[Rev. 11/21/2013 12:59:53
PM--2013]
CHAPTER 648 - PRIVATE INVESTIGATORS,
PRIVATE PATROL OFFICERS, POLYGRAPHIC EXAMINERS, PROCESS SERVERS, REPOSSESSORS
AND DOG HANDLERS
GENERAL PROVISIONS
NRS 648.005 Definitions.
NRS 648.006 “Board”
defined.
NRS 648.0065 “Dog
handler” defined.
NRS 648.0067 “Intern”
defined.
NRS 648.0069 “License”
defined.
NRS 648.007 “Licensee”
defined.
NRS 648.008 “Manager”
defined.
NRS 648.0103 “Polygraph”
defined.
NRS 648.0106 “Polygraphic
examination” defined.
NRS 648.0109 “Polygraphic
examiner” and “examiner” defined.
NRS 648.012 “Private
investigator” defined.
NRS 648.013 “Private
patrol officer” defined.
NRS 648.014 “Process
server” defined.
NRS 648.015 “Repossessor”
defined.
NRS 648.0155 “Security
consultant” defined.
NRS 648.016 “Security
guard” defined.
NRS 648.017 License
as revocable privilege.
NRS 648.018 Applicability.
PRIVATE INVESTIGATOR’S LICENSING BOARD
NRS 648.020 Creation;
members; Chair; compensation of members and employees; representative of
general public prohibited from participation in examination.
NRS 648.025 Employment
of Executive Director, investigators and clerical personnel.
NRS 648.030 Duties
and powers.
NRS 648.033 Maintenance
and release of records by Board; confidentiality of certain records of Board;
exceptions.
NRS 648.036 Application
to district court for release of confidential information possessed by Board.
NRS 648.039 Board
may refuse to reveal identity of informant or information obtained from informant;
exception.
NRS 648.040 Creation
of Fund for the Private Investigator’s Licensing Board; deposit and use of
money received pursuant to chapter; delegation of authority to take disciplinary
action; deposit of fines.
NRS 648.045 Civil
liability.
LICENSING AND REGISTRATION
NRS 648.060 License
or registration required; employment of other persons by licensee.
NRS 648.061 Exemption
from required licensure as polygraphic examiner or intern.
NRS 648.063 Single
act for which license is required is violation.
NRS 648.065 Licensing
of persons engaged in various occupations on July 1, 1967.
NRS 648.070 Licensing:
Application; fee; reexamination.
NRS 648.075 Licensing:
Incomplete application; period of validity of application; summary denial of invalid
application; burden of proof; waiver of claim for damages resulting from
application.
NRS 648.080 Licensing:
Contents of application.
NRS 648.085 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or registration; duty of Board. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 648.085 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or registration; duty of Board. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings and expires by limitation 2 years after that date.]
NRS 648.100 Licensing:
Examinations; investigation of applicants; grounds for refusing to grant.
NRS 648.110 Licensing:
Qualifications of applicants; issuance.
NRS 648.115 Licensing:
Person licensed in another state.
NRS 648.120 Licensing:
Fees; license held in abeyance.
NRS 648.135 Licensing:
Maintenance of insurance or acting as self-insurer; minimum limits of
liability; proof.
NRS 648.140 Licensing:
Rights of licensees; local ordinances; registered employees.
NRS 648.142 Licensing:
Form, contents and posting of license; pocket cards; change of address; license
not assignable.
NRS 648.144 Licensing:
Expiration of licenses and pocket cards; renewals.
NRS 648.146 Licensing:
Forfeiture of license; reinstatement; fee.
NRS 648.148 Licensing:
Licensee to maintain principal place of business in this State; address of
principal place of business to be filed with Board; advertising.
NRS 648.149 Licensing:
Branch offices; fee.
NRS 648.1493 Registration:
Requirements; application; qualifications; pocket cards; expiration; renewal;
appeal of denial of registration; regulations.
NRS 648.1495 Registration:
Provisional registration authorized in county whose population is 100,000 or
more; expiration.
DISCIPLINARY PROCEEDINGS
NRS 648.150 Grounds
for disciplinary action.
NRS 648.155 Additional
grounds for disciplinary action against polygraphic examiners and interns.
NRS 648.157 Suspension
of license of private investigator who obtains or seeks access to certain
information from Department of Motor Vehicles for improper purpose; additional
disciplinary action authorized.
NRS 648.158 Suspension
of license or registration for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of license or registration. [Effective
until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 648.160 Investigation
of complaints; issuance of notice of violation; compelling attendance of
witnesses.
NRS 648.162 Notice
of violation: Contents; appeal.
NRS 648.164 Failure
of licensee or applicant to comply with notice of violation is grounds for
suspension, revocation or denial of license.
NRS 648.165 Issuance
of citations for unauthorized practice; cease and desist order; administrative
fines; appeal.
NRS 648.1655 Unlicensed
person prohibited from engaging in business of process server upon being served
with cease and desist order.
NRS 648.166 Hearing
after receipt of appeal; notice of hearing.
NRS 648.170 Contents
of complaint; notice and hearing.
NRS 648.174 Disciplinary
action not precluded by correction of conditions resulting from wrongful acts.
NRS 648.175 Authorized
disciplinary action; orders imposing discipline deemed public records.
NRS 648.177 Duty
to surrender license upon notice of suspension, revocation or refusal to renew.
NRS 648.181 Injunctive
relief; civil penalty.
POLYGRAPHIC EXAMINATIONS
NRS 648.183 Polygraphic
examination must meet minimum standards and be administered by licensed person
before considered or accepted into evidence.
NRS 648.185 Approval
of polygraph required; conditional approval.
NRS 648.187 Person
examined must be advised of right to refuse to answer incriminating or
degrading questions.
NRS 648.189 Explanation
of purpose of examination; consent; prohibited purposes.
NRS 648.191 Technique
for conducting examination.
NRS 648.193 Inquiries
into examinee’s religion, political affiliation, sexual activities or
affiliation with labor organization prohibited; exception.
NRS 648.195 Opinion
of examiner.
NRS 648.197 Chronological
log; polygraph charts; records; release of results of polygraphic examination.
NRS 648.199 Availability
of charts and records of examination to other polygraphic examiners.
UNLAWFUL ACTS; PENALTIES
NRS 648.200 Divulgence
of information; false reports.
NRS 648.203 Unlawful
to allow unregistered employee to work; use of fingerprints to determine
criminal history.
NRS 648.205 Waiver
of liability prohibited.
NRS 648.210 Penalties.
_________
GENERAL PROVISIONS
NRS 648.005 Definitions. 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.
(Added to NRS by 1967, 1363; A 1985, 1332; 1987, 2136; 1989, 1210)
NRS 648.006 “Board” defined. “Board”
means the Private Investigator’s Licensing Board.
(Added to NRS by 1967, 1363)
NRS 648.0065 “Dog handler” defined. “Dog
handler” means any person who, for compensation, handles, supplies or trains
dogs for the protection or safety of persons or property.
(Added to NRS by 1971, 1087; A 1983, 734; 1985, 1333)
NRS 648.0067 “Intern” defined. “Intern”
means a person who is involved in the study of polygraphic examinations and
their administration.
(Added to NRS by 1985, 1328)
NRS 648.0069 “License” defined. “License”
means a license or certificate issued pursuant to the provisions of this
chapter.
(Added to NRS by 1985, 1328)
NRS 648.007 “Licensee” defined. “Licensee”
means any person who holds a license or certificate issued pursuant to the
provisions of this chapter.
(Added to NRS by 1967, 1363; A 1985, 1333)
NRS 648.008 “Manager” defined. “Manager”
means the individual under whose direction, control, charge or management the
business of a licensee is operated.
(Added to NRS by 1967, 1363)
NRS 648.0103 “Polygraph” defined. “Polygraph”
means an instrument or electronic or mechanical device which records or
measures physiological effects of psychological stimuli to permit the examiner
or intern to form an opinion concerning the veracity of statements made by the
person examined.
(Added to NRS by 1985, 1328)
NRS 648.0106 “Polygraphic examination” defined. “Polygraphic
examination” means the procedure by which an examiner or intern renders his or
her expert opinion as to the veracity of statements made by the person
examined.
(Added to NRS by 1985, 1328)
NRS 648.0109 “Polygraphic examiner” and “examiner” defined. “Polygraphic examiner” or “examiner” means a
person who by virtue of his or her education, training and experience, is
capable of conducting a valid and reliable polygraphic examination.
(Added to NRS by 1985, 1328)
NRS 648.012 “Private investigator” defined. “Private
investigator” means any person who for any consideration engages in business or
accepts employment to furnish, or agrees to make or makes any investigation for
the purpose of obtaining, including, without limitation, through the review,
analysis and investigation of computerized data not available to the public,
information with reference to:
1. The identity, habits, conduct,
business, occupation, honesty, integrity, credibility, knowledge, trustworthiness,
efficiency, loyalty, activity, movement, whereabouts, affiliations,
associations, transactions, acts, reputation or character of any person;
2. The location, disposition or recovery
of lost or stolen property;
3. The cause or responsibility for fires,
libels, losses, accidents or damage or injury to persons or to property;
4. A crime or tort that has been
committed, attempted, threatened or suspected, except an expert witness or a
consultant who is retained for litigation or a trial, or in anticipation of
litigation or a trial, and who performs duties and tasks within his or her
field of expertise that are necessary to form his or her opinion;
5. Securing evidence to be used before any
court, board, officer or investigating committee; or
6. The prevention, detection and removal
of surreptitiously installed devices for eavesdropping or observation.
(Added to NRS by 1967, 1363; A 1985, 1333; 2013, 1426)
NRS 648.013 “Private patrol officer” defined. “Private
patrol officer” means a person engaged in the business of employing and
providing for other persons watchmen, guards, patrol officers, uniformed
officers to control traffic, bodyguards or other persons for the purpose of
protecting persons or property, including armored transport, to prevent the
theft, loss or concealment of property of any kind or to investigate the theft,
loss or concealment of property the private patrol officer has been hired to protect.
(Added to NRS by 1967, 1363; A 1971, 869; 1973, 682; 1985, 1333; 1991, 182)
NRS 648.014 “Process server” defined. “Process
server” means a person, other than a peace officer of the State of Nevada, who
engages in the business of serving legal process within this State.
(Added to NRS by 1967, 1363; A 1985, 1333)
NRS 648.015 “Repossessor” defined. “Repossessor”
means a person who engages in business or accepts employment to locate or
recover personal property which has been sold under a conditional sales
agreement or which is subject to any other security interest.
(Added to NRS by 1967, 1364)
NRS 648.0155 “Security consultant” defined. “Security
consultant” means a person licensed as a private patrol officer or private
investigator who engages in the business of furnishing advice on the proper
methods and equipment for providing security and protection for persons and
property.
(Added to NRS by 1991, 182)
NRS 648.016 “Security guard” defined. “Security
guard” means a person employed as a watchman, guard, security consultant,
patrol officer or in any other similar position.
(Added to NRS by 1989, 1210)
NRS 648.017 License as revocable privilege. The
purpose of licensing private investigators, private patrol officers, process
servers, repossessors, dog handlers, security consultants, and polygraphic
examiners and interns is to protect the public safety and general welfare of
the people of this State. Any license issued pursuant to this chapter is a
privilege that may be revoked in accordance with disciplinary procedures set
forth in this chapter and in regulations adopted by the Board pursuant thereto,
and no holder of such a license acquires thereby any vested right.
(Added to NRS by 1997, 208)
NRS 648.018 Applicability. Except
as to polygraphic examiners and interns, this chapter does not apply:
1. To any detective or officer belonging
to the law enforcement agencies of the State of Nevada or the United States, or
of any county or city of the State of Nevada, while the detective or officer is
engaged in the performance of his or her official duties.
2. To special police officers appointed by
the police department of any city, county, or city and county within the State
of Nevada while the officer is engaged in the performance of his or her
official duties.
3. To insurance adjusters and their
associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who
are not otherwise engaged in the business of private investigators.
4. To any private investigator, private
patrol officer, process server, dog handler or security consultant employed by
an employer regularly in connection with the affairs of that employer if a bona
fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.
5. To a repossessor employed exclusively
by one employer regularly in connection with the affairs of that employer if a
bona fide employer-employee relationship exists, except as otherwise provided
in NRS 648.060, 648.140
and 648.203.
6. To a person engaged exclusively in the
business of obtaining and furnishing information as to the financial rating of
persons.
7. To a charitable philanthropic society
or association incorporated under the laws of this State which is organized and
maintained for the public good and not for private profit.
8. To an attorney at law in performing his
or her duties as such.
9. To a collection agency unless engaged
in business as a repossessor, licensed by the Commissioner of Financial
Institutions, or an employee thereof while acting within the scope of his or
her employment while making an investigation incidental to the business of the
agency, including an investigation of the location of a debtor or his or her
assets and of property which the client has an interest in or lien upon.
10. To admitted insurers and agents and
insurance brokers licensed by the State, performing duties in connection with
insurance transacted by them.
11. To any bank organized pursuant to the
laws of this State or to any national bank engaged in banking in this State.
12. To any person employed to administer a
program of supervision for persons who are serving terms of residential
confinement.
13. To any commercial registered agent, as
defined in NRS 77.040, who obtains
copies of, examines or extracts information from public records maintained by
any foreign, federal, state or local government, or any agency or political
subdivision of any foreign, federal, state or local government.
14. To any holder of a certificate of
certified public accountant issued by the Nevada State Board of Accountancy
pursuant to chapter 628 of NRS while
performing his or her duties pursuant to the certificate.
15. To a person performing the repair or
maintenance of a computer who performs a review or analysis of data contained
on a computer solely for the purposes of diagnosing a computer hardware or
software problem and who is not otherwise engaged in the business of a private
investigator.
[2:85:1947; 1943 NCL § 5175.02] + [3:85:1947; A 1949,
149; 1943 NCL § 5175.03] + [4:85:1947; 1943 NCL § 5175.04]—(NRS A 1967, 179,
1362; 1969, 852; 1971, 1089, 1926, 1960; 1973, 686; 1983, 1709; 1985, 1343; 1987, 1886; 1989, 655; 1991, 182; 1995, 97; 2009, 1943;
2013, 1427)
PRIVATE INVESTIGATOR’S LICENSING BOARD
NRS 648.020 Creation; members; Chair; compensation of members and employees;
representative of general public prohibited from participation in examination.
1. The Private Investigator’s Licensing
Board, consisting of five members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) One member who is a private investigator.
(b) One member who is a private patrol officer.
(c) One member who is a polygraphic examiner.
(d) Two members who are representatives of the
general public. These members must not be:
(1) A licensee; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a licensee.
3. The members of the Board shall elect a
Chair of the Board from among its members by majority vote. After the initial
election, the Chair shall hold office for a term of 2 years beginning on July 1
of each year. If a vacancy occurs in the office of Chair, the members of the
Board shall elect a Chair from among its members for the remainder of the
unexpired term.
4. Each member of the Board is entitled to
receive:
(a) A salary of not more than $150, as fixed by
the Board, for each day or portion of a day during which the member attends a
meeting of the Board; and
(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.
5. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.
6. A member who is a representative of the
general public shall not participate in preparing, conducting or grading any
examination required by the Board.
[17:85:1947; A 1953, 323]—(NRS A 1967, 179, 1358;
1969, 851; 1977, 1260; 1981, 1637; 1985, 1333; 1987, 2136; 1989, 1705; 2003, 1199; 2007, 1091, 2959)
NRS 648.025 Employment of Executive Director, investigators and clerical
personnel.
1. The Board may:
(a) Employ an Executive Director who:
(1) Is the chief administrative officer of
the Board;
(2) Serves at the pleasure of the Board;
and
(3) Shall perform such duties as the Board
may prescribe; and
(b) Employ investigators and clerical personnel
necessary to carry out the provisions of this chapter.
2. The Board shall establish the
compensation of the Executive Director.
(Added to NRS by 1995, 303; A 2007, 1091)
NRS 648.030 Duties and powers.
1. The Board shall from time to time adopt
regulations to enable it to carry out the provisions of this chapter.
2. The Board shall classify licensees
according to the type of business in which they are engaged and may limit the
field and scope of the operations of a licensee to those in which the licensee
is classified.
3. The Board shall establish the criteria
for:
(a) Authorizing self-insurance maintained by
licensees pursuant to NRS 648.135.
(b) Levying fines contained in notices of
violation based upon the following factors:
(1) The seriousness of the violation.
(2) The good faith of the person being
charged.
(3) A person’s history of previous violations.
4. The Board may by regulation fix
qualifications of licensees and of the directors and officers of corporate
licensees necessary to promote the public welfare.
5. The Board may by regulation require
licensees and their employees to attend courses in firearm safety conducted by
instructors approved by the Board. The Board may require a licensee or his or
her employee to complete a certain amount of training in firearm safety before
being permitted to carry a firearm in the course of his or her duties.
[19:85:1947; A 1953, 323]—(NRS A 1967, 1358; 1973,
682; 1979, 930; 1981, 102; 1985, 1334; 1987, 2136; 1989, 1753)
NRS 648.033 Maintenance and release of records by Board; confidentiality of
certain records of Board; exceptions.
1. The Board shall maintain a public
record of:
(a) The business it transacts at its regular and
special meetings; and
(b) The applications received by it together with
the record of the disposition of each application.
2. Except as otherwise provided in NRS 239.0115, information obtained by the
Board from other than public sources concerning the:
(a) Financial condition; or
(b) Criminal record,
Ê of an
applicant or a licensee is confidential and may be revealed only to the extent
necessary for the proper administration of the provisions of this chapter.
3. The Board may release information
described in subsection 2 to an agency of the Federal Government, of a state or
of a political subdivision of this State.
4. The Board shall adopt by regulation a
procedure for notifying the applicant or licensee of the release of confidential
information pursuant to subsections 2 and 3. The Board shall release
information described in subsection 2 concerning an applicant or licensee to
the applicant or licensee upon request.
5. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
against a person are confidential, unless the person submits a written
statement to the Board requesting that such documents and information be made
public records.
6. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents
and information considered by the Board when determining whether to impose
discipline are public records.
7. The provisions of this section do not
prohibit the Board from communicating or cooperating with or providing any
documents or other information to any other licensing board or any other agency
that is investigating a person, including, without limitation, a law
enforcement agency.
(Added to NRS by 1985, 1330; A 2005, 802; 2007, 2148)
NRS 648.036 Application to district court for release of confidential
information possessed by Board. Except
as otherwise provided in NRS 648.033, a person who
wishes to obtain information possessed by the Board that is declared by law to
be confidential must apply to the district court for an order directing the
release of the information. The person shall give the Board, the Attorney
General, and each person who may be affected by the order 10 days’ written
notice of his or her intention to make the application. The notice must include
a copy of the motion and all papers that will be offered in support of the
application. The notice to persons other than the Board and the Attorney
General may be made by personal delivery or by certified mail to the person’s
last known address.
(Added to NRS by 1985, 1329; A 1993, 2806)
NRS 648.039 Board may refuse to reveal identity of informant or information
obtained from informant; exception. Except
in a proceeding brought by the State, the Board may refuse to reveal the
identity of an informant or the information obtained from the informant.
(Added to NRS by 1985, 1330)
NRS 648.040 Creation of Fund for the Private Investigator’s Licensing Board;
deposit and use of money received pursuant to chapter; delegation of authority
to take disciplinary action; deposit of fines.
1. There is hereby created in the State
General Fund the Fund for the Private Investigator’s Licensing Board, to be
administered by the Board.
2. Except as otherwise provided in
subsection 7, all money received pursuant to the provisions of this chapter
must be deposited in the State Treasury for credit to the Fund for the Private
Investigator’s Licensing Board and must be used by the Board for the
administration of this chapter and to pay the expenses and salary of members,
agents and employees of the Board.
3. All claims against the Fund must be
paid as other claims against the State are paid. Any amount remaining in the
Fund at the end of a fiscal year must be carried forward into the next fiscal
year.
4. The Board through majority vote
controls exclusively the expenditures from the Fund. The Board may not make
expenditures or incur liabilities in a total amount greater than the amount of
money actually available in the Fund.
5. Except as otherwise provided in
subsection 7, the money in this Fund may be used to:
(a) Pay the expenses of the Board in connection
with the investigation of the background of an applicant;
(b) Finance a substantive investigation of a
licensee or of unlicensed activity; and
(c) Pay the operational and administrative
expenses of the Board and its Secretary,
Ê and for such
other expenses as the Board deems appropriate to regulate the persons subject
to its supervision.
6. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may delegate to a hearing officer or panel its authority to take any
disciplinary action pursuant to this chapter, impose and collect fines therefor
and deposit the money therefrom in the State Treasury for credit to the Fund
for the Private Investigator’s Licensing Board.
7. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 6, the Board
shall deposit the money collected from the imposition of fines with the State
Treasurer for credit to the State General Fund. In such a case, the Board may
present a claim to the State Board of Examiners for recommendation to the
Interim Finance Committee if money is needed to pay attorney’s fees or the
costs of an investigation, or both.
[22:85:1947; 1943 NCL § 5175.22]—(NRS A 1967, 179,
1359; 1969, 852; 1971, 869; 1977, 384; 1979, 120; 1983, 1544; 1985, 1334; 1993, 892; 2005, 802; 2007, 1092)
NRS 648.045 Civil liability. A
member of the Board or an employee or agent of the Board is not liable in a
civil action for any act performed in good faith and within the scope of the
duties of the Board pursuant to the provisions of this chapter.
(Added to NRS by 1997, 209)
LICENSING AND REGISTRATION
NRS 648.060 License or registration required; employment of other persons by
licensee.
1. Except as otherwise provided in NRS 253.220, no person may:
(a) Engage in the business of private investigator,
private patrol officer, process server, repossessor, dog handler, security
consultant, or polygraphic examiner or intern; or
(b) Advertise his or her business as such,
irrespective of the name or title actually used,
Ê unless the
person is licensed pursuant to this chapter.
2. No person may be employed by a licensee
unless the person is registered pursuant to this chapter. The provisions of
this subsection do not apply to a person licensed pursuant to this chapter.
3. A person licensed pursuant to this
chapter may employ only another licensee, or a nonlicensed person who:
(a) Is at least 18 years of age.
(b) Is a citizen of the United States or lawfully
entitled to remain and work in the United States.
(c) Is of good moral character and temperate
habits.
(d) Has not been convicted of a felony or a crime
involving moral turpitude or the illegal use or possession of a dangerous
weapon.
(e) Is registered pursuant to this chapter.
[Part 5:85:1947; 1943 NCL § 5175.05]—(NRS A 1967,
1359; 1971, 1087; 1981, 1637; 1983, 734; 1985, 1335; 1987, 2137; 1989, 1210; 1991, 183; 1997, 87; 2007, 2491; 2009, 1944)
NRS 648.061 Exemption from required licensure as polygraphic examiner or
intern.
1. A license as a polygraphic examiner or
intern is not required under this chapter of a person who conducts polygraphic
examinations solely in the performance of official duties for a federal, state,
county or municipal law enforcement or investigative agency.
2. Persons who are exempt pursuant to
subsection 1 shall comply with all other provisions of this chapter.
3. Persons who are exempt and who meet the
requirements of this chapter for a license as a polygraphic examiner or intern
may apply to the Board for certification of their qualifications for a license
in the same manner as prescribed for licensing.
(Added to NRS by 1985, 1329)
NRS 648.063 Single act for which license is required is violation. An unlicensed person who performs a single act
for which a license is required has engaged in the business for which the
license is required and, unless exempt from licensing or performing an
investigation pursuant to NRS 253.220,
has violated NRS 648.060.
(Added to NRS by 1985, 1329; A 2007, 2492)
NRS 648.065 Licensing of persons engaged in various occupations on July 1,
1967.
1. Any person who, on July 1, 1967, is
duly and regularly licensed to conduct the business of private detective or act
in the capacity of private detective under the laws of this State shall not be
required to secure an additional license under this chapter. Any person so
licensed shall for all purposes be considered licensed under this chapter for
the license period and shall be subject to all provisions thereof.
2. This chapter shall not be construed to
interfere with the right of any person to continue to use the business name
under which such person was validly licensed on July 1, 1967.
3. Any person who on July 1, 1967, is
lawfully engaged in this State in any of the occupations required to be
licensed under this chapter may be so licensed or may renew such license
without regard to any qualification of education or experience prescribed by
this chapter, but must possess all other qualifications required.
(Added to NRS by 1967, 1365)
NRS 648.070 Licensing: Application; fee; reexamination. Every applicant for a license pursuant to the
provisions of this chapter must file with the Board a written application
accompanied by a nonrefundable fee of $100 for each examination that the
applicant wishes to take. The written application must be in accordance with
the following provisions:
1. If the applicant is a natural person
the application must be signed and verified by the applicant.
2. If the applicant is a firm or
partnership the application must be signed and verified by each natural person
composing or intending to compose the firm or partnership.
3. If the applicant is a corporation:
(a) The application must be signed and verified
by the president, the secretary and the treasurer thereof, and must specify:
(1) The name of the corporation.
(2) The date and place of its
incorporation.
(3) The amount of the corporation’s
outstanding paid-up capital stock.
(4) Whether this stock was paid for in
cash or property, and if in property, the nature and description of the
property.
(5) The name of the person or persons
affiliated with the corporation who possess the qualifications required for a
license under this chapter.
(b) The application must be accompanied by a
certified copy of the corporation’s certificate of incorporation together with
a certification from the Secretary of State that the corporation is in good
standing and, if the corporation is a foreign corporation, a certification from
the Secretary of State that the corporation is qualified to do business in this
State.
(c) The successor to every such officer or a
director shall, before entering upon the discharge of his or her duties, sign
and verify a like statement, approved in like manner as this chapter prescribes
for an individual signatory to an application and shall transmit the statement
to the Board.
(d) In the event of the death, resignation or
removal of such an officer or a director, notice of that fact must be given in
writing to the Board within 10 days after the death, resignation or removal.
The Board shall conduct such an investigation of the successor pursuant to NRS 648.100 as it deems necessary to verify the
successor’s qualifications.
4. If the applicant fails to pass the
examination required by NRS 648.100 the applicant
must not be reexamined until he or she has paid another fee of $100 to cover
the cost of reexamination.
5. If the applicant is applying for a
license as a dog handler, the application must be accompanied by an additional
fee of $100 to cover the costs of an examination in the field. If the applicant
fails to pass the examination or cancels the examination within 48 hours before
the time scheduled for it, the applicant may not be reexamined in the field
until he or she has paid an additional fee of $100.
Ê The forms
for applications, including the instructions, may be obtained from the office
of the Board. The Board shall, by regulation, charge a fee to cover the cost of
the preparation of the forms and instructions.
[Part 6:85:1947; A 1949, 149; 1953, 323]—(NRS A 1967,
1359; 1971, 870; 1973, 682; 1983, 734, 1601; 1985, 1335)
NRS 648.075 Licensing: Incomplete application; period of validity of
application; summary denial of invalid application; burden of proof; waiver of
claim for damages resulting from application.
1. An applicant must answer all the
questions and provide all the information required by the application. The
applicant may include additional information on plain paper. If the Secretary
determines that the application is incomplete, improperly completed or
illegible, the application, together with all associated documents and any fees
paid, must be returned to the applicant without further action.
2. An application is valid for 6 months
after the date of filing with the Board. It is the responsibility of the
applicant to comply with all procedures and necessary appearances in connection
with an application before the expiration of the 6 months. The Board may, for
good cause shown, extend the period.
3. The Board may summarily deny any
application for a license which is still pending before the Board 6 months
after the date of filing.
4. The applicant has the burden of proving
his or her qualifications and suitability for the license.
5. By filing an application with the
Board, an applicant accepts the risk of adverse public notice, embarrassment,
criticism or other action with respect to the application, and expressly waives
any claim for damages as a result thereof.
(Added to NRS by 1985, 1329)
NRS 648.080 Licensing: Contents of application. Every
application for a license must contain:
1. A detailed statement of the applicant’s
personal history on the form specified by the Board. If the applicant is a
corporation, the application must include such a statement concerning each
officer and director.
2. A statement of the applicant’s
financial condition on the form specified by the Board. If the applicant is a
corporation, the application must include such a statement concerning each
officer and director.
3. The complete address of the principal
place of business of the applicant in this State and of each branch office or
other place of business of the applicant in this State.
4. The business or businesses in which the
applicant intends to engage and the category or categories of license he or she
desires.
5. A complete set of fingerprints which
the Board may forward to the Central Repository for Nevada Records of Criminal
History for submission to the Federal Bureau of Investigation for its report.
6. A recent photograph of the applicant
or, if the applicant is a corporation, of each officer and director.
7. Evidence supporting the qualifications
of the applicant in meeting the requirements for the license for which he or
she is applying.
8. If the applicant is not a natural
person, the full name and residence address of each of its partners, officers,
directors and manager, and a certificate of filing of a fictitious name.
9. Such other facts as may be required by
the Board to show the good character, competency and integrity of each
signatory.
[Part 6:85:1947; A 1949, 149; 1953, 323]—(NRS A 1967,
1359; 1971, 1088; 1985, 1336; 2003, 2865; 2013, 1428)
NRS 648.085 Payment of child support: Submission of certain information by
applicant; grounds for denial of license or registration; duty of Board.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) A natural person who applies for the issuance
of a license or registration issued pursuant to this chapter shall include the
social security number of the applicant in the application submitted to the
Board.
(b) A natural person who applies for the issuance
or renewal of a license or registration issued pursuant to this chapter shall
submit to the Board the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or registration; or
(b) A separate form prescribed by the Board.
3. A license or registration may not be
issued or renewed by the Board pursuant to this chapter if the applicant is a
natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2176; A 2005, 2792, 2807; 2009, 1944)
NRS 648.085 Payment of child support:
Submission of certain information by applicant; grounds for denial of license
or registration; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, a natural person who applies for the issuance or
renewal of a license or registration issued pursuant to this chapter shall
submit to the Board the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or registration; or
(b) A separate form prescribed by the Board.
3. A license or registration may not be
issued or renewed by the Board pursuant to this chapter if the applicant is a
natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2176; A 2005, 2792, 2793, 2807; 2009, 1944,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 648.100 Licensing: Examinations; investigation of applicants; grounds
for refusing to grant.
1. The Board shall require an applicant to
pass a written examination for an initial license and may require an applicant
to pass an oral examination. Examinations must be given at least four times a
year.
2. The Board shall conduct such
investigation of an applicant, including the directors and officers of a
corporate applicant, as it considers necessary. An applicant shall deposit with
the Board at the time of making an initial application for any license a fee of
$750 for the first category of license and $250 for each additional category of
license for which application is made, which must be applied to the cost of
conducting the investigation. An individual applicant who is a resident of
Nevada is liable for the entire cost of the investigation up to a maximum cost
of $1,500 for the first category of license and $500 for each additional
category of license for which application is made. A corporate applicant or an
individual applicant who is not a resident of Nevada is liable for the entire
cost of the investigation. Each applicant must pay the entire fee for which he
or she is liable before taking an examination.
3. The Board may refuse to grant a license
if it determines that the applicant has:
(a) Committed any act which if committed by a
licensee would be a ground for the suspension or revocation of a license under
this chapter.
(b) Committed any act constituting dishonesty or
fraud.
(c) Demonstrated untruthfulness or a lack of
integrity.
(d) Been refused a license under this chapter or
had a license revoked.
(e) Been an officer, director, partner or manager
of any firm, partnership, association or corporation which has been refused a
license under this chapter or whose license has been revoked.
(f) While unlicensed, performed any act for which
a license is required by this chapter.
(g) Knowingly made any false statement in the
application.
(h) Refused to provide any information required
by the Board.
4. The Board shall provide the applicant
with a copy of the report of the investigation within a reasonable time after
it receives the completed report.
[8:85:1947; A 1953, 323]—(NRS A 1967, 1360; 1973,
683; 1983, 1602; 1985,
24, 1337;
1987, 2137)
NRS 648.110 Licensing: Qualifications of applicants; issuance.
1. Before the Board grants any license,
the applicant, including each director and officer of a corporate applicant,
must:
(a) Be at least 21 years of age.
(b) Be a citizen of the United States or lawfully
entitled to remain and work in the United States.
(c) Be of good moral character and temperate
habits.
(d) Have no conviction of:
(1) A felony relating to the practice for
which the applicant wishes to be licensed; or
(2) Any crime involving moral turpitude or
the illegal use or possession of a dangerous weapon.
2. Each applicant, or the qualifying agent
of a corporate applicant, must:
(a) If an applicant for a private investigator’s
license, have at least 5 years’ experience as an investigator, or the
equivalent thereof, as determined by the Board.
(b) If an applicant for a repossessor’s license,
have at least 5 years’ experience as a repossessor, or the equivalent thereof,
as determined by the Board.
(c) If an applicant for a private patrol
officer’s license, have at least 5 years’ experience as a private patrol
officer, or the equivalent thereof, as determined by the Board.
(d) If an applicant for a process server’s
license, have at least 2 years’ experience as a process server, or the
equivalent thereof, as determined by the Board.
(e) If an applicant for a dog handler’s license,
demonstrate to the satisfaction of the Board his or her ability to handle,
supply and train watchdogs.
(f) If an applicant for a license as an intern,
have:
(1) Received:
(I) A baccalaureate degree from an
accredited college or university and have at least 1 year’s experience in
investigation or polygraphic examination satisfactory to the Board;
(II) An associate degree from an
accredited college or university and have at least 3 years’ experience; or
(III) A high school diploma or its
equivalent and have at least 5 years’ experience; and
(2) Satisfactorily completed a basic
course of instruction in polygraphic techniques satisfactory to the Board.
(g) If an applicant for a license as a
polygraphic examiner:
(1) Meet the requirements contained in
paragraph (f);
(2) Have actively conducted polygraphic
examinations for at least 2 years;
(3) Have completed successfully at least
250 polygraphic examinations, including at least 100 examinations concerning
specific inquiries as distinguished from general examinations for the purpose
of screening;
(4) Have completed successfully at least
50 polygraphic examinations, including 10 examinations concerning specific
inquiries, during the 12 months immediately before the date of application; and
(5) Have completed successfully at least
24 hours of advanced polygraphic training acceptable to the Board during the 2
years immediately before the date of application.
(h) Meet other requirements as determined by the
Board.
3. The Board, when satisfied from
recommendations and investigation that the applicant is of good character,
competency and integrity, may issue and deliver a license to the applicant
entitling the applicant to conduct the business for which he or she is
licensed, for the period which ends on July 1 next following the date of
issuance.
4. For the purposes of this section, 1
year of experience consists of 2,000 hours of experience.
[9:85:1947; A 1953, 323]—(NRS A 1967, 1360; 1971,
1088; 1973, 684; 1977, 1567; 1981, 1637; 1983, 735; 1985, 1337; 1997, 209; 2003, 2729)
NRS 648.115 Licensing: Person licensed in another state. The Board may issue a license to any person
who is licensed as a polygraphic examiner in another state if:
1. The requirements for the license in
that jurisdiction at the time the license was issued are deemed by the Board to
be equivalent to the requirements for a license in this State;
2. The jurisdiction extends the same
privileges to a person licensed in this State; and
3. The person submits the application and
undergoes the investigation required for licensing.
(Added to NRS by 1985, 1329)
NRS 648.120 Licensing: Fees; license held in abeyance.
1. A license issued pursuant to this
chapter may not be issued or renewed until the applicant or licensee pays to
the Board a license fee prescribed by the Board in an amount not exceeding $500
for each category of license being issued or renewed.
2. A license held in abeyance may not be
renewed until the licensee pays to the Board a license fee prescribed by the
Board in an amount not exceeding $100 for each category of license being
renewed.
3. The license fee must be paid annually
and is due on July 1. The Board may provide that the fee be reduced ratably for
portions of the license period.
4. A license held in abeyance may be
reinstated upon payment to the Board of $100 for each category of license and
the annual license fee prescribed pursuant to subsection 1 for each category of
license.
5. The Board shall prescribe by regulation
the circumstances under which the Board will hold a license in abeyance.
[21:85:1947; 1943 NCL § 5175.21]—(NRS A 1967, 1361;
1977, 384; 1979, 930; 1981, 1043; 1983, 1603; 1985, 1339; 1989, 1753)
NRS 648.135 Licensing: Maintenance of insurance or acting as self-insurer;
minimum limits of liability; proof.
1. Before issuing any license or annual
renewal thereof, the Board shall require satisfactory proof that the applicant
or licensee:
(a) Is covered by a policy of insurance for
protection against liability to third persons, with limits of liability in
amounts not less than $200,000, written by an insurance company authorized to
do business in this State; or
(b) Possesses and will continue to possess
sufficient means to act as a self-insurer against that liability.
2. Every licensee shall maintain the
policy of insurance or self-insurance required by this section. The license of
every such licensee is automatically suspended 10 days after receipt by the
licensee of notice from the Board that the required insurance is not in effect,
unless satisfactory proof of insurance is provided to the Board within that
period.
3. Proof of insurance or self-insurance
must be in such a form as the Board may require.
(Added to NRS by 1973, 681; A 1985, 1339; 1987, 2137)
NRS 648.140 Licensing: Rights of licensees; local ordinances; registered
employees.
1. Any license obtained pursuant to the
provisions of this chapter gives the licensee or any bona fide employee of the
licensee authority to engage in the type of business for which he or she is
licensed in any county or city in the State of Nevada. A county or city shall not
enact ordinances regulating persons licensed pursuant to this chapter, except
general business regulations designed to raise revenue or assure compliance
with building codes and ordinances or regulations concerning zoning and safety
from fire.
2. Except for polygraphic examiners and
interns, a licensee may employ, in connection with his or her business, as many
persons registered pursuant to this chapter as may be necessary, but at all
times every licensee:
(a) Shall ensure that each registered person employed
in this State by the licensee is supervised by a licensee who is physically
present in this State; and
(b) Is accountable for the good conduct of every
person employed by the licensee in connection with his or her business.
3. Each licensee shall:
(a) Maintain at a location within this State
records relating to the employment, compensation, licensure and registration of
employees;
(b) Furnish the Board with the information
requested by it concerning all employees registered pursuant to this chapter,
except clerical personnel; and
(c) Notify the Board within 3 days after such
employees begin their employment.
[10:85:1947; A 1953, 323] + [14:85:1947; 1943 NCL §
5175.14]—(NRS A 1967, 1361; 1979, 930; 1985, 1340; 1987, 2138; 1991, 183; 2009, 1945;
2013, 1428)
NRS 648.142 Licensing: Form, contents and posting of license; pocket cards;
change of address; license not assignable.
1. The license, when issued, shall be in
such form as may be determined by the Board and shall include:
(a) The name of the licensee.
(b) The name under which the licensee is to
operate.
(c) The number and date of the license.
(d) The expiration date of the license.
(e) If the licensee is a corporation, the name of
the person or persons affiliated with the corporation on the basis of whose
qualifications such license is issued.
(f) The classification or classifications of work
which the license authorizes.
2. The license shall at all times be
posted in a conspicuous place in the licensee’s principal place of business in
this State.
3. Upon the issuance of a license, a
pocket card of such size, design and content as may be determined by the Board
shall be issued without charge to each licensee, if an individual, or if the
licensee is a person other than an individual, to its manager and to each of
its officers, directors and partners, which card shall be evidence that the
licensee is duly licensed pursuant to this chapter. When any person to whom a
card is issued terminates his or her position, office or association with the
licensee, the card shall be surrendered to the licensee and within 5 days
thereafter shall be mailed or delivered by the licensee to the Board for
cancellation.
4. A licensee shall, within 30 days after
such change, notify the Board of any and all changes of his or her address, of
the name under which the licensee does business, and of any change in its
officers, directors or partners.
5. A license issued under this chapter is
not assignable.
(Added to NRS by 1967, 1364; A 1973, 684; 2013, 1429)
NRS 648.144 Licensing: Expiration of licenses and pocket cards; renewals. A license issued under the provisions of this
chapter and the cards issued pursuant to NRS 648.142
expire on June 30 of each year unless they are renewed. A licensee desiring a
renewal of his or her license must file an application for renewal on or before
June 30 on a form prescribed by the Board which is accompanied by the fee
prescribed pursuant to NRS 648.120 and all
information required to complete the application for renewal. A renewal license
for the next ensuing year must then be issued together with renewal cards for
the persons described in subsection 3 of NRS 648.142.
(Added to NRS by 1967, 1364; A 1989, 1754; 1997, 2177; 2005, 2793, 2807; 2009, 1945)
NRS 648.146 Licensing: Forfeiture of license; reinstatement; fee. If a licensee fails to renew his or her license
within the time fixed by NRS 648.144, the license
is automatically forfeited, but may be reinstated within 30 days after the date
of the forfeiture upon his or her compliance with the regulations of the Board,
his or her submission of an application and all information required to
complete the application and payment of a reinstatement fee of $100.
Reinstatement of a forfeited license does not prohibit the bringing of
disciplinary proceedings for any act committed during the period of forfeiture.
(Added to NRS by 1967, 1364; A 1971, 870; 1985, 1340; 1997, 2177; 2005, 2793, 2807)
NRS 648.148 Licensing: Licensee to maintain principal place of business in
this State; address of principal place of business to be filed with Board;
advertising.
1. Each licensee shall:
(a) Maintain a principal place of business in
this State; and
(b) File with the Board the complete address of
his or her principal place of business in this State, including the name and
number of the street, or, if the street where the business is located is not
numbered, the number of the post office box. The Board may require the filing
of other information for the purpose of identifying such principal place of
business.
2. Every advertisement by a licensee
soliciting or advertising business shall contain the licensee’s name and the
number of the licensee’s license as they appear in the records of the Board.
(Added to NRS by 1967, 1364; A 2013, 1429)
NRS 648.149 Licensing: Branch offices; fee.
1. Each licensee shall file in writing
with the Board the address of each branch office and pay to the Board an annual
fee of $50 for each branch office registered. Within 10 days after the
establishment, closing or changing of location of a branch office, a licensee
shall notify the Board in writing of that fact.
2. Upon the application of a licensee and
the prepayment of the fee, the Board may issue a certificate for a branch
office.
(Added to NRS by 1967, 1365; A 1985, 1340)
NRS 648.1493 Registration: Requirements; application; qualifications; pocket
cards; expiration; renewal; appeal of denial of registration; regulations.
1. To obtain a registration, a person
must:
(a) Be a natural person;
(b) File a written application for registration
with the Board;
(c) Comply with the applicable requirements of
this chapter; and
(d) Pay an application fee set by the Board of
not more than $135.
2. An application for registration must
include:
(a) A fully completed application for
registration as an employee;
(b) A passport size photo;
(c) A completed set of fingerprint cards or a
receipt for electronically submitted fingerprints of the applicant submitted as
required by the Board; and
(d) Any other information or supporting materials
required pursuant to the regulations adopted by the Board or by an order of the
Board. Such information or supporting materials may include, without
limitation, other forms of identification of the person.
3. Except as otherwise provided in this
chapter, the Board shall issue a registration to an applicant if:
(a) The application is verified by the Board and
complies with the applicable requirements of this chapter; and
(b) The applicant:
(1) Is of good moral character and
temperate habits;
(2) Has not been convicted of, or entered
a plea of nolo contendere to, a felony or a crime involving moral turpitude or
the illegal use or possession of a dangerous weapon;
(3) Has not made a false statement of
material fact on the application; and
(4) Has not violated any provision of this
chapter, a regulation adopted pursuant thereto or an order of the Board.
4. Upon the issuance of a registration, a
pocket card of such size, design and content as may be determined by the Board
will be issued without charge to each registered person, and will be evidence
that the person is duly registered pursuant to this chapter.
5. A registration issued pursuant to this
section and the cards issued pursuant to subsection 4 expire 5 years after the
date the registration is issued, unless it is renewed. To renew a registration,
the holder of the registration must submit to the Board on or before the date
the registration expires:
(a) A fully completed application for renewal of
registration as an employee;
(b) A passport size photo;
(c) A completed set of fingerprint cards or a
receipt for electronically submitted fingerprints of the applicant submitted as
required by the Board;
(d) A renewal fee set by the Board of not more
than $135; and
(e) Any other information or supporting materials
required pursuant to the regulations adopted by the Board or by an order of the
Board. Such information or supporting materials may include, without
limitation, other forms of identification of the person.
6. A denial of registration may be
appealed to the Board. The Board shall adopt regulations providing for the
consideration of such appeals.
(Added to NRS by 2009, 1942)
NRS 648.1495 Registration: Provisional registration authorized in county
whose population is 100,000 or more; expiration.
1. The Board or the sheriff of a county
whose population is 100,000 or more who has entered into a contract with the
Board to perform such services shall, upon completion and review by the Board
or sheriff of a record of criminal history for the applicant pursuant to NRS 179A.070, issue a provisional
registration to an applicant who:
(a) Submits a completed application for
registration in compliance with NRS 648.1493; and
(b) Meets the requirements for registration as
adopted by the Board by regulation.
2. A provisional registration issued to an
applicant by the Board or sheriff expires automatically:
(a) If the Board denies the applicant’s
application;
(b) Upon the issuance of a registration to the
applicant; or
(c) If the applicant’s check for the fee for the
application for registration is returned for insufficient funds.
3. Except as otherwise provided in this
section, a provisional registration expires 90 days after its date of issuance
unless an extension is granted by the Executive Director of the Board for good
cause.
(Added to NRS by 2009, 1941)
DISCIPLINARY PROCEEDINGS
NRS 648.150 Grounds for disciplinary action. The
Board may discipline any licensee for any of the following causes:
1. Conviction of a felony relating to the
practice of the licensee or of any offense involving moral turpitude.
2. Violation of any of the provisions of
this chapter or of a regulation adopted pursuant thereto.
3. A false statement by the licensee that
any person is or has been in his or her employ.
4. Any unprofessional conduct or unfitness
of the licensee or any person in his or her employ.
5. Any false statement or the giving of
any false information in connection with an application for a license or a
renewal or reinstatement of a license.
6. Any act in the course of the licensee’s
business constituting dishonesty or fraud.
7. Impersonation or aiding and abetting an
employee in the impersonation of a law enforcement officer or employee of the
United States of America, or of any state or political subdivision thereof.
8. During the period between the
expiration of a license for the failure to renew within the time fixed by this
chapter and the reinstatement of the license, the commission of any act which
would be a cause for the suspension or revocation of a license, or grounds for
the denial of an application for a license.
9. Willful failure or refusal to render to
a client services or a report as agreed between the parties and for which
compensation has been paid or tendered in accordance with the agreement of the
parties.
10. Commission of assault, battery or
kidnapping.
11. Knowing violation of any court order
or injunction in the course of business as a licensee.
12. Any act which is a ground for denial
of an application for a license under this chapter.
13. Willfully aiding or abetting a person
in a violation of a provision of this chapter or a regulation adopted pursuant
thereto.
[20:85:1947; 1943 NCL § 5175.20]—(NRS A 1967, 1362;
1973, 685; 1985,
1340; 2003,
2730)
NRS 648.155 Additional grounds for disciplinary action against polygraphic
examiners and interns. In addition
to the causes specified in NRS 648.150, the Board
may discipline an intern or polygraphic examiner if he or she has:
1. Demonstrated incompetence or a physical
or emotional disability which prevents him or her from properly functioning as
an intern or polygraphic examiner;
2. Willfully made a false report of the
results of a polygraphic examination; or
3. Accepted a fee contingent upon the
outcome of a polygraphic examination.
(Added to NRS by 1985, 1332)
NRS 648.157 Suspension of license of private investigator who obtains or
seeks access to certain information from Department of Motor Vehicles for
improper purpose; additional disciplinary action authorized.
1. A private investigator licensed
pursuant to this chapter shall not obtain or seek access to information from
the Department of Motor Vehicles pursuant to subsection 3 of NRS 481.063 for any purpose other than a
purpose that is directly related to the investigation of an insurance claim.
2. If the Board finds that a violation of
this section has occurred, the Board shall, in addition to any other
disciplinary action it deems appropriate, suspend the license of the private
investigator.
(Added to NRS by 1999, 1935; A 2001, 2634)
NRS 648.158 Suspension of license or registration for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of license
or registration. [Effective until 2 years after the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license or registration issued pursuant to this chapter, the Board
shall deem the license or registration issued to that person to be suspended at
the end of the 30th day after the date on which the court order was issued
unless the Board receives a letter issued to the holder of the license or
registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license or registration has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Board shall reinstate a license or
registration issued pursuant to this chapter that has been suspended by a
district court pursuant to NRS 425.540
if the Board receives a letter issued by the district attorney or other public
agency pursuant to NRS 425.550 to the
person whose license or registration was suspended stating that the person
whose license or registration was suspended has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2176; A 2005, 2807; 2009, 1945)
NRS 648.160 Investigation of complaints; issuance of notice of violation;
compelling attendance of witnesses.
1. The Board may, upon its own motion:
(a) Investigate the actions of any person holding
or claiming to hold a license.
(b) Authorize a representative of the Board to
issue a notice of violation to any licensee or applicant for a license who,
based upon probable cause, has violated a requirement of this chapter, or any
standard, rule or order adopted or issued pursuant to this chapter.
2. The Board shall, upon the filing with
it of a verified written complaint by any person setting forth facts which, if
proven, would constitute grounds for refusal, suspension or revocation of a
license, investigate the actions of any person holding or claiming to hold a
license.
3. The Board has the power of subpoena in
any proceeding before the Board pursuant to this chapter concerning the
activity of an unlicensed person or discipline of a licensee. If any person
refuses to respond to a subpoena, the Board shall certify the facts to the
district court of the county where the hearing is being conducted. The court
shall thereupon issue an order directing the person to appear before the court
and show cause why he or she should not be punished as for contempt. The order
and a copy of the certified statement must be served on the person. Thereafter
the court has jurisdiction of the matter. The same proceedings must be had, the
same penalties may be imposed and the person charged may purge himself or
herself of the contempt in the same way, as in the case of a person who has
committed a contempt in the trial of a civil action.
[Part 18:85:1947; A 1953, 323]—(NRS A 1971, 870; 1987, 2139; 1989, 1754)
NRS 648.162 Notice of violation: Contents; appeal.
1. Each notice of violation must:
(a) Be in writing and describe with particularity
the nature of the violation, including a reference to the section of this
chapter or the provision of the standard, rule, regulation or order alleged to
have been violated; and
(b) Inform the violator of the right to appeal
the notice of violation.
2. The notice of violation may:
(a) Impose a fine not to exceed $1,000;
(b) Allow a reasonable period for the abatement
of the violation; or
(c) Contain an order for the payment of a
reasonable sum to any injured party.
3. A notice of violation may, by a notice
of appeal given in writing to the Board within 30 days after the date of the
notice, be appealed as to the:
(a) Alleged violation;
(b) Amount of the fine;
(c) Reasonableness of any period for correction
required by the notice of violation; or
(d) Procedural violations of the Board.
(Added to NRS by 1989, 1752)
NRS 648.164 Failure of licensee or applicant to comply with notice of
violation is grounds for suspension, revocation or denial of license.
1. The failure of a licensee to comply
with a notice of violation after it is final is a ground for suspension or
revocation of the license.
2. The failure of an applicant for licensure
to comply with a notice of violation after it is final is a ground for denial
of the license.
(Added to NRS by 1989, 1752)
NRS 648.165 Issuance of citations for unauthorized practice; cease and
desist order; administrative fines; appeal.
1. The Board may issue to a person who has
violated NRS 648.060 a citation.
2. Such a citation must be in writing and
describe with particularity the nature of the violation. The citation must also
inform the person of the provisions of subsection 5. A separate citation must
be issued for each such violation.
3. If appropriate, the citation must
contain an order to cease and desist conduct fixing a reasonable time for
abatement of the violation. If the order to cease and desist conduct is
directed to a business, the order must expressly state that it applies to any
person acting in the name of the business regardless of whether any such person
is alleged to have previously violated any of the provisions of this chapter.
4. The Board shall assess an
administrative fine of:
(a) For the first such violation, $2,500.
(b) For the second such violation, $5,000.
(c) For the third or subsequent such violation,
$10,000.
5. To appeal the finding of such a
violation, the person must request a hearing by written notice of appeal to the
Board within 30 days after the date of issuance of the citation.
(Added to NRS by 1993, 289; A 2011, 129)
NRS 648.1655 Unlicensed person prohibited from engaging in business of
process server upon being served with cease and desist order. If a person who is not licensed as a process
server pursuant to this chapter has been issued a citation pursuant to NRS 648.165 that contains an order to cease and desist
conduct, the person shall not continue to engage in the business of a process
server after the date on which he or she is served with the citation until the
order has been rescinded.
(Added to NRS by 2011, 129)
NRS 648.166 Hearing after receipt of appeal; notice of hearing.
1. The Board shall conduct a hearing
within 90 days after receiving a notice of appeal from a person who has
received a notice of violation or a citation except that:
(a) If the Board receives the notice of appeal
less than 30 days before a regularly scheduled meeting, it may conduct the
hearing within 120 days after receiving the notice of appeal; and
(b) The Board may continue the date of the hearing
for good cause shown.
2. The Board shall deliver or send by
registered or certified mail a notice of hearing to all parties at least 10
days before the date of the hearing.
(Added to NRS by 1989, 1753; A 1993, 289)
NRS 648.170 Contents of complaint; notice and hearing.
1. The complaint referred to in NRS 648.160 must be a written statement of charges
which must set forth in ordinary and concise language the acts or omissions
with which the respondent is charged. It must specify the statute or regulation
which the respondent is alleged to have violated, but must not consist merely
of charges raised in the language of the statute or regulation.
2. Upon the filing of the complaint, the
Board shall serve a copy of the complaint upon the respondent either
personally, or by registered or certified mail at the address on file with the
Board.
3. Except as provided in subsection 4, the
respondent must answer within 20 days after the service of the complaint. In
the answer the respondent:
(a) Must state in short and plain terms his or
her defenses to each claim asserted.
(b) Must admit or deny the facts alleged in the
complaint.
(c) Must state which allegations the respondent
is without knowledge or information to form a belief as to their truth. Such
allegations shall be deemed denied.
(d) Must affirmatively set forth any matter which
constitutes an avoidance or affirmative defense.
(e) May demand a hearing. Failure to demand a
hearing constitutes a waiver of the right to a hearing and to judicial review
of any decision or order of the Board, but the Board may order a hearing even
if the respondent waives the right to a hearing.
4. Failure to answer or to appear at the hearing
constitutes an admission by the respondent of all facts alleged in the
complaint. The Board may take action based on such an admission and on other
evidence without further notice to the respondent. If the Board takes action
based on such an admission, it shall include in the record which evidence was
the basis for the action.
5. The Board shall determine the time and
place of the hearing as soon as reasonably practical after receiving the
respondent’s answer. The Board shall deliver or send by registered or certified
mail a notice of hearing to all parties at least 10 days before the hearing.
6. The Board may delegate the authority to
conduct one or more disciplinary hearings to a hearing officer. If it does so,
the hearing officer shall within 30 days after the date of a hearing submit
findings of fact and proposed conclusions of law and recommendations to the
Board for its determination.
7. At the time and place fixed in the
notice, the Board or the hearing officer shall proceed to hear the charges.
8. The Board or hearing officer may grant
a continuance of a hearing upon a showing of good cause.
[Part 18:85:1947; A 1953, 323]—(NRS A 1969, 95; 1973,
686; 1977, 94, 384; 1981, 103; 1985, 1341)
NRS 648.174 Disciplinary action not precluded by correction of conditions
resulting from wrongful acts. If a
licensee or applicant for a license has engaged in repeated acts which would be
grounds for disciplinary action, but has corrected the conditions resulting
from those acts, the correction of those conditions does not preclude the Board
or its authorized representative from taking action against the person pursuant
to NRS 648.160.
(Added to NRS by 1989, 1752)
NRS 648.175 Authorized disciplinary action; orders imposing discipline
deemed public records.
1. If, after notice and a hearing as
required by law, the Board finds that cause exists, the Board may:
(a) Revoke the license of the licensee.
(b) Suspend the license of the licensee for not
more than 1 year for each violation.
(c) Fine the licensee not more than $5,000 for
each violation.
(d) Suspend an order authorized by this section
upon such terms and conditions as the Board considers appropriate.
(e) Place the licensee on probation for not more
than 2 years upon such terms and conditions as the Board considers appropriate.
(f) Publicly reprimand the licensee.
(g) Affirm, modify or vacate the penalty imposed
by a notice of violation.
2. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
(Added to NRS by 1973, 682; A 1985, 1342; 1989, 1754; 1993, 893; 2003, 3474; 2005, 803)
NRS 648.177 Duty to surrender license upon notice of suspension, revocation
or refusal to renew. Upon
receiving written notification of a suspension, revocation or refusal to renew
a license, the holder of the license shall immediately surrender the license to
the Board.
(Added to NRS by 1985, 1329)
NRS 648.181 Injunctive relief; civil penalty.
1. The Board may apply to any court of
competent jurisdiction to enjoin any person who has engaged or is about to
engage in any act which violates any provision of this chapter or any
regulation adopted by the Board.
2. Such an injunction:
(a) May be issued without proof of actual damage
sustained by any person.
(b) Does not preclude criminal prosecution and
punishment of a violator.
3. In addition to issuing the injunction,
the court may impose a civil penalty not to exceed $10,000 if the person has
violated a provision of NRS 648.060.
(Added to NRS by 1977, 383; A 1987, 2139)
POLYGRAPHIC EXAMINATIONS
NRS 648.183 Polygraphic examination must meet minimum standards and be
administered by licensed person before considered or accepted into evidence. In any matter involving the well-being,
employment or liability of a person, another person shall not consider or
accept into evidence an opinion resulting from a polygraphic examination unless
the examination:
1. Meets the minimum standards established
by this chapter; and
2. Was administered by a person who holds
a valid license as a polygraphic examiner or intern or is qualified as a
polygraphic examiner or intern and exempt from the requirement of licensing.
(Added to NRS by 1985, 1330)
NRS 648.185 Approval of polygraph required; conditional approval.
1. Each instrument used to conduct a
polygraphic examination must be of a type approved by the Board. The Board
shall approve instruments which:
(a) Are of commercial manufacture;
(b) Visually, permanently and simultaneously
record on a moving graph, physiological effects, including cardiovascular
activity, respiratory activity and changes in skin resistance, as well as any
other activity which the Board deems relevant to the purposes of a polygraphic
examination; and
(c) Meet the minimum standards of accuracy and
reliability adopted by the Board.
2. Nothing in this chapter restricts the
development of instruments or electronic or mechanical devices to record
physiological events for the purpose of forming an opinion concerning the
veracity of a statement made by the person examined.
3. The Board may grant conditional
approval to instruments for use in research.
(Added to NRS by 1985, 1330)
NRS 648.187 Person examined must be advised of right to refuse to answer
incriminating or degrading questions. Except
in the case of an investigation of its own affairs conducted by a law
enforcement agency, an examiner or intern shall, before beginning a polygraphic
examination, inform the person examined that he or she has the right to refuse
to answer any questions if the answer would tend to incriminate or degrade the
person.
(Added to NRS by 1985, 1331)
NRS 648.189 Explanation of purpose of examination; consent; prohibited
purposes. A polygraphic
examination must not be conducted:
1. Unless the person examined is advised
of the purpose of the examination.
2. Unless the person examined consents to
it in writing.
3. For the purpose of interfering with or
preventing lawful activities of organized labor.
4. If the person examined is less than 18
years of age, unless the written consent of a parent or legal guardian has been
obtained after the parent or guardian has been informed of the nature of the
examination and the matters to be covered.
5. To circumvent or in defiance of the
law.
(Added to NRS by 1985, 1331)
NRS 648.191 Technique for conducting examination. In
conducting a polygraphic examination, an examiner or intern shall use only
standard and widely accepted techniques based on comparison of the reaction to
relevant questions and to questions asked as a control or techniques based on
comparison of peaks of tension. All questions used during the examination must
be reviewed with the person examined before being used. Minor modification of
technique, not affecting its integrity, may be used when necessary or
appropriate for the issue under investigation.
(Added to NRS by 1985, 1331)
NRS 648.193 Inquiries into examinee’s religion, political affiliation,
sexual activities or affiliation with labor organization prohibited; exception. During a polygraphic examination, the examiner
or intern shall not make inquiries into the religion, political affiliations,
affiliations with labor organizations or sexual activities of the person
examined unless the person’s religion or those affiliations or activities are
germane to the issue under investigation and the inquiries are made at the
request of the person examined.
(Added to NRS by 1985, 1331)
NRS 648.195 Opinion of examiner.
1. An examiner or intern shall not render
a written or oral opinion based upon his or her analysis of polygraphic charts
without administering two or more charts with the same questions on at least
two of the charts.
2. An examiner or intern shall not render
an opinion based upon analysis of polygraphic charts without affording the
person examined an opportunity to explain any physiological effects recorded on
those charts which indicate deception on the part of the person examined.
3. The opinion of an examiner or intern
with regard to a polygraphic examination may refer only to truth or deception
on the part of the person examined. An examiner or intern may not give an
opinion as to the guilt or innocence of the person examined. An examiner or
intern may indicate the person’s knowledge of elements of an act as shown by
analysis of polygraphic charts obtained during the conduct of examinations
which measure peaks of tension.
4. An examiner or intern shall advise the
person examined of his or her opinion concerning the person’s veracity within a
reasonable time after the examination.
(Added to NRS by 1985, 1331)
NRS 648.197 Chronological log; polygraph charts; records; release of results
of polygraphic examination.
1. Each examiner or intern shall maintain
a chronological log of all polygraphic examinations which he or she
administers. The log must include the date of each examination, the name of the
person examined, and an identifying case or file number.
2. All polygraphic charts must be
identified with the name of the person examined, the date of the examination,
an identifying case or file number and the signature or initials of the
examiner or intern.
3. The records of a polygraphic
examination, including the written consent of the person examined, the
questions asked, notes and charts obtained during the examination, must be
maintained in a manner which protects their confidentiality by the examiner or
intern or his or her employer, for a period of not less than 3 years.
4. Except when ordered to do so by a court
of competent jurisdiction, or as otherwise provided by law, a person who
possesses the results of a polygraphic examination or information obtained
during a polygraphic examination shall not release the results or the
information obtained without the written consent of the person examined.
(Added to NRS by 1985, 1332)
NRS 648.199 Availability of charts and records of examination to other
polygraphic examiners. An examiner
or intern may make charts and other records of an examination available to
another polygraphic examiner or intern or group of polygraphic examiners or
interns, including the Board and its representatives, for the purpose of
consultation or review under conditions which ensure the confidentiality of the
examination and its results.
(Added to NRS by 1985, 1332)
UNLAWFUL ACTS; PENALTIES
NRS 648.200 Divulgence of information; false reports. It is unlawful for any licensee or any
employee, security guard, officer or member of any licensee:
1. To divulge to anyone, except as he or
she may be so required by law to do, any information acquired by him or her
except at the direction of the employer or client for whom the information was
obtained.
2. To make a false report to his or her
employer or client.
[Part 15:85:1947; 1943 NCL § 5175.15]—(NRS A 1989, 1210)
NRS 648.203 Unlawful to allow unregistered employee to work; use of
fingerprints to determine criminal history.
1. Except as otherwise provided in NRS 253.220, it is unlawful for a person
to allow an employee to perform any work regulated pursuant to the provisions
of this chapter unless the employee is registered pursuant to this chapter. The
provisions of this subsection do not apply to a person licensed pursuant to
this chapter.
2. The Board shall require any person
applying for registration pursuant to this chapter to submit a complete set of
fingerprints or a receipt for electronically submitted fingerprints to the
Board or to the sheriff of a county whose population is 100,000 or more who has
entered into a contract with the Board to perform such services, who shall
forward the fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of Investigation to
determine the applicant’s criminal history.
(Added to NRS by 1989, 1210; A 1991, 184; 1997, 210; 2003, 2865; 2007, 2492; 2009, 1946)
NRS 648.205 Waiver of liability prohibited. A
person shall not request any person examined to sign a waiver limiting the
liability of the examiner or intern. Any such waiver is void.
(Added to NRS by 1989, 15)
NRS 648.210 Penalties. A person
who violates any of the provisions of NRS 648.060
to 648.205, inclusive:
1. For the first violation is guilty of a
misdemeanor.
2. For the second and subsequent
violations, is guilty of a gross misdemeanor.
[Part 5:85:1947; 1943 NCL § 5175.05] + [15:85:1947;
1943 NCL § 5175.15]—(NRS A 1967, 645; 1971, 1090; 1985, 1343; 1989, 1211; 2011, 130)
