to Board. (NRS 648.030)

     1.  A private investigator, repossessor,

private patrol officer, polygraphic examiner or process server who:

     (a) Has been licensed and is in good standing in

another state or a territory of the United States;

     (b) Has begun activities for a client in a

particular case in that jurisdiction; and

     (c) Needs to continue the activities of that case

in Nevada,

Ê may apply to

the Executive Director of the Board for authorization to work on that case in

Nevada. A licensee of the Board in the appropriate category must agree with the

applicant to oversee the applicant’s work in this State and to obligate the

licensee’s insurance for protection against liability to third persons to cover

the applicant’s activities in this State.

     2.  The application must include:

     (a) Evidence of the applicant’s license and good

standing in the other jurisdiction;

     (b) A brief description of the type of work the

applicant intends to do in this State;

     (c) An estimate of the time necessary to accomplish

the work; and

     (d) A copy of an independent contractor agreement

between the applicant and a licensee of the Board in the appropriate category.

     3.  If the application is in order, the

Executive Director may authorize the described work for an appropriate period.

     4.  In the absence of special circumstances,

repeated applications made pursuant to this section constitute a cause for

denial of the application.

     5.  The Executive Director shall provide a

quarterly report to the Board indicating the number of applications approved

pursuant to this section.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 8-21-81;

A 12-28-83; 11-13-85; R047-12, 10-23-2013)

      NAC 648.290  Record of criminal history. (NRS 648.030)  In order

to obtain a license, an applicant must sign a form prescribed and furnished by

the Board which authorizes the Board to obtain a record of the criminal history

of the applicant from an agency of criminal justice as defined in NRS 179A.030. The applicant’s

refusal to make this record available to the Board in the manner prescribed

constitutes grounds for the denial of a license pursuant to NRS 648.100.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89)

      NAC 648.310  Examinations. (NRS 648.030, 648.100)

     1.  The Board will prepare examinations and

may designate one or more police officers or other law enforcement officials to

administer them.

     2.  Examinations will be given in January,

April, July and October of each year.

     3.  The Executive Director shall fix the

time, date and place for each examination.

     4.  Except as otherwise provided in

subsection 5, examinations will be administered simultaneously to all

applicants whether or not the examinations are being given at one location or

more than one location.

     5.  Field examinations for licensing as

canine security handlers and trainers will not be administered at the same time

as written examinations are being given.

     [Priv. Investigator’s Lic. Bd., § 7, eff. 1-15-74]—(NAC

A 4-22-93)

      NAC 648.320  Compliance with prerequisites for license. (NRS 648.030)

     1.  Except as otherwise provided pursuant to NAC 648.235, if the Board has approved an application

for a license and has directed that the license be issued subject to compliance

by the applicant with all statutory and regulatory prerequisites for the

license, the applicant must comply within 90 days after the date on which the

Board approved the application.

     2.  If the applicant fails to comply within

90 days, the Board may rescind its approval and reject the application unless

the applicant has shown good cause for the delay.

     3.  If the Board rescinds its approval

pursuant to this section, the Executive Director shall demand the return of the

license, and the licensee shall return it as soon as practicable.

     [Priv. Investigator’s Lic. Bd., § 29, eff. 7-2-75]—(NAC

A 4-22-93)

      NAC 648.325  Insurance required for all services provided under license. (NRS 648.030, 648.135)  A

licensee must be properly insured pursuant to NRS 648.135 for all services

provided under his or her license.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R182-05,

eff. 5-4-2006)

      NAC 648.330  Holding of license in abeyance; investigation of certain

licensees who voluntarily place license in abeyance before return of license to

licensee. (NRS

648.030, 648.120)

     1.  If a licensee or an applicant is or

becomes employed as a peace officer, as defined in NRS 169.125, or by a federal, state

or local law enforcement agency, or in a position which makes him or her

eligible to contribute to any public employees’ retirement system and the Board

finds that his or her private activities as a licensee create or would tend to

create:

     (a) A conflict of interest with his or her

responsibilities to the public employer and his or her duty to discharge them;

or

     (b) The possibility of a use of his or her position

with the public employer for personal advantage in the private activities,

Ê the Board

will hold his or her license in abeyance for as long as he or she continues to

have those responsibilities or serve in that position. Except as otherwise

provided in subsection 2, a licensee may not engage in licensed activities

while his or her license is being held in abeyance.

     2.  Except as otherwise provided in this

subsection, a licensee who is the qualifying agent for a corporate licensee

pursuant to chapter 648 of NRS may

have his or her license placed in abeyance as long as he or she refrains from

engaging in licensed activities independent of his or her status as a

qualifying agent. A licensee who became a qualifying agent before January 1,

1985, may have the license that is in the same category as his or her status as

a qualifying agent placed in abeyance for as long as he or she retains such

status. If the Board finds that a licensee’s status as a qualifying agent

creates or would tend to create:

     (a) A conflict of interest with his or her

responsibilities to the public employer and his or her duty to discharge them;

or

     (b) The possibility of a use of his or her position

with the public employer for personal advantage in the private activities,

Ê the licensee

may no longer act as a qualifying agent for the corporation.

     3.  A licensee whose license is held in

abeyance pursuant to subsection 1 or 2, must surrender the license to the

Executive Director of the Board. If the provisions of subsection 1 or 2 no

longer require that a license be held in abeyance, the Executive Director shall

return the license to the former holder. The Executive Director may consult

with the Board before making this determination.

     4.  If a licensee who is not in the situation

described in subsection 1 or 2 wishes to have his or her license held in

abeyance, he or she may voluntarily surrender the license to the Executive

Director, who will hold it in abeyance for any period specified by the

requester, not exceeding 3 years. The Board may, upon request, grant an

extension of the 3-year period if it finds that good cause warrants the

extension. The Board will conduct an investigation of each licensee who, at the

time he or she requests the return of the license held in abeyance pursuant to

this subsection:

     (a) Is not a qualifying agent of a corporation

licensed by the Board;

     (b) Is not working pursuant to any other license

issued to him or her by the Board; or

     (c) Is not employed as a peace officer, as defined

in NRS 169.125, or by a federal,

state or local law enforcement agency, or in a position which makes him or her

eligible to contribute to any public employees’ retirement system and the Board

believes that his or her private activities as a licensee create or would tend

to create:

          (1) A conflict of interest with his or her

responsibilities to the public employer and his or her duty to discharge them;

or

          (2) The possibility of a use of his or her

position with the public employer for personal advantage in the private

activities.

Ê The Board

will, upon completion of its investigation, notify the licensee whether the

license will be returned.

     5.  The Board will not hold the license of an

intern in abeyance.

     6.  A license which is being held in abeyance

pursuant to this section must be renewed in accordance with the provisions for

such licenses set forth in chapter 648

of NRS.

     [Priv. Investigator’s Lic. Bd., § 11, eff. 1-15-74; A 8-21-81]—(NAC

A 7-16-85, eff. 8-1-85; 10-16-87; 4-22-93; 10-25-93; 10-20-95)

UNLICENSED EMPLOYEES

      NAC 648.334  “Person” and “nonlicensed person” interpreted. (NRS 648.030, 648.060)

     1.  The Board will interpret the word “person,”

as used in subsection 2 of NRS

648.060, to include a person who:

     (a) Is employed by a licensee on a temporary basis;

or

     (b) Performs clerical or administrative services as

an employee of a licensee.

Ê The term does

not include a licensee.

     2.  The Board will interpret the term

“nonlicensed person,” as used in subsection 3 of NRS 648.060, to include a person

who:

     (a) Is employed by a licensee on a temporary basis;

or

     (b) Performs clerical or administrative services as

an employee of a licensee.

     3.  It is unprofessional conduct for a

licensee to evade the requirements of NRS

648.060, as interpreted by this section, by falsely representing that an

employee of the licensee is an independent contractor.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R002-97,

eff. 2-4-98)—(Substituted in revision for NAC 648.555)

      NAC 648.336  Determination of who is “bona fide employee” for purposes of NRS 648.140. (NRS 648.030, 648.140)  For the

purposes of NRS 648.140, an

employee of a licensee shall be deemed to be a “bona fide employee” if:

     1.  The Board makes a determination that the

employee is subject to the control of the licensee with regard to the

performance of services;

     2.  The wages paid to the employee by the

licensee are subject to the Federal Insurance Contributions Act, 26 U.S.C. §§

3101 et seq., and the Federal Unemployment Tax Act, 26 U.S.C. §§ 3301 et seq.;

and

     3.  The licensee is required to file reports

with the Employment Security Division of the Department of Employment, Training

and Rehabilitation and its insurer who provides industrial insurance concerning

the payment of compensation to the employee. As used in this subsection,

“insurer” has the meaning ascribed to it in NRS 616A.270.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 4-22-93;

A 10-20-95; R047-12, 10-23-2013)—(Substituted in revision for NAC 648.560)

      NAC 648.338  Employment of unlicensed persons: Restrictions; exemption. (NRS 648.030, 648.140)

     1.  Except as otherwise provided in

subsection 2, a licensee may not employ an unlicensed person who is or becomes

employed:

     (a) As a peace officer, as defined in NRS 169.125;

     (b) By a federal, state or local law enforcement

agency; or

     (c) In a position which makes the unlicensed person

eligible to contribute to any public employees’ retirement system.

     2.  Upon receipt of a written request for

exemption, the Board may grant an exemption from the prohibitions set forth in

subsection 1 if the Board finds that the private activities of the unlicensed

person on behalf of the licensee would not create or tend to create:

     (a) A conflict of interest with his or her

responsibilities to the public employer and his or her duty to discharge them;

or

     (b) The possibility of a use of his or her position

with the public employer for personal advantage in his or her private

activities.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-18-88;

A 7-7-94; R107-06, 7-14-2006)

      NAC 648.3385  Employment of unlicensed persons: Registration requirements;

duties of licensee; interpretation of “employed by.” (NRS 648.030, 648.060, 648.140, 648.1495)

     1.  A licensee shall not employ a person

unless the person employed by the licensee is provisionally registered or

registered. A licensee shall immediately terminate the employment of a person

employed by a licensee if the Board notifies the licensee that the Board has

denied, suspended or revoked the provisional registration or registration of

the person.

     2.  If a person applies for employment with a

licensee, the licensee or a designated employee of the licensee shall review

the system of records maintained by the Board pursuant to NAC 648.3435 to determine whether the person is

registered, is provisionally registered or has had his or her registration or

provisional registration denied, suspended or revoked.

     3.  If a licensee determines that the person

is not registered or provisionally registered, and is not subject to denial,

suspension or revocation, the licensee must instruct the person to:

     (a) Complete the application for registration;

     (b) Obtain two complete sets of fingerprints or

provide a receipt for electronic submission of fingerprints to the Board;

     (c) Pay all applicable fees; and

     (d) Unless otherwise instructed by the Board,

submit the application for registration to the Board.

     4.  If a licensee determines that the

provisional registration or registration of a person who applies for employment

with the licensee has been denied, suspended or revoked by the Board, the

licensee shall notify the applicant that he or she must contact the Board to

obtain information concerning the denial, suspension or revocation.

     5.  Each licensee shall maintain a

passport-size photograph of each person employed by the licensee. The licensee

shall retain the photograph for not less than 5 years after the last date on

which the person is employed by the licensee. The photograph may be in the form

of a photograph or may be digitally stored, but the photograph must be capable

of being reproduced and available at the request of the Board.

     6.  Any person who violates the provisions of

this section is subject to disciplinary action by the Board.

     7.  A licensee shall maintain written

documentation establishing that the licensee received an application from each

applicant for employment before accessing the Internet website established

pursuant to NAC 648.3435 for at least 4 years

after the date of receipt of the application.

     8.  The Board will interpret “employed by” as

used in this section and NRS 648.060

to include a person who performs the same duties as an employee.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,

eff. 10-15-2010; A by R047-12, 10-23-2013)

      NAC 648.339  Application for registration: Review and denial or approval. (NRS 648.030, 648.140, 648.1493, 648.1495)

     1.  The Board will review each application

for registration for completeness.

     2.  The Board will conduct an investigation

of the applicant to determine whether the applicant is eligible to be or

continue to be an employee of a licensee.

     3.  The Board may deny an application for

registration within 90 days after receipt of the complete application for any

reasonable cause.

     4.  The Board will deny an application for

registration if the applicant has been convicted of a felony or a crime

involving moral turpitude or the illegal use or possession of a dangerous

weapon.

     5.  If the Board denies an application for

registration, the Board shall provide notice of the denial to the applicant and

the applicant’s employer. The notice to the applicant must include notice of

the right of the applicant to appeal the decision to the Board.

     6.  If the Board denies an application, the

applicant may appeal the denial by filing a request for appeal with the Board

not later than 30 days after the applicant receives notice of the denial. If

the applicant does not request an appeal, the decision of the Board to deny the

application is deemed final.

     7.  If the Board approves the registration of

an applicant, the applicant is eligible for employment with a licensee unless

the applicant’s registration expires, is suspended or is revoked.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,

eff. 10-15-2010)

      NAC 648.3395  Application for registration: Confidentiality. (NRS 648.030, 648.140, 648.1495)  An

application for registration is confidential. A licensee or any employee of a

licensee shall not access or use any information contained in an application

for any purpose unless:

     1.  The applicant provides written consent to

the licensee; or

     2.  Otherwise permitted by law.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,

eff. 10-15-2010)

      NAC 648.3403  Registration fees due from applicant. (NRS 648.030, 648.140, 648.1493)

     1.  The Board will charge and collect the

following fees for registration with the Board:

     (a) If the applicant submits to the Board two

fingerprint cards, $95; or

     (b) If the applicant submits to the Board a receipt

for the electronic submission of fingerprint cards, $85.

     2.  Each applicant must submit the fee

required by subsection 1 with the application for registration.

     3.  The fee required by this section is in

addition to any other fee required by law.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,

eff. 10-15-2010)

      NAC 648.341  Examination: Administration; verification of passing score. (NRS 648.030, 648.140)  Before a

licensee employs an unlicensed person, a private patrol officer or security

guard who is licensed by the Board must:

     1.  Administer an examination provided by the

Board and ensure that the unlicensed person passes the examination with a score

of 100 percent;

     2.  Verify that the unlicensed person has

passed an examination administered by the Board with a score of 100 percent; or

     3.  Verify that the unlicensed person has

passed an examination administered by another licensee within the immediately

preceding 60 months with a score of 100 percent.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R190-99,

1-18-2000, eff. 10-1-2000; A by R190-99, 1-18-2000, eff. 10-1-2002; R017-05, 5-4-2006;

R047-12, 10-23-2013)

      NAC 648.342  Examination: Scope. (NRS 648.030, 648.140)  The

examination provided by the Board and administered by the licensee must be

designed to ensure that each registered employee has a familiarity with and a

thorough understanding of core topics, and must include, without limitation:

     1.  Recognizing noncompliance with specific

laws, including, without limitation, NRS

171.126, 199.310, 199.430, 207.200, 648.013, 648.016, subsection 5 of NRS 648.030, NRS 648.060, 648.063, 648.140, 648.160, 648.200 and 648.203;

     2.  Recognizing noncompliance with specific

regulations, including, without limitation, subsection 3 of NAC 648.334, NAC 648.338

and subsection 5 of NAC 648.431;

     3.  General rights of citizens;

     4.  Powers of arrest; and

     5.  Limits of authority.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R190-99,

1-18-2000, eff. 10-1-2000)

      NAC 648.343  Date of examination of employee to be recorded on Internet

website for system of records; duties of licensee; proof that employee passed

examination. (NRS

648.030, 648.140)

     1.  A private patrol officer or security

guard licensed by the Board who administers an examination provided by the

Board to an unlicensed person shall record the date of the examination on the

unlicensed person’s record on the Internet website established pursuant to NAC 648.3435 within 5 business days after the date of

the examination.

     2.  The licensee shall keep a copy of the

results of the examination on file for 60 months after the date of the

examination. The Board may audit the records of the licensee. The licensee

shall notify the Board through the Internet website established pursuant to NAC 648.3435 within 10 days after the licensee

terminates the employment of an unlicensed employee.

     3.  As proof that an unlicensed employee has

passed the examination with a score of 100 percent, a licensee may accept a

card issued for that purpose by the Board to the unlicensed employee which

contains the results of the examination or verify the examination through the

Internet website established pursuant to NAC 648.3435.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R190-99,

1-18-2000, eff. 10-1-2000; A by R017-05, 5-4-2006; R047-12, 10-23-2013)

      NAC 648.3435  Internet website for system of records regarding certain persons;

confidentiality of information contained in system of records. (NRS 648.030, 648.140, 648.1495)

     1.  The Board will establish and maintain an

Internet website that contains a system of records which:

     (a) Contains information regarding:

          (1) Each person who is registered with the

Board, including, without limitation, the contact information of the licensee

who employs the person; and

          (2) Each person who has applied for

registration with the Board, including, without limitation, the contact

information of the person; and

     (b) Identifies each person whose registration is

expired, is denied by the Board, or is otherwise suspended or revoked.

     2.  The portion of the Internet website that

contains the system of records may only be accessed in the manner authorized by

this section and NAC 648.3385.

     3.  Before a licensee grants any employee

access to the portion of the Internet website that contains the system of

records maintained by the Board, the licensee shall provide the Board with the

name, social security number and date of birth of the employee.

     4.  Upon the termination of employment of the

employee or the reassignment of the employee to a position that no longer

requires the employee to access the portion of the Internet website that

contains the system of records, the licensee shall immediately notify the Board

of the termination or reassignment.

     5.  Except as otherwise provided in this

section and NAC 648.3385, the information

contained in the system of records is confidential and must not be disclosed by

any licensee or employee of a licensee.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,

eff. 10-15-2010; A by R047-12, 10-23-2013)

      NAC 648.344  Change of employment notice. (NRS 648.030, 648.140, 648.1495)

     1.  If a person who is registered becomes

employed by another or additional licensee, the new employer shall file a

change of employment notice with the Board by entering the information required

by the Board into the system of records contained on the Internet website

established pursuant to NAC 648.3435 not later

than 5 business days after the employee becomes employed with the new employer.

     2.  A person is deemed provisionally

registered as an employee upon the filing of a change of employment notice in

accordance with subsection 1. The provisional registration is valid for 90 days

after the provisional registration is issued by the Board, unless the Board

denies, suspends or revokes the provisional registration.

     3.  The filing of the change of employment

notice does not affect the date on which the registration of the employee

expires.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,

eff. 10-15-2010)

      NAC 648.3443  Suspension and reinstatement of provisional registration. (NRS 648.030, 648.140, 648.1493)

     1.  The Board may suspend a provisional

registration issued pursuant to NRS

648.1495 if the Board determines that:

     (a) The application for the provisional

registration is not complete; or

     (b) The fingerprints submitted by the applicant are

illegible or unclassifiable.

     2.  If the Board suspends a provisional

registration pursuant to subsection 1, the Board shall notify the applicant and

his or her employer of the suspension. The applicant shall not work as an

employee of a licensee until the Board reinstates the provisional registration.

     3.  If the Board reinstates the provisional

registration of the applicant, the period during which the provisional

registration was suspended pursuant to this section must not be included in the

90 days during which the Board may deny the provisional registration pursuant

to NAC 648.339.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,

eff. 10-15-2010)

      NAC 648.3447  Reapplication following denial, suspension or revocation of

registration. (NRS

648.030, 648.140, 648.1493)

     1.  Except as otherwise provided in

subsection 2, an applicant whose registration has been denied, suspended or

revoked by the Board may not reapply for registration earlier than 1 year after

the date of the final decision of the Board to deny, suspend or revoke the

registration of the applicant.

     2.  An applicant whose registration has been

denied, suspended or revoked by the Board on two or more occasions may not

reapply for registration earlier than 5 years after the date of the most recent

decision of the Board to deny, suspend or revoke the registration of the

applicant.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09,

eff. 10-15-2010)

CARRYING, HANDLING AND USING FIREARMS SAFELY

      NAC 648.345  Prerequisites; certification of firearms instructors; renewal. (NRS 648.030, 648.120)

     1.  A licensee or an employee who is

registered pursuant to NRS 648.1493

may not carry any firearm while performing the duties for the type of business

for which he or she is licensed or employed unless the licensee or employee:

     (a) Is certified by the Board as a firearms

instructor pursuant to subsection 2; or

     (b) Has successfully completed and received

certification from a course of training approved by the Board in carrying,

handling and using firearms safely.

     2.  The Board may certify a person who meets

the requirements of subsection 1 of NRS

648.110 as a firearms instructor in carrying, handling and using firearms

safely if the applicant:

     (a) Is at least 21 years of age.

     (b) Has not been convicted of a felony or any crime

involving the illegal use or possession of a firearm.

     (c) Submits a completed application with proof

satisfactory to the Board of the applicant’s qualifications and experience and

pays a fee of $100. The application must include:

          (1) A detailed statement of the applicant’s

qualifications and experience in carrying, handling and using firearms.

          (2) A detailed statement of the applicant’s

qualifications and experience in providing instruction to other persons in

carrying, handling and using firearms safely, including, without limitation,

the applicant’s experience in providing instruction to peace officers, security

officers or military personnel in carrying, handling and using firearms safely.



          (3) Evidence of the applicant’s successful

completion of at least 40 hours of training on the instruction of peace

officers, security officers or military personnel in carrying, handling and

using firearms safely, and evidence of the applicant’s certification as an

instructor for peace officers, security officers or military personnel for each

type of firearm for which the applicant wishes to provide such instruction.

     (d) Successfully passes a written examination for

firearms instructors, which must include, without limitation, questions

relating to:

          (1) The applicable federal and state laws and

regulations, local government ordinances and court decisions related to

carrying, handling and using firearms and the use of deadly force.

          (2) The requirements of this chapter and chapter 648 of NRS and any administrative

requirements.

          (3) The civil and criminal liability related

to carrying, handling and using firearms and the use of deadly force.

          (4) The process for conducting and the

contents of the minimum curriculum for a course of training in carrying,

handling and using firearms safely pursuant to NAC

648.346.

     (e) Successfully passes a live fire skills test for

firearms instructors by:

          (1) Demonstrating each of the skills required

by the minimum curriculum for a course of training in carrying, handling and

using firearms safely pursuant to NAC 648.346.

          (2) Qualifying with the course of fire

established by the Board pursuant to NAC 648.346

with a minimum score of 275 out of 300 on a full-size B27-type target for each

type of firearm for which the applicant wishes to provide such instruction.

          (3) Demonstrating knowledge of the minimum

curriculum for a course of training in carrying, handling and using firearms

safely pursuant to NAC 648.346 by successfully

teaching any section of the course with not more than 15 minutes of notice from

an instructor designated by the Board.

Ê At any time

during the live fire skills test, an instructor designated by the Board may

prohibit an applicant from proceeding because the applicant has demonstrated a

skill deficiency or has committed a safety violation.

     3.  To renew the applicant’s certification as

a firearms instructor, the applicant must:

     (a) Submit an application for renewal to the Board

on or before July 1 next following the date the certificate was issued or last

renewed;

     (b) Submit proof satisfactory to the Board of the

completion of at least 8 hours of education or training on the subjects

described in NAC 648.346 within the previous 12

months; and

     (c) Pay a fee to the Board of $100.

     4.  As evidence of a person’s certification

as a firearms instructor or renewal thereof, the Board will issue to the person

a certification card which he or she shall carry on his or her person.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-13-85;

A 9-18-87; 4-22-93; 10-25-93; R009-10, 8-13-2010; R047-12 & R067-12,

10-23-2013)

      NAC 648.346  Course of training: Required curriculum; written examination;

instruction and training on firing range; request for exemption by certain

instructors; substitute course. (NRS 648.030)

     1.  Except as otherwise provided in

subsection 5, the minimum curriculum for a course of training in carrying,

handling and using firearms safely that is taught for the purposes of NRS 648.030 must include

instruction designed to teach:

     (a) The legal and civil responsibilities of

carrying, handling and using a firearm, including:

          (1) The applicable federal and state laws and

regulations and local governmental ordinances related to carrying, handling and

using firearms and the use of deadly force.

          (2) The civil and criminal liability related

to carrying, handling and using firearms and the use of deadly force.

          (3) The consequences and risks related to

carrying, handling and using firearms and the use of deadly force.

          (4) The elements of self-defense, using a

weapon in self-defense and the use of force.

          (5) Recent court decisions related to

carrying, handling and using firearms and the use of deadly force.

     (b) The terminology related to and the maintenance

of different types of firearms and their related systems, including:

          (1) The operational and mechanical systems and

parts of a firearm and the related terminology.

          (2) The types of ammunition and their

ballistic properties and effective uses.

          (3) The inspection, storage and general care

of ammunition.

          (4) The inspection, care, cleaning and

maintenance of a firearm.

     (c) Carrying, handling and using a firearm safely,

including:

          (1) The safe handling, use and storage of

firearms when off duty.

          (2) The safe transportation of a firearm.

          (3) The appropriate methods of safely carrying

a firearm while on duty.

          (4) Safety and accessory equipment available

to carry, handle and use a firearm safely.

     (d) The fundamentals of safe handling and shooting

of firearms, including:

          (1) The fundamentals of operating a handgun.

          (2) The general differences among handguns.

          (3) The proper procedures and devices for

loading, unloading and reloading a firearm.

          (4) The fundamentals of shooting, such as the

use of sights, sight picture and alignment, control of the trigger, breathing

and firing in a single or double action.

          (5) Proper techniques for gripping a handgun

and shooting positions.

          (6) Procedures for drawing and reholstering a

firearm and techniques for retaining a firearm.

          (7) The various positions for shooting when

standing or kneeling.

          (8) The use of barricades or other forms of

cover and alternate shooting positions.

     (e) The preparation for shooting at a firing range,

including:

          (1) The location of the range.

          (2) The equipment to be used at the range.

          (3) The course of fire.

          (4) Targets to be used.

          (5) Commands at the range.

          (6) Safety and etiquette at the range.

     (f) Exercises to be used at a firing range and the

practical use of a firearm at the firing range, including:

          (1) The review of safety procedures and

etiquette at the firing range and a safety inspection of all firearms, holsters

and accessories.

          (2) Practicing drawing and holstering.

          (3) Dry firing, the manipulation of the

trigger and follow through.

          (4) The procedures for loading, unloading and

reloading.

          (5) Exercises for firing with live ammunition

to practice proper shooting techniques while firing at targets with a firearm

of the same type and caliber as the firearm the person will use while on duty.

          (6) Qualifying with a course of fire

established by the Board, using a firearm of the same type and caliber as the

firearm the person will use while on duty. The course of fire must require

firing at least 30 rounds of live ammunition with a passing score of 75

percent, and must include drawing and:

               (I) Shooting 5 rounds of ammunition from

a distance of 3 yards in 15 seconds using only the dominant hand;

               (II) Transferring the firearm to the

support hand and shooting 5 rounds of ammunition from a distance of 3 yards in

15 seconds using only the support hand;

               (III) Shooting 5 rounds of ammunition

while standing, reloading the firearm and shooting 5 rounds of ammunition while

kneeling, from a distance of 7 yards in 30 seconds; and

               (IV) Shooting 5 rounds of ammunition

while standing, reloading the firearm and shooting 5 rounds of ammunition while

kneeling, from a distance of 15 yards in 30 seconds,

Ê on a

full-size B27-type target. The scoring areas on the target are the “X” in the

center of the target, which receives a score of 10, and the 10, 9, 8 and 7

rings. Any hits outside of such areas do not receive a score.

     2.  Except as otherwise provided in

subsection 5, the course must consist of:

     (a) Eight hours of training and instruction on

carrying, handling and using a firearm safely, including the completion of a

written examination designated by the Board, with a passing score of 75

percent.

     (b) A minimum of 5 hours of instruction and

training on a firing range during which each person must qualify using a

firearm of the same type and caliber as the firearm the person will use while

on duty.

     3.  The course must be completed within a

period of 14 days. Each day of the course must consist of a number of contact

hours of training. Not more than 9 contact hours of training may occur on any

day.

     4.  If a person fails to complete the written

examination with a passing score of 75 percent as specified in paragraph (a) of

subsection 2 or to qualify using a firearm of the same type and caliber as the

firearm the person will use while on duty as specified in subparagraph (6) of

paragraph (f) of subsection 1:

     (a) Except as otherwise provided in paragraph (b),

the person must repeat the course in full before retaking the written

examination and firearm qualification.

     (b) At the discretion of the instructor, for good

cause shown, the person may retake the written examination and the firearm

qualification without repeating the course in full if the person completes such

remedial training as the instructor determines is appropriate, taking into

account the person’s performance on the previous written examination and

firearm qualification. The instructor may charge an additional fee for the

remedial training.

     5.  If a firearms instructor is unable to

provide a course which meets the requirements of this section because he or she

provides security on a military installation and has no other reasonable means

to provide the training and qualification required for such a course, he or she

may submit a written request to the Executive Director asking for an exemption

from those requirements and permission to offer a course with substitute

training and qualification for persons employed on that military installation.

When requesting an exemption pursuant to this subsection, the firearms

instructor must provide:

     (a) Proof of his or her inability to provide a

course which meets the requirements of this section and to make reasonable

accommodations to provide the training and qualification required for such a

course; and

     (b) A copy of the proposed substitute training and

qualification and a signed affirmation, on a form provided by the Board,

acknowledging that any person who successfully completes the course is required

to sign a form pursuant to subsection 6.

Ê The Executive

Director may, in his or her discretion and on a case-by-case basis, grant an

exemption pursuant to this subsection after taking into consideration the

totality of the circumstances.

     6.  Before a person who successfully

completes a course pursuant to subsection 5 may carry a firearm on the military

installation on which he or she is employed, the person must sign an

affirmation, on a form provided by the Board, acknowledging that:

     (a) He or she is only authorized to carry a firearm

of the same type and caliber that he or she is qualified to carry and only on

the military installation where he or she is employed; and

     (b) The certification card issued to the person

pursuant to NAC 648.350 will be confiscated upon

termination of his or her employment on the military installation.

     7.  As used in this section, “contact hour”

means 50 minutes of instruction in a period of 60 minutes.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-18-87;

A 10-25-93; R009-10, 8-13-2010; R067-12, 10-23-2013)

      NAC 648.348  Course of training: Compliance with established curriculum;

failure to comply; request for exemption to conduct course outside this State. (NRS 648.030)

     1.  A person who is certified as a firearms

instructor by the Board shall not conduct a course of training in carrying,

handling and using firearms safely for the purposes of NRS 648.030 unless the course

follows the curriculum established in NAC 648.346.

     2.  A person who fails to comply with

subsection 1 is subject to:

     (a) The issuance of a letter by the Executive

Director that requires the person to cease and desist conducting the course of

training;

     (b) Disciplinary action, which may include, without

limitation, probation, suspension or revocation of his or her certification; or

     (c) A fine for the cost of any investigation into

the person’s failure to comply with that subsection.

     3.  Except as otherwise provided in this

subsection, all courses of training must take place within this State. The

Executive Director may, upon receipt of a written request by a firearms

instructor, grant an exemption and authorize the instructor to conduct a course

of training outside this State. As a condition of the Executive Director

granting such an exemption and in order to ensure that any such course complies

with the laws of this State, the instructor shall agree to reimburse the Board

for any fees and costs relating to the auditing of the course, including,

without limitation, investigative fees and traveling and lodging expenses for

any investigator involved in auditing the course. Any course of training that

occurs outside this State cannot be combined or taught simultaneously with any

other course of training.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-18-87;

A 10-25-93; R009-10, 8-13-2010; R067-12, 10-23-2013)

      NAC 648.350  Course of training: Certification of successful completion and

qualification with firearm; issuance of certification card; maintenance of

certification; repetition of course and request for exemption by certain

persons; fees; duties of certified person. (NRS 648.030)

     1.  To certify a person’s successful

completion of the course of training in carrying, handling and using firearms

safely, and his or her successful qualification with a firearm, a firearms

instructor shall, within 5 days of the person’s successful completion of the

course of training and on a form provided by the Board, submit to the Board the

person’s name and registration number, the time, date and location of the

course of training, and the certifications and qualifications that the person

obtained.

     2.  After receipt of the information

submitted pursuant to subsection 1, the Board will:

     (a) Issue to a person who has successfully

completed the course of training a plastic certification card which contains

the name, photograph and registration number of the person, the expiration date

of the person’s certification and the designated qualification months

established for that person pursuant to subsection 3; and

     (b) Maintain an electronic record for each person

who has been issued a certification card pursuant to paragraph (a) that

indicates whether the person’s card is valid and lists each type and caliber of

firearm that the person is certified to carry, handle and use.

     3.  A person who has been certified pursuant to

this section and who wishes to maintain his or her certification must

successfully qualify for certification every 6 months, on any day during his or

her designated qualification months. The designated qualification months are

determined by the month of the person’s initial qualification and will not

change. If, after a person’s initial qualification, the person successfully

qualifies for certification or for a different type or caliber of firearm

during a month that is not one of his or her designated qualification months,

the person must successfully qualify again during his or her next designated

qualification month, even if the period between such qualifications is less

than 6 months. The qualification cycle will be as follows:

 

Initial course month                                        Designated

qualification months

January or July                                                January

and July

February or August                                        February

and August

March or September                                       March

and September

April or October                                             April

and October

May or November                                          May

and November

June or December                                           June

and December

 

     4.  The certification card issued pursuant to

subsection 2 is valid for 5 years if the person successfully qualifies every

year during each of his or her designated qualification months on a course of

fire that is given by a certified firearms instructor and is approved by the

Board. If the person fails to qualify during any of his or her designated

qualification months, the card becomes invalid and the person shall not use a

firearm in the course of employment until he or she successfully qualifies.

     5.  Except as otherwise provided in this

subsection, if a person fails to qualify for at least 2 successive designated

qualification months or his or her certification card expires, he or she must

repeat the course of training. If a person fails to qualify during at least 2

successive designated qualification months or his or her certification card

expires because he or she is deployed on full-time active duty in the Armed

Forces of the United States, the person may request an exemption from repeating

the course of training by submitting a written request along with official

documentation of such deployment to the Executive Director. The Executive

Director may, in his or her discretion and on a case-by-case basis, grant an

exemption pursuant to this subsection after taking into consideration the

totality of the circumstances.

     6.  To cover the Board’s administrative costs

related to the certification and qualification of a person by a certified

firearms instructor, the instructor shall remit to the Board $25 for each certification

card issued by the Board pursuant to this section and $5 for each qualification

of a person pursuant to subsection 3. If a person’s certification card is lost

or stolen, the person must remit to the Board $25 to obtain a replacement card.

     7.  The person to whom the certification card

is issued shall:

     (a) Have it in his or her possession while carrying

a firearm in the performance of his or her duties;

     (b) Produce it upon the request of any peace

officer or a representative of the Board; and

     (c) Not carry or possess a firearm in the

performance of his or her duties unless the certification card is valid.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-13-85;

A 9-18-87; 10-25-93; R009-10, 8-13-2010; R067-12, 10-23-2013)

      NAC 648.355  Duties of certified firearms instructors. (NRS 648.030)

     1.  Each certified firearms instructor shall:

     (a) On forms provided by the Board, keep written

records of the training and qualifications of every person who takes the

firearms instructor’s course;

     (b) Make the records available for inspection by

the Board or its authorized agent;

     (c) Maintain copies of the records for 7 years

after the date of the course;

     (d) Upon request, provide a copy of the records to

the Board;

     (e) Upon request, provide information concerning

the location of the firearms instructor’s classroom and firing range, the dates

and times of the instruction and the maximum number of persons enrolled per

class;

     (f) Maintain all applicable state, county and local

business licenses and permits as required by any law, regulation or local

government ordinance of this State; and

     (g) Maintain a policy of workers’ compensation

insurance as required by law.

     2.  To ensure compliance with applicable

statutes and regulations, a firearms instructor shall provide to an employee,

agent or representative of the Board, upon request, during normal business

hours:

     (a) Access to the firearms instructor’s classroom

and the firing range during his or her instruction;

     (b) Access to the materials he or she uses to teach

the course;

     (c) A list of the names of all persons enrolled in

the course;

     (d) A list of the names of all instructors, safety

officers and support personnel assisting with the course; and

     (e) A copy of each person’s written examination,

which indicates the results of the examination, and a completed skill sheet for

each person enrolled in the class.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-18-87;

A 10-25-93; R067-12, 10-23-2013)

POLYGRAPHIC EXAMINERS AND EXAMINATIONS

     NAC 648.360  Approved instruments. (NRS 648.030, 648.185)  Analog

or computerized polygraphic instruments produced by the following

manufacturers, when adjusted properly, are approved for use in conducting

polygraphic examinations:

     1.  Axciton Systems, Inc.;

     2.  Lafayette Instrument Company;

     3.  Limestone Technologies, Inc.; or

     4.  Stoelting Company.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-13-85;

A by R166-06, 11-13-2006; R047-12, 10-23-2013)

      NAC 648.365  Standards of accuracy and reliability of instruments;

verification of standards. (NRS 648.030, 648.185)

     1.  Each polygraphic instrument must meet the

minimum standards of accuracy and reliability established by the manufacturer

of the instrument.

     2.  A polygraphic examiner shall verify that

a polygraphic instrument meets these standards at least once during each 30

days the instrument is in use and shall maintain a record of that verification.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 11-13-85;

A by R047-12, 10-23-2013)

      NAC 648.370  Interns: Qualifications of supervising examiner. (NRS 648.030)

     1.  An applicant for licensure as an intern in

polygraphic examination must submit to the Board the name of the examiner who

has agreed to supervise the applicant’s activities during the internship.

     2.  The supervising examiner must be a

person:

     (a) Who is licensed or certified by the Board as a

polygraphic examiner; and

     (b) Whom the Board determines, after considering

the examiner’s other responsibilities and his or her proximity to the intern,

to be able to provide adequate supervision of the intern’s polygraphic

activities.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted

in revision for NAC 648A.030)

      NAC 648.375  Interns: Phases of supervision; responsibility of supervising

examiner. (NRS

648.030)

     1.  An internship in polygraphic examination

consists of the following phases of supervision:

     (a) During the first 25 examinations conducted by

the intern, the supervising examiner shall directly and personally supervise

and review all polygraphic activities of the intern.

     (b) During the remainder of the internship, the

supervising examiner shall directly and personally supervise and review the

polygraphic activities of the intern at least once a week.

     2.  During the entire period of the

internship, the supervising examiner is responsible for all the polygraph

activities of the intern.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83;

A by R047-12, 10-23-2013)—(Substituted in revision for NAC 648A.040)

      NAC 648.380  Reports of intern’s progress. (NRS 648.030)

     1.  Each supervising examiner shall prepare

and submit to the Board quarterly reports of the progress of the intern during

the first year of the internship. The quarterly reports must be made on a form

provided by the Board. Each quarterly report must be delivered to the Executive

Director no later than 2 weeks before the regularly scheduled meeting of the

Board for the quarter in which the report is due.

     2.  If the Board requests the supervising

examiner to do so, he or she shall submit semiannual reports of the intern’s

progress during the remaining 2 years of the internship.

     3.  Upon the Board’s request, the supervising

examiner and the intern shall furnish it with charts, logs and other documents

showing the polygraphic examinations performed by the intern. The Board will

maintain in strict confidentiality the identities of the persons examined. All

such documents furnished to the Board will be returned to the supervising

examiner.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83;

A 4-22-93)

      NAC 648.385  Supervising examiners: List of interns; termination of

relationship; termination of status. (NRS 648.030)

     1.  A supervising examiner shall keep on file

with the Board a current list containing the names of all the interns under his

or her supervision.

     2.  Either an intern or the intern’s

supervising examiner may terminate their relationship by notifying the Board of

the termination. The supervising examiner shall then prepare a document

containing an evaluation of each phase of the polygraphic activities of the

intern and furnish the document to the succeeding supervising examiner, if any,

and to the Board.

     3.  Any failure of a supervising examiner to

comply with the provisions in this chapter governing internships constitutes a

ground for the Board to terminate his or her status as a supervising examiner.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted

in revision for NAC 648A.060)

      NAC 648.390  Demonstration of completion of internship. (NRS 648.030, 648.110)  An

applicant for a polygraphic examiner’s license who has been conducting

polygraphic examinations in this State under an intern’s license issued by the

Board must demonstrate that he or she has participated in and completed the program

of internship in accordance with NAC 648.370, 648.375 and 648.380.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted

in revision for NAC 648A.070)

      NAC 648.395  Licensing: Required instruction.

(NRS 648.030, 648.110)  An

applicant for an intern’s license or a polygraphic examiner’s license must:

     1.  Provide the Board evidence that the

applicant has successfully completed a basic course of instruction in

polygraphic examination which was given by a school certified by the American

Polygraph Association; or

     2.  Demonstrate to the Board that the

applicant has successfully completed an equivalent course.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted

in revision for NAC 648A.080)

      NAC 648.400  Licensing on basis of reciprocity. (NRS 648.030, 648.115)

     1.  An applicant who seeks to have the Board

issue him or her a polygraphic examiner’s license on the basis of reciprocity

must designate in the application the primary jurisdiction in which the

applicant has been issued such a license.

     2.  The application must be accompanied with

evidence that the applicant met the standards and requirements of the primary

jurisdiction. Copies of materials contained in the licensing file of the

primary jurisdiction may be used to satisfy this requirement.

     3.  In addition, the applicant must:

     (a) Demonstrate that the licensing requirements of

the primary jurisdiction at the time the applicant’s license was issued were

equivalent to the licensing requirements in force in this State. The applicant

may so demonstrate by providing the Board with:

          (1) All applicable statutes and regulations

regarding the licensing of polygraphic examiners in the primary jurisdiction;

and

          (2) Any other information provided by that

jurisdiction concerning its standards for licensing, including its

examinations; and

     (b) Unless the Board already has such a letter,

obtain from that jurisdiction a letter stating that persons who are licensed in

Nevada may obtain licenses by reciprocity in that jurisdiction.

     4.  As used in this section, “primary

jurisdiction” means the jurisdiction in which the applicant:

     (a) Obtained such a license by meeting the

jurisdiction’s substantive standards for the licensing and not by means of his

or her prior licensing in some other jurisdiction; and

     (b) Holds such a license and is in good standing.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 12-28-83)—(Substituted

in revision for NAC 648A.090)

ADMINISTRATIVE PROCEEDINGS

      NAC 648.410  Petitions concerning regulations: Filing. (NRS 648.030)

     1.  Any interested person may petition the

Board requesting the adoption, amendment or repeal of any regulation.

     2.  The petition must be:

     (a) In writing, be signed by the petitioner and

contain a statement of the relevant data, views and arguments in support of the

action sought;

     (b) Accompanied by a draft of the proposed

regulation in a form suitable for submission to the Legislative Counsel for

review; and

     (c) Filed with the Executive Director.

     3.  An original and five legible copies of

the petition must be filed with the Executive Director. An original and six

legible copies of the draft of the proposed regulation must be filed.

     [Priv. Investigator’s Lic. Bd., §§ 20, 21 and 22, eff.

7-2-75]—(NAC A 4-22-93)

      NAC 648.420  Petitions concerning regulations: Consideration. (NRS 648.030)  The

Board will:

     1.  Consider each petition to adopt, amend or

repeal a regulation as follows:

     (a) If the petition is filed with the Executive

Director 30 days or more before a regularly scheduled meeting of the Board, the

petition will be considered at that meeting.

     (b) If the petition is filed with the Executive

Director less than 30 days before a regularly scheduled meeting of the Board,

the petition will be considered at the second regularly scheduled meeting after

it is filed.

     2.  Within 30 days after considering the

petition:

     (a) Adopt the proposed regulation in whole or in

part; or

     (b) Deny the petition and state the reasons for

denial in writing.

     [Priv. Investigator’s Lic. Bd., § 26, eff. 7-2-75]—(NAC

A 4-22-93)

      NAC 648.430  Petitions for declaratory orders or advisory opinions. (NRS 648.030)

     1.  An applicant or licensee may petition the

Board for a declaratory order or advisory opinion concerning the interpretation

or applicability of any provision of a statute or regulation or of any decision

of the Board which directly affects the applicant or licensee in conducting

activities required to be licensed by chapter

648 of NRS.

     2.  The petition must be in writing and

signed by the petitioner.

     3.  An original and five legible copies of

the petition must be filed with the Executive Director.

     4.  The petition must be submitted to the

Board at its next regularly scheduled meeting.

     5.  The Board will issue a declaratory order

or advisory opinion within 30 days after its meeting.

     [Priv. Investigator’s Lic. Bd., § 26, eff. 7-2-75]—(NAC

A 4-22-93)

      NAC 648.431  Notice of violation: Imposition of fine. (NRS 648.030, 648.162)

     1.  If a notice of violation is issued, the

Board will impose a fine of not more than the following amounts for violations

of the provisions listed:

 



 





First





Second





Third







 





Offense





Offense





and







 





 





 





Subsequent







 





 





 





Offense







 





 





 





 







NRS 648.135......................................................





$50





$100





$200







Subsection 2 of NRS 648.142............................





25





50





75







Subsection 3, 4

or 5 of NRS 648.142................





50





100





200







Subsection 1 of NAC 648.530...........................





50





100





200







 





 





 





 







 

     2.  If a notice of violation is issued, the

Board will impose a fine of not more than the following amounts for violations

of the provisions listed:

 



Subsection 1 of NRS 648.148........................................................................................... $50







Subsection 2 of NRS 648.148............................................................................................. 75







Subsection 1 of NRS 648.149............................................................................................. 50







NAC 648.380....................................................................................................................... 25







NAC 648.525..................................................................................................................... 100







 

     3.  If a notice of violation is issued, the

Board will impose a fine upon a licensee calculated per employee of not more

than the following amounts for violations of the provisions listed:

 



 





First





Second





Third







 





Offense





Offense





and







 





 





 





Subsequent







 





 





 





Offense







 





 





 





 







Subsection 2 of NRS 648.060............................





$50





$75





$100







Subsection 2 or

3 of NRS 648.140....................





25





 





 







NAC 648.343.....................................................





25





 





 







Subsection 1 of NAC 648.345...........................





750





 





 







 





 





 





 







 

     4.  If a notice of violation is issued, the Board

will impose a fine of not more than:

     (a) For the first violation of a provision of NAC 648.350, $500; and

     (b) For the first violation of subsection 2 of NAC 648.530, $300.

Ê In the case

of a second or subsequent violation, the Board will take any disciplinary

action authorized pursuant to NRS

648.175 which the Board deems appropriate.

     5.  If a notice of violation is issued, the

Board will impose a fine of not more than $150 on a licensee’s employee who

violates subsection 4 of NAC 648.345.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-7-94;

A by R086-07, 1-30-2008; R047-12, 10-23-2013)

      NAC 648.433  Notice of violation: Service and filing; payment of fine. (NRS 648.030, 648.160, 648.162)

     1.  A copy of the notice of violation must be

served personally or by certified or registered mail. The original notice must

be filed in the office of the Board.

     2.  A fine imposed in a notice of violation

must be paid by cashier’s check or money order.

     3.  The Board may, upon request, arrange a

schedule of payments for the payment of such a fine.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-7-94)

      NAC 648.437  Citation: “Reasonable time for abatement of the violation”

interpreted. (NRS

648.030, 648.165)  As used

in NRS 648.165, the Board will

interpret “reasonable time for abatement of the violation” to mean not later

than 3 days after the issuance of a citation containing an order of abatement.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-7-94)

      NAC 648.439  Citation: Service and filing; payment of fine. (NRS 648.030, 648.165)

     1.  A copy of a citation issued pursuant to NRS 648.165 must be served

personally or by certified or registered mail. The original citation must be

filed in the office of the Board.

     2.  A fine assessed pursuant to subsection 4

of NRS 648.165 must be paid by

cashier’s check or money order.

     3.  The Board may, upon request, arrange a

schedule of payments for the payment of such a fine.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 7-7-94)

      NAC 648.440  Disciplinary hearings: Procedure.

(NRS 648.030, 648.166, 648.170)

     1.  The Chair, member or hearing officer

appointed to conduct the hearing shall convene it at the time and place

specified in the notice. The presiding officer may continue the hearing without

further notice for good cause.

     2.  The decision of the Board will be based

exclusively on substantive evidence adduced at the hearing and upon matters

officially noticed.

     3.  Each board member may use his or her

experience, technical competence and specialized knowledge in the evaluation of

evidence.

     4.  The presiding officer shall begin the

hearing by reading the complaint and the notice of the hearing into the record.

The hearing will be conducted in the following order unless the Board or

hearing officer, for good cause shown or to prevent manifest injustice, orders

otherwise:

     (a) An opening statement may be made on behalf of

the Board.

     (b) An opening statement on behalf of the licensee,

which may be made, reserved until the close of the hearing or waived.

     (c) Presentation of the Board’s case, followed by

cross-examination.

     (d) Presentation of the licensee’s case, followed

by cross-examination.

     (e) Rebuttal, limited to issues previously raised.

No new matter may be presented at this time unless the Board so permits for

good cause shown.

     (f) Argument on behalf of the Board, which may be

waived.

     (g) Argument on behalf of the licensee, which may

be waived.

     (h) Submission of the matter for decision.

     [Priv. Investigator’s Lic. Bd., part § 28, eff. 7-2-75]

      NAC 648.450  Disciplinary hearings: Counsel. (NRS 648.030, 648.166, 648.170)  A

licensee may be represented at a disciplinary hearing by counsel who is

admitted to practice before the Supreme Court of Nevada or by counsel who is

admitted to practice before the highest court of another state if the counsel

appears in association with counsel admitted to practice before the Supreme

Court of Nevada.

     [Priv. Investigator’s Lic. Bd., § 27, eff. 7-2-75]

      NAC 648.460  Disciplinary hearings: Decision.

(NRS 648.030, 648.166, 648.170)  As soon

as practical after a disciplinary hearing, but not more than 45 days after the

hearing, the Board will render a decision consisting of findings of fact,

conclusions of law and the order. A copy of the decision must be served upon

the licensee and upon the licensee’s attorney of record, if any.

     [Priv. Investigator’s Lic. Bd., part § 28, eff. 7-2-75]—(NAC

A 7-18-88)

PROGRAMS OF SELF-INSURANCE

      NAC 648.480  Eligibility. (NRS 648.030, 648.135)  To be

eligible to maintain self-insurance, a licensee shall:

     1.  Place on deposit with a recognized

financial institution insured by the Federal Deposit Insurance Corporation, not

less than $200,000 in cash, a certificate of deposit in the same amount or a

similar deposit which is acceptable to the Board. The licensee must furnish to

the Board evidence of the deposit. No amount of the deposit may be withdrawn unless

the withdrawal is cosigned by an authorized agent of the Board.

     2.  Be financially responsible for all

wrongful acts alleged against the licensee and his or her employees.

     3.  Provide the Board with the name of the

licensee’s authorized agent in this State who will accept legal process.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89)

      NAC 648.485  Statement of scope of coverage. (NRS 648.030, 648.135)  A

licensee who is self-insured shall provide the Board with a statement of the

scope of coverage provided, including any act for which coverage is not

provided.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89)

      NAC 648.490  Application for qualification; effective date of program. (NRS 648.030, 648.135)

     1.  A licensee wishing to qualify as a

self-insured licensee must submit an application to the Board. The application

must be signed by the licensee or, if the licensee is a corporation, by an

officer of the corporation.

     2.  An application must include:

     (a) An audited financial report of the licensee’s

business covering the 3 years immediately preceding the date of the

application; and

     (b) A copy of the licensee’s proposed program of

self-insurance.

     3.  A program of self-insurance becomes

effective when it is approved by the Board or the Executive Director.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89;

A 4-22-93)

      NAC 648.495  Insolvency of licensee. (NRS 648.030, 648.135)

     1.  If a self-insured licensee becomes

insolvent, the financial institution in which the deposit required by NAC 648.480 is made shall immediately give written

notice to the Board regarding the licensee’s insolvency.

     2.  Upon receipt of the notice, the Board may

apply to a court of competent jurisdiction to have the deposit held for not

more than 2 years to pay any claims made against the licensee.

     3.  If a self-insured licensee becomes

insolvent, he or she may, if allowed by the Board, present evidence to the

Board that the licensee’s program of self-insurance should be allowed to

continue. Such evidence must be presented not later than 10 days after the

Board receives notice that the licensee is insolvent.

     4.  For the purposes of this section, a

licensee is insolvent if:

     (a) The amount of the licensee’s deposit is reduced

below $200,000; or

     (b) The financial institution in which the deposit

is made has reasonable cause to believe that the deposit will be so reduced.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 1-27-89)

MISCELLANEOUS PROVISIONS

      NAC 648.510  Branch managers. (NRS 648.030)

     1.  The Board may investigate the background

of any person whom the licensee proposes to appoint as manager of a branch

office of the licensee’s business, before the person assumes the duties of the

position.

     2.  The manager of a branch office is not

required to obtain a license solely because of his or her employment as

manager.

     [Priv. Investigator’s Lic. Bd., eff. 11-12-69]

      NAC 648.520  Operation of corporation upon death or disability of or cessation

of affiliation with corporation by qualified person. (NRS 648.030)

     1.  If the person who is affiliated with a

corporation and who possesses the qualifications required for the license

issued to the corporation dies, becomes disabled or ceases to be affiliated

with the corporation, the corporation may continue to conduct its operations,

but not for more than 120 days. If after 120 days the corporation has not

affiliated with another qualified person, it shall cease to do business. For

the purposes of this subsection, a person licensed as a qualified agent of a

corporation ceases to be affiliated with it when he or she is no longer

fulfilling his or her obligations under a contract which has been made between him

or her and the corporation and approved pursuant to NAC

648.250.

     2.  If the corporation has affiliated with

another qualified person, it may continue to do business until the next regularly

scheduled meeting of the Board, at which meeting the Board will approve or

disapprove the affiliation of the qualified person with the corporation. If the

Board does not approve the affiliation of the person, it may permit the

corporation more time in which to affiliate with another qualified person who

holds a license from the Board. The additional time may not extend beyond the

next regularly scheduled meeting of the Board.

     [Priv. Investigator’s Lic. Bd., § 10, eff. 1-15-74; A 8-21-81]—(NAC

A by R047-12, 10-23-2013)

      NAC 648.525  Use of license number in advertisements and written

communications regarding business. (NRS 648.030)

     1.  In addition to the requirements set forth

in NRS 648.148, a licensee must

include his or her state-issued license number in every advertisement and in

any written communication which refers to the licensee’s business, or his or

her ability to conduct business, in this State.

     2.  As used in this section, “advertisement”

and “communication” include, without limitation:

     (a) Yellow-page listings or advertisements;

     (b) Brochures;

     (c) Business cards;

     (d) Letterhead or other official stationery;

     (e) Classified ads; or

     (f) Television, radio, vehicle or Internet

advertisements.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R182-05,

eff. 5-4-2006)

      NAC 648.530  Uniforms, badges and patches. (NRS 648.030)

     1.  If an applicant or licensee intends to

use a uniform, badge or patch in connection with licensed activities, the

applicant or licensee must submit with the application or before use of the

uniform, badge or patch a color photograph which accurately depicts the

features of the uniform, badge or patch.

     2.  A licensee must not use a uniform, badge

or patch in connection with the licensee’s business which is the same as or

deceptively similar to a uniform, badge or patch used by any other licensee or

law enforcement agency in this State.

     [Priv. Investigator’s Lic. Bd., § 14, eff. 1-15-74]—(NAC

A 1-27-89)

      NAC 648.540  Business names. (NRS 648.030)  A

licensee may not use any business name, firm name or fictitious name which is

the same as or deceptively similar to the name used by any other licensee or

law enforcement agency in this State.

     [Priv. Investigator’s Lic. Bd., § 15, eff. 1-15-74]

      NAC 648.545  Private investigators: Service of subpoena in conjunction with

ongoing investigation. (NRS 648.030)  A

private investigator who holds a license issued pursuant to this chapter and chapter 648 of NRS may serve a subpoena

issued in conjunction with an ongoing investigation that the private

investigator is conducting if he or she does not charge a fee to serve the

subpoena.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R016-05,

eff. 9-18-2006)

PROHIBITED ACTS

     NAC 648.570  Prohibited acts by person neither licensed nor exempted from

licensure: Engaging as contractor in activities regulated by chapter 648 of NRS; submitting bid

relating to such activities; bid submitted in violation of section void. (NRS 648.030, 648.060)

     1.  A person who is not licensed pursuant to chapter 648 of NRS and is not exempt from

the provisions of chapter 648 of NRS

relating to licensure shall not act as a contractor for the purpose of engaging

in any activity regulated by chapter 648

of NRS or submit a bid relating to any such activity.

     2.  A bid submitted by a person described in

subsection 1 is void. The Board will consider the submission of such a bid as a

violation of NRS 648.060.

     (Added to NAC by Priv. Investigator’s Lic. Bd., eff. 10-20-95)
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