[Rev. 2/10/2015 4:39:41
PM--2014R2]
CHAPTER 228 - ATTORNEY GENERAL
GENERAL PROVISIONS
NRS 228.010 Qualifications.
NRS 228.020 Election;
term of office.
NRS 228.030 Commission
and oath.
NRS 228.040 Office.
NRS 228.060 Absence
from State limited.
NRS 228.070 Salary;
private practice of law prohibited.
NRS 228.080 Appointment,
powers and oaths of deputies; private practice of law prohibited.
NRS 228.090 Special
deputy where services of Attorney General’s Office are required in remote
counties of State or where case with large number of litigants and voluminous
evidence was initiated during term of previous officeholder: Appointment;
duties.
NRS 228.091 Special
deputy to provide legal advice to regulatory body: Appointment; compensation.
NRS 228.092 Administrative
Assistant: Appointment; classification.
NRS 228.096 Attorney
General’s Special Fund: Creation; claims.
NRS 228.097 Deposit
of money collected by Attorney General in State General Fund.
NRS 228.098 Attorney
General’s Administration Budget Account.
NRS 228.099 Revolving
Account for Office of Attorney General: Creation; deposits; claims.
NRS 228.100 Reports.
NRS 228.110 Legal
adviser on matters arising in Executive Department; limitation on employment of
private attorney.
NRS 228.113 Charges
for services.
NRS 228.120 Appearance
before grand jury; supervision of district attorneys; prosecution of criminal
cases; subpoenas.
NRS 228.125 Prosecutions:
Statutory duty or right of district attorney applies to Attorney General.
NRS 228.130 District
attorney may request assistance from Attorney General in criminal prosecutions;
appointment of special prosecutor under certain circumstances; compensation.
NRS 228.135 Establishment
of program to assist law enforcement personnel and prosecuting attorneys in
complying with Vienna Convention on Consular Relations; regulations.
NRS 228.137 Establishment
of program to assist prosecuting attorneys and law enforcement officers in
preventing persons subject to international travel restrictions from obtaining
or using United States passport; regulations.
NRS 228.140 Prosecution
and defense of causes in Supreme Court; accounting; assistance in impeachments.
NRS 228.150 Written
opinions; payment for services.
NRS 228.160 Records
of cases: Contents; inspection.
NRS 228.165 Office
of Attorney General to provide Legislative Counsel with index of certain court
rulings.
NRS 228.170 Commencement
or defense of action to protect interest of State; prosecution of prisoners and
persons acting in concert with prisoners.
NRS 228.175 Prosecution
of offense by state officer or employee.
NRS 228.177 Prosecution
of offense by county officer or employee.
NRS 228.178 Technological
crimes: Investigation and prosecution; pursuit of forfeiture; equitable relief.
NRS 228.180 Commencement
and defense of actions concerning rights of State and its residents in
interstate waters and public lands.
NRS 228.190 Intervention
or appearance in judicial or administrative proceeding concerning interstate
waters, public lands or construction of dams, power plants or other structures.
NRS 228.200 Printing
of findings of fact, conclusions of law and decree involving more than 100
litigants, including State Engineer; payment of expenses.
NRS 228.205 Victim
Information Notification Everyday System: Establishment; appointment of
Governance Committee; duties of Governance Committee; no cause of action by
victim established by failure of System.
NRS 228.210 Neglect
of duty: Penalty.
UNIT FOR THE INVESTIGATION AND PROSECUTION OF CRIMES AGAINST
OLDER PERSONS
NRS 228.250 Definitions.
NRS 228.255 “Older
person” defined.
NRS 228.260 “Unit”
defined.
NRS 228.265 Creation.
NRS 228.270 Powers:
Investigation and prosecution of alleged crimes; organization or sponsorship of
multidisciplinary teams.
NRS 228.275 Powers:
Action to enjoin or obtain other relief.
NRS 228.280 Crimes
against older persons: Liability for civil penalties; deposit of civil
penalties.
NRS 228.285 Account
for the Unit for the Investigation and Prosecution of Crimes Against Older
Persons: Creation; use.
NRS 228.290 Gifts,
grants, appropriations or donations; deposit of money in designated Account.
BUREAU OF CONSUMER PROTECTION
NRS 228.300 Definitions.
NRS 228.302 “Bureau
of Consumer Protection” defined.
NRS 228.304 “Consumer’s
Advocate” defined.
NRS 228.306 “Cooperative
utility” defined.
NRS 228.308 “Public
interest” defined.
NRS 228.310 Creation;
executive head.
NRS 228.320 Appointment
of Consumer’s Advocate; term of office; qualifications; removal from office.
NRS 228.330 Employees;
equipment; office space; subpoenas; other necessary functions and arrangements.
NRS 228.340 Account
for the Bureau of Consumer Protection: Deposits; use; claims.
NRS 228.350 Account
for the Consumer’s Advocate: Gifts and grants.
NRS 228.355 Revolving
account: Use for payment of expenses relating to certain undercover
investigations; powers and duties of Consumer’s Advocate.
NRS 228.360 Powers
regarding certain public utilities.
NRS 228.370 Duty
of certain public utilities to provide documents.
NRS 228.380 Authority
to exercise power of Attorney General in areas of consumer protection;
exceptions; expenditures; limitations on powers relating to discretionary or
competitive telecommunication services.
NRS 228.390 Representation
of customers’ interests.
MEDICAID FRAUD
NRS 228.410 Jurisdiction
of Attorney General in cases involving Medicaid fraud; establishment of
Medicaid Fraud Control Unit; duties and powers; recovery of reasonable costs and
expenses.
NRS 228.411 Authority
of Attorney General to subpoena and use certain documents, records and
materials; penalty for noncompliance with subpoena; required contents of
subpoena.
INSURANCE FRAUD
NRS 228.412 Jurisdiction
of Attorney General in cases involving insurance fraud; establishment of Fraud
Control Unit for Insurance; duties and powers.
INDUSTRIAL INSURANCE FRAUD
NRS 228.420 Jurisdiction
of Attorney General in cases involving industrial insurance fraud;
establishment of Fraud Control Unit for Industrial Insurance; duties and
powers.
DOMESTIC VIOLENCE
General Provisions
NRS 228.423 Definitions.
NRS 228.427 “Council”
defined.
NRS 228.430 “Domestic
violence” defined.
Ombudsman for Victims of Domestic Violence
NRS 228.440 Creation
of Office; appointment; qualifications; removal.
NRS 228.450 Duties;
confidentiality of certain information collected in discharge of duties; use of
grants to compensate.
Account for Programs Related to Domestic Violence
NRS 228.460 Creation;
administration; expenditures; claims.
Committee on Domestic Violence
NRS 228.470 Appointment
of members; duties; Chair; meetings; quorum; voting; staff; compensation of
members.
Nevada Council for the Prevention of Domestic Violence
NRS 228.480 Creation;
appointment of members; compensation of members.
NRS 228.485 Chair;
meetings; adoption of rules.
NRS 228.490 Duties.
Multidisciplinary Teams to Review the Death of the Victim of
Certain Crimes that Constitute Domestic Violence
NRS 228.495 Organizing
or sponsorship; powers and duties; membership; participation by organizations
concerned with domestic violence; authority and duties of Attorney General;
immunity and liability of members; inadmissibility of review; report.
NRS 228.497 Access
to information and records.
TELECOMMUNICATION SOLICITATION
NRS 228.500 Definitions.
NRS 228.510 “Registry”
defined.
NRS 228.520 “Telephone
solicitor” defined.
NRS 228.530 “Unsolicited
telephone call for the sale of goods or services” defined.
NRS 228.540 National
database of telephone numbers of persons requesting not to receive unsolicited
telephone calls for sale of goods or services: Attorney General findings;
effect on registry.
NRS 228.550 Registry
of names and telephone numbers of persons requesting not to receive unsolicited
telephone calls for sale of goods or services; maintenance.
NRS 228.560 Public
service announcement concerning registry.
NRS 228.570 Publication
of information in registry.
NRS 228.580 Availability
of telephone numbers in registry to telephone solicitors.
NRS 228.590 Calls
prohibited to telephone numbers in registry; limited use of information in
registry.
NRS 228.600 Telephone
solicitors: Use of telephone numbers in registry; establishment of internal
registry of telephone numbers of persons requesting not to receive unsolicited
telephone calls; notice to persons with whom solicitor has preexisting business
relationship; exception.
NRS 228.610 Attorney
General to institute legal proceedings against violator.
NRS 228.620 Violation
constitutes deceptive trade practice.
NRS 228.630 Registry
Account: Creation; administration.
NRS 228.640 Regulations.
OFFICE OF STATEWIDE COORDINATOR FOR CHILDREN WHO ARE
ENDANGERED BY DRUG EXPOSURE
NRS 228.700 “Child
who is endangered by drug exposure” defined.
NRS 228.710 Creation;
appointment of Statewide Coordinator; Statewide Coordinator in unclassified
service.
NRS 228.720 Duties
of Statewide Coordinator; acceptance of gifts, grants and other money.
SUBSTANCE ABUSE WORKING GROUP
NRS 228.800 Creation;
composition; officers; terms; service without compensation; members employed by
State or political subdivision; administrative support. [Effective through June
30, 2015.]
NRS 228.810 Meetings.
[Effective through June 30, 2015.]
NRS 228.820 Duties;
reports. [Effective through June 30, 2015.]
_________
GENERAL PROVISIONS
NRS 228.010 Qualifications. No
person shall be eligible to the Office of Attorney General unless the person:
1. Has attained the age of 25 years at the
time of such election; and
2. Is a qualified elector and has been a
citizen resident of this State for 2 years next preceding the election.
[Part 2:108:1866; A 1953, 711; 1955, 459]
NRS 228.020 Election; term of office.
1. The Attorney General shall be elected
by the qualified electors of the State.
2. The Attorney General shall be chosen at
the general election of 1866, and every 4th year thereafter, and shall hold
office for the term of 4 years from the time of his or her installment and
until his or her successor shall be qualified.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL §
2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773;
NCL § 4773] + [Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL
§ 4774]
NRS 228.030 Commission and oath. The
Attorney General shall be commissioned by the Governor, and shall take the oath
prescribed by the Constitution.
[Part 1:67:1867; B § 2773; BH § 1778; C § 1999; RL §
4128; NCL § 7307]
NRS 228.040 Office. The
Attorney General shall keep his or her office at the seat of government.
[Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL
§ 2774; NCL § 4774] + [Part 1:67:1867; B § 2773; BH § 1778; C § 1999; RL §
4128; NCL § 7307]—(NRS A 1977, 1369)
NRS 228.060 Absence from State limited. The
Attorney General shall not absent himself or herself from the State exceeding
60 consecutive days without leave of absence from the Legislature.
[Part 1:67:1867; B § 2773; BH § 1778; C § 1999; RL §
4128; NCL § 7307]
NRS 228.070 Salary; private practice of law prohibited.
1. Until the first Monday in January 2007,
the Attorney General is entitled to receive an annual salary of $110,000. From
the first Monday in January 2007, until the first Monday in January 2011, the
Attorney General is entitled to receive an annual salary of $133,000.
2. On the first Monday in January 2011 and
on the first Monday of every fourth year thereafter, the salary of the Attorney
General must be increased by an amount equal to the cumulative percentage
increase in the salaries of the classified employees of this State during the
immediately preceding term of the Attorney General.
3. Except as otherwise provided in NRS 7.065, the Attorney General shall not
engage in the private practice of law.
[6:295:1953; A 1955, 527] + [5:320:1955] +
[11:320:1955] + [13:320:1955]—(NRS A 1957, 541; 1961, 306; 1965, 971; 1969,
791; 1971, 2208; 1977,
1016; 1981,
1371; 1985,
1610; 1989,
202, 1898;
1997, 1227;
2005, 1184)
NRS 228.080 Appointment, powers and oaths of deputies; private practice of
law prohibited.
1. The Attorney General may appoint as
many deputies as he or she may deem necessary to perform fully the duties of
his or her office. All deputies so appointed may perform all duties now
required of the Attorney General.
2. Before entering upon the discharge of
his or her duties, each deputy so appointed shall take and subscribe to the
constitutional oath of office, which must be filed in the Office of the
Secretary of State.
3. Except as otherwise provided in NRS 7.065, deputy attorneys general shall
not engage in the private practice of law.
[1:15:1908; RL § 4135; NCL § 7314] + [2:15:1908; RL §
4136; NCL § 7315]—(NRS A 1967, 1488; 1971, 1424; 1973, 677; 1981, 1272; 1985, 255; 1989, 203; 1993, 2528)
NRS 228.090 Special deputy where services of Attorney General’s Office are
required in remote counties of State or where case with large number of
litigants and voluminous evidence was initiated during term of previous
officeholder: Appointment; duties.
1. In cases of emergency where the
services of the Attorney General’s Office are required in remote counties of
the State, the Attorney General may, when it appears for the best interests of
the State to do so, appoint a resident attorney at law of such county as
special deputy.
2. In any case where:
(a) The Attorney General represents the State of
Nevada or any officer, board, commission, appointee or department of the State;
(b) There are 100 or more litigants involved in
the case or litigation;
(c) The trial or hearings in such litigation have
been completed and the case or litigation has been decided by the court but the
written findings of fact, conclusions of law, and judgment and decree have not
been prepared or settled, determined, entered, signed and filed by the court
before the beginning of the term of office of the Attorney General who is in
office at the time such written findings and conclusions and the judgment and
decree are to be prepared or settled, determined, entered, signed and filed by
the court; and
(d) The evidence in the case is voluminous,
Ê the
incumbent Attorney General is authorized and directed, in the interest of
promptness and efficiency in the final determination of such litigation, to
appoint a special deputy attorney general.
3. The special deputy attorney general
appointed in the manner provided in subsection 2 shall:
(a) Prepare and supervise the preparation of such
findings of fact, conclusions of law and judgment and decree to be prepared for
and on behalf of the State of Nevada or such officer, board, commission,
appointee or department thereof;
(b) Present the same to the court or to the
former district judge thereof authorized and empowered to hear and determine
the same, within the time now or hereafter provided by law therefor; and
(c) Represent the State and such officer, board,
commission, appointee or department thereof in any and all hearings incident to
any and all such findings of fact, conclusions of law, and judgment and decree,
and in any and all objections and exceptions thereto presented to the court or
to the former district judge thereof authorized and empowered to hear and
determine the same in any such case for settlement, determination, signing and
filing in such case and in any and all motions for new trials and also in any
and all matters incident thereto, all within the time now or hereafter provided
by law therefor.
[Part 2:235:1931; 1931 NCL § 7313.02]
NRS 228.091 Special deputy to provide legal advice to regulatory body:
Appointment; compensation.
1. If the Attorney General:
(a) Has been designated as the legal adviser for
a regulatory body; and
(b) Determines at any time that it is
impracticable or uneconomical or could constitute a conflict of interest for
the Attorney General or a deputy attorney general to provide legal advice to
the regulatory body,
Ê the Attorney
General may appoint a special deputy to provide legal advice to the regulatory
body.
2. Compensation for a special deputy
appointed pursuant to subsection 1 must be:
(a) Fixed by the Attorney General, subject to the
approval of the State Board of Examiners; and
(b) Paid by the regulatory body for which the
special deputy is appointed to provide legal advice.
3. The provisions of this section do not
alter, limit or otherwise affect the authority of the Attorney General to:
(a) Appoint a special deputy or special deputy
attorney general for the purposes specified in NRS
228.090; or
(b) Employ special counsel for the purposes
specified in NRS 41.03435.
4. As used in this section, “regulatory
body” has the meaning ascribed to it in NRS
622.060.
(Added to NRS by 2011, 372)
NRS 228.092 Administrative Assistant: Appointment; classification. The Attorney General may appoint and employ an
Administrative Assistant in the unclassified service of this State.
(Added to NRS by 1997, 1741)
NRS 228.096 Attorney General’s Special Fund: Creation; claims.
1. The Attorney General’s Special Fund is
hereby created as a special revenue fund.
2. All claims against the Fund must be
paid as other claims against the State are paid.
(Added to NRS by 1979, 99; A 1997, 1967)
NRS 228.097 Deposit of money collected by Attorney General in State General
Fund. The Attorney General shall
deposit in the State General Fund all money collected by him or her which is in
excess of the amount authorized for expenditure by the Legislature.
(Added to NRS by 1979, 351; A 1997, 1967)
NRS 228.098 Attorney General’s Administration Budget Account. Money for the support of the operations of the
Office of Attorney General from whatever source it is derived must be accounted
for in the Attorney General’s Administration Budget Account.
(Added to NRS by 1979, 273; A 1997, 1968)
NRS 228.099 Revolving Account for Office of Attorney General: Creation;
deposits; claims.
1. There is hereby created a Revolving
Account for the Office of Attorney General in the sum of $5,000, which must be
used for payment of expenses related to litigation which are unexpected and
require prompt payment and for no other purposes.
2. The Attorney General shall deposit the
money in the Revolving Account in a bank or credit union qualified to receive
deposits of public money as provided by law and the deposit must be secured by
a depository bond satisfactory to the State Board of Examiners.
3. The Attorney General or his or her
designee may sign all checks drawn upon the Revolving Account.
4. Payments made for litigation expenses
from the Revolving Account must be promptly reimbursed from the legislative
appropriation or authorization, if any, to the account of the Attorney General
relating to the matter for which the litigation expenses were incurred. The
claim for reimbursement must be processed and paid as other claims against the
State are paid.
(Added to NRS by 1991, 2085; A 1999, 1463; 2005, 667)
NRS 228.100 Reports.
1. Before September 1 of each
even-numbered year, for the biennium ending June 30 of such year, the Attorney
General shall report to the Governor the condition of the affairs of his or her
department, and in such report the Attorney General shall make such suggestions
as shall appear to him or her calculated to improve the laws of the State.
2. The Attorney General shall communicate
to the Governor or either branch of the Legislature, when requested, any
information concerning his or her office.
[5:67:1867; B § 2777; BH § 1782; C § 2003; RL § 4132;
NCL § 7311]—(NRS A 1969, 1455)
NRS 228.110 Legal adviser on matters arising in Executive Department;
limitation on employment of private attorney.
1. The Attorney General and the duly appointed
deputies of the Attorney General shall be the legal advisers on all state
matters arising in the Executive Department of the State Government.
2. No officer, commissioner or appointee
of the Executive Department of the Government of the State of Nevada shall
employ any attorney at law or counselor at law to represent the State of Nevada
within the State, or to be compensated by state funds, directly or indirectly,
as an attorney acting within the State for the State of Nevada or any agency in
the Executive Department thereof unless the Attorney General and the deputies
of the Attorney General are disqualified to act in such matter or unless an act
of the Legislature specifically authorizes the employment of other attorneys or
counselors at law.
3. All claims for legal services rendered
in violation of this section shall be void.
[1:235:1931; 1931 NCL § 7313.01] + [Part 2:235:1931;
1931 NCL § 7313.02] + [3:235:1931; 1931 NCL § 7313.03]—(NRS A 1963, 1191)
NRS 228.113 Charges for services.
1. The Attorney General may charge all
state agencies which are not supported entirely from the State General Fund for
all services his or her office provides to those agencies, to the extent that
the cost of such services is not included in the budget of the Office of the
Attorney General.
2. A state agency which is included in the
cost allocation plan prepared by the Director of the Department of
Administration pursuant to NRS 353.331
must be charged an amount determined in accordance with the cost allocation
plan.
3. A state agency which is not included in
the cost allocation plan must be charged for services on an hourly basis in an
amount sufficient to pay the salary and other expenses of the deputy attorney
general who provides the services.
(Added to NRS by 1979, 351; A 1995, 1536)
NRS 228.120 Appearance before grand jury; supervision of district attorneys;
prosecution of criminal cases; subpoenas. The
Attorney General may:
1. Appear before any grand jury, when in
his or her opinion it is necessary, and present evidence of the commission of a
crime or violation of any law of this State; examine witnesses before the grand
jury, and draw indictments or presentments for the grand jury, and thereafter
conduct the proceedings.
2. Exercise supervisory powers over all
district attorneys of the State in all matters pertaining to the duties of
their offices, and from time to time require of them reports as to the
condition of public business entrusted to their charge.
3. Appear in, take exclusive charge of and
conduct any prosecution in any court of this State for a violation of any law
of this State, when in his or her opinion it is necessary, or when requested to
do so by the Governor.
4. In any proceeding conducted by a grand
jury or in any criminal prosecution in any court, issue subpoenas for witnesses
together with any books, memoranda, papers and other documents.
5. When acting pursuant to any provision
of law allowing or requiring him or her to act in a criminal matter, institute
criminal proceedings:
(a) By filing a complaint in a justice or
municipal court, where a misdemeanor is charged; or
(b) By filing a complaint and commencing a
preliminary examination where a gross misdemeanor or felony is charged and
thereafter filing an information in the district court,
Ê and may conduct
those proceedings.
[1:5:1908; RL § 4137; NCL § 7316]—(NRS A 1979, 1093; 1981, 462, 546; 1989, 162)
NRS 228.125 Prosecutions: Statutory duty or right of district attorney
applies to Attorney General. When
the Attorney General is acting in a criminal matter and a statutory duty or
right is provided for the district attorney related to the prosecution of that
offense, the statutory provision applies to the Attorney General as it would
apply to the district attorney if the district attorney were conducting the
prosecution.
(Added to NRS by 1985, 1424)
NRS 228.130 District attorney may request assistance from Attorney General
in criminal prosecutions; appointment of special prosecutor under certain
circumstances; compensation.
1. In all criminal cases where, in the
judgment of the district attorney, the personal presence of the Attorney
General or the presence of a deputy attorney general or special investigator is
required in cases mentioned in subsection 2, before making a request upon the
Attorney General for such assistance the district attorney must first present
his or her reasons for making the request to the board of county commissioners
of his or her county and have the board adopt a resolution joining in the
request to the Attorney General.
2. In all criminal cases where assistance
is requested from the Attorney General’s Office, as described in subsection 1,
in the presentation of criminal cases before a committing magistrate, grand
jury, or district court, the board of county commissioners of the county making
such request shall, upon the presentation to the board of a duly verified claim
setting forth the expenses incurred, pay from the general funds of the county
the actual and necessary traveling expenses of the Attorney General or his or her
deputy attorney general or his or her special investigator from Carson City,
Nevada, to the place where such proceedings are held and return therefrom, and
also pay the amount of money actually expended by such person for board and
lodging from the date such person leaves until the date he or she returns to
Carson City.
3. This section must not be construed as
directing or requiring the Attorney General to appear in any proceedings
mentioned in subsection 2, but in acting upon any such request the Attorney
General may exercise his or her discretion, and his or her judgment in such
matters is final.
4. In addition to any payment of expenses
pursuant to subsection 2, the Attorney General may charge for the costs of
providing assistance in the prosecution of a category A or B felony pursuant to
this section. Such costs must be agreed upon by the Attorney General and the
district attorney for the county for which the Attorney General provides
assistance.
5. If the Attorney General:
(a) Is requested, pursuant to subsection 1, to
provide assistance to a district attorney in the presentation of a criminal
case before a committing magistrate, grand jury or district court; and
(b) Determines at any time before trial that it
is impracticable or uneconomical or could constitute a conflict of interest for
the Attorney General or a deputy attorney general to provide such assistance,
Ê the Attorney
General may, with the concurrence of the board of county commissioners and the
district attorney, appoint a special prosecutor to present the criminal case.
6. Except as otherwise provided in
subsection 7, compensation for a special prosecutor appointed pursuant to
subsection 5 must be fixed by the Attorney General, subject to the approval of
the State Board of Examiners.
7. For the prosecution of a category A or
B felony, compensation and other terms and conditions must be agreed upon by
the Attorney General and the district attorney of the county for which the
special prosecutor is appointed to provide assistance.
[1:38:1923; NCL § 7323] + [2:38:1923; NCL § 7324] +
[3:38:1923; NCL § 7325]—(NRS A 1969, 129; 2011, 368, 372)
NRS 228.135 Establishment of program to assist law enforcement personnel and
prosecuting attorneys in complying with Vienna Convention on Consular
Relations; regulations.
1. The Attorney General may establish a
program to assist law enforcement personnel and prosecuting attorneys in
complying with the requirements of Article 36 of the Vienna Convention on
Consular Relations, April 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261.
2. The Attorney General may adopt such
regulations as necessary to carry out the provisions of subsection 1.
(Added to NRS by 2013, 166)
NRS 228.137 Establishment of program to assist prosecuting attorneys and law
enforcement officers in preventing persons subject to international travel
restrictions from obtaining or using United States passport; regulations.
1. The Office of the Extradition
Coordinator within the Office of the Attorney General may establish a program
that assists prosecuting attorneys and law enforcement officers in this State
in coordinating with the United States Department of State to prevent criminal
offenders or persons charged with a crime who are subject to court-ordered
restrictions on international travel from obtaining or using a United States
passport.
2. The Attorney General may adopt
regulations to carry out the provisions of this section.
(Added to NRS by 2013, 819)
NRS 228.140 Prosecution and defense of causes in Supreme Court; accounting;
assistance in impeachments.
1. The Attorney General shall attend each
of the terms of the Supreme Court, and there prosecute or defend, as the case
may be, on the part of the State:
(a) All causes to which the State may be a party;
(b) All causes to which any officer of the State,
in his or her official capacity, may be a party;
(c) All causes to which any county may be a
party, other than those in which the interest of the county may be adverse to
the State, or any officer of the State, acting in his or her official capacity,
and
Ê after
judgment obtained in any such cause, the Attorney General shall direct such
proceedings, and sue out such process as may be required to carry the same into
execution.
2. The Attorney General shall:
(a) Account for and pay over to the proper
officer, without delay, all moneys which may come into his or her hands
belonging to the State or any county.
(b) Assist in all impeachments which may be tried
before the Senate.
[2:67:1867; B § 2774; BH § 1779; C § 2000; RL § 4129;
NCL § 7308]
NRS 228.150 Written opinions; payment for services.
1. When requested, the Attorney General
shall give his or her opinion, in writing, upon any question of law, to the
Governor, the Secretary of State, the State Controller, the State Treasurer,
the Director of the Department of Corrections, to the head of any state
department, agency, board or commission, to any district attorney and to any
city attorney of any incorporated city within the State of Nevada, upon any
question of law relating to their respective offices, departments, agencies,
boards or commissions.
2. Nothing contained in subsection 1
requires the Attorney General to give his or her written opinion to any city
attorney concerning questions relating to the interpretation or construction of
city ordinances.
3. Money may be paid to the Office of the
Attorney General pursuant to law, or pursuant to an agreement with an agency of
the State, for the performance of any duty or service provided by his or her
office.
[3:67:1867; B § 2775; BH § 1780; C § 2001; RL § 4130;
NCL § 7309]—(NRS A 1957, 655; 1959, 692; 1971, 1169; 1977, 870; 1979, 273; 2001
Special Session, 232; 2011, 373)
NRS 228.160 Records of cases: Contents; inspection.
1. The Attorney General shall keep a
record of each:
(a) Civil case to which the State or any officer
of the State in his or her official capacity is a party; and
(b) Criminal case for which he or she is the
principal prosecuting attorney.
2. The record must contain a copy of all
pleadings and process, interlocutory and final orders, judgments and decrees,
process issued thereon and satisfaction thereof, and memorandum of sentence.
3. Such records must be open to the public
for inspection during business hours.
[4:67:1867; B § 2776; BH § 1781; C § 2002; RL § 4131;
NCL § 7310]—(NRS A 1971, 849; 1985, 56)
NRS 228.165 Office of Attorney General to provide Legislative Counsel with
index of certain court rulings. On
or before September 1 of each even-numbered year, the Office of the Attorney
General shall provide to the Legislative Counsel an index of all court rulings
it has received pursuant to NRS 2.165, 3.241 and 4.235 during the immediately preceding
2-year period.
(Added to NRS by 2013, 819)
NRS 228.170 Commencement or defense of action to protect interest of State;
prosecution of prisoners and persons acting in concert with prisoners.
1. Whenever the Governor directs or when,
in the opinion of the Attorney General, to protect and secure the interest of
the State it is necessary that a suit be commenced or defended in any federal
or state court, the Attorney General shall commence the action or make the
defense.
2. The Attorney General may investigate
and prosecute any crime committed by a person:
(a) Confined in or committed to an institution or
facility of the Department of Corrections.
(b) Acting in concert with, whether as a
principal or accessory, any person confined in or committed to an institution
or facility of the Department of Corrections.
(c) In violation of chapter
212 of NRS, if the crime involves:
(1) An institution or facility of the
Department of Corrections; or
(2) A person confined in or committed to
such an institution or facility.
[6:67:1867; B § 2778; BH § 1783; C § 2004; RL § 4133;
NCL § 7312]—(NRS A 1975, 654; 1983, 728; 1985, 56; 1989, 162; 2001
Special Session, 233)
NRS 228.175 Prosecution of offense by state officer or employee.
1. As used in this section “state officer
or employee” means an elected officer of the State or any state officer or
employee who is compensated from the State Treasury.
2. The Attorney General has primary
jurisdiction to investigate and prosecute criminal offenses committed by state
officers or employees in the course of their duties or arising out of
circumstances related to their positions.
3. A district attorney may investigate an
offense specified in subsection 2 if:
(a) The Attorney General has stated in writing to
the district attorney that the Attorney General does not intend to act in the
matter; or
(b) The district attorney has inquired in writing
of the Attorney General whether the Attorney General will act in the matter,
and:
(1) The district attorney has not received
an answer in writing to his or her inquiry within 30 days after making it; or
(2) The Attorney General has stated in
writing to the district attorney that he or she will act in the matter and has
not filed a criminal action in the matter within 90 days after making the
statement.
4. When he or she is acting pursuant to
this section, the Attorney General may commence his or her investigation and
file a criminal action without leave of court, and he or she has exclusive
charge of the conduct of the prosecution.
5. The fact that the Attorney General or a
district attorney has not complied with any provision of this section is not a
defense in a criminal action.
(Added to NRS by 1981, 1250)
NRS 228.177 Prosecution of offense by county officer or employee.
1. As used in this section “county officer
or employee” means an elected officer of a county or any county officer or
employee who is compensated from a county treasury.
2. The Attorney General may investigate
and prosecute any criminal offense committed by a county officer or employee in
the course of his or her duties or arising out of circumstances related to his
or her position, if:
(a) The district attorney of the county has
stated in writing to the Attorney General that he or she does not intend to act
in the matter; or
(b) The Attorney General has inquired in writing
of the district attorney whether he or she intends to act in the matter and:
(1) The Attorney General has not received
a written response within 30 days after the district attorney received the
inquiry; or
(2) The district attorney responds in
writing that he or she intends to act in the matter, but an information or
indictment is not filed within 90 days after the response.
3. When he or she is acting pursuant to
this section, the Attorney General may commence his or her investigation and
file a criminal action with leave of court, and the Attorney General has
exclusive charge of the conduct of the prosecution.
4. An information or indictment may not be
dismissed on the ground that the district attorney or Attorney General has not
complied with this section.
(Added to NRS by 1985, 1564)
NRS 228.178 Technological crimes: Investigation and prosecution; pursuit of
forfeiture; equitable relief.
1. The Attorney General may:
(a) Investigate and prosecute any alleged
technological crime.
(b) Pursue the forfeiture of property relating to
a technological crime in accordance with the provisions of NRS 179.1211 to 179.1235, inclusive.
(c) Bring an action to enjoin or obtain any other
equitable relief to prevent the occurrence or continuation of a technological
crime.
2. As used in this section, “technological
crime” has the meaning ascribed to it in NRS
205A.030.
(Added to NRS by 2013, 822)
NRS 228.180 Commencement and defense of actions concerning rights of State
and its residents in interstate waters and public lands. The Attorney General, with the consent of the
Governor, is authorized to commence and maintain, or defend, in the Supreme
Court of the United States, or in any court having jurisdiction of the action,
in the name of the State of Nevada, or otherwise, such proceedings at law or in
equity as in the judgment of the Attorney General may be necessary or expedient
for the purpose of establishing and determining the rights of the State of
Nevada, or the residents thereof, in and to:
1. The waters of all interstate streams
located partly in the State of Nevada, where such waters, or part thereof, are
claimed by any other state or the citizens thereof.
2. The public lands, and to the waters
therein and thereunder, located in the State of Nevada.
[1:138:1915; A 1955, 66]
NRS 228.190 Intervention or appearance in judicial or administrative
proceeding concerning interstate waters, public lands or construction of dams,
power plants or other structures.
1. The Attorney General, in the name of
the State, is authorized to intervene or to appear in:
(a) Any action or proceeding at law or in equity
which may now or hereafter be pending, when it is necessary for or incident to
the purpose of establishing and determining the rights of the State of Nevada,
or the residents thereof, in and to:
(1) The waters of all interstate streams
located partly in Nevada, where such waters or a part thereof are claimed by
any other state or the citizens thereof.
(2) The public lands, and to the waters therein
and thereunder, located in the State of Nevada.
(b) Any action or proceeding, judicial or
administrative, relative to the construction of any dam, power plant or other
structure on any stream located either wholly or partly in Nevada or wholly or
partly in any other state, for the purpose of flood control, irrigation, power,
or for any other purpose, when it is necessary for or incident to establishing
and determining the rights of the State of Nevada or the residents thereof. Any
intervention or appearance of the Attorney General of the kind authorized by
this paragraph which occurred prior to March 8, 1960, is hereby authorized,
ratified, confirmed and approved.
2. The Attorney General shall not obligate
the State in any intervention or appearance for any costs or expenses.
[2:138:1915; A 1955, 66]—(NRS A 1960, 125)
NRS 228.200 Printing of findings of fact, conclusions of law and decree
involving more than 100 litigants, including State Engineer; payment of
expenses.
1. The Attorney General is directed and
empowered to cause the printing of proposed findings of fact and conclusions of
law and judgments and decrees from any district court of the State of Nevada where
there are more than 100 parties litigant in the action so decided, and the
State Engineer of the State of Nevada is one of the parties litigant.
2. The Attorney General shall cause the
proposed findings of fact and conclusions of law and findings of fact,
conclusions of law and judgment and decree to be printed, and shall certify the
expense thereof to the State Board of Examiners, who shall check the same, and
if the Board finds that the printing has been done, it shall approve the same
and cause the claims for the printing to be paid as other claims are paid from
the Treasury of the State of Nevada.
[1:233:1931; 1931 NCL § 7334.01] + [3:233:1931; 1931
NCL § 7334.03]
NRS 228.205 Victim Information Notification Everyday System: Establishment;
appointment of Governance Committee; duties of Governance Committee; no cause
of action by victim established by failure of System.
1. There is hereby created in the Office
of the Attorney General the Victim Information Notification Everyday System,
which consists of a toll-free telephone number and an Internet website through
which victims of crime and members of the public may register to receive
automated information and notification concerning changes in the custody status
of an offender.
2. The Attorney General shall:
(a) Appoint a subcommittee of the Nevada Council
for the Prevention of Domestic Violence created by NRS
228.480 to serve as the Governance Committee for the System; and
(b) Consider nominations by the Council when
appointing members of the Governance Committee.
3. The Governance Committee may adopt
policies, protocols and regulations for the operation and oversight of the
System.
4. The Attorney General may apply for and
accept gifts, grants and donations for use in carrying out the provisions of
this section.
5. To the extent of available funding,
each sheriff and chief of police, the Department of Corrections, the Department
of Public Safety and the State Board of Parole Commissioners shall cooperate
with the Attorney General to establish and maintain the System.
6. The failure of the System to notify a
victim of a crime of a change in the custody status of an offender does not
establish a basis for any cause of action by the victim or any other party
against the State, its political subdivisions, or the agencies, boards,
commissions, departments, officers or employees of the State or its political
subdivisions.
7. As used in this section:
(a) “Custody status” means the transfer of the
custody of an offender or the release or escape from custody of an offender.
(b) “Offender” means a person convicted of a
crime and sentenced to imprisonment in a county jail or in the state prison.
(Added to NRS by 2013, 167)
NRS 228.210 Neglect of duty: Penalty. If
the Attorney General neglects or refuses to perform any of the duties required
of him or her by law, the Attorney General is guilty of a misdemeanor or is
subject to removal from office.
[7:67:1867; B § 2779; BH § 1784; C § 2005; RL § 4134;
NCL § 7313]—(NRS A 1977, 150)
UNIT FOR THE INVESTIGATION AND PROSECUTION OF CRIMES
AGAINST OLDER PERSONS
NRS 228.250 Definitions. As
used in NRS 228.250 to 228.290,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 228.255 and 228.260
have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 745)
NRS 228.255 “Older person” defined. “Older
person” means a person who is 60 years of age or older.
(Added to NRS by 2007, 745)
NRS 228.260 “Unit” defined. “Unit”
means the Unit for the Investigation and Prosecution of Crimes Against Older
Persons created pursuant to NRS 228.265.
(Added to NRS by 2007, 745)
NRS 228.265 Creation. There is
hereby created in the Office of the Attorney General the Unit for the
Investigation and Prosecution of Crimes Against Older Persons.
(Added to NRS by 2007, 745)
NRS 228.270 Powers: Investigation and prosecution of alleged crimes;
organization or sponsorship of multidisciplinary teams.
1. The Unit may investigate and prosecute
any alleged abuse, neglect, exploitation or isolation of an older person in
violation of NRS 200.5099 or 200.50995 and any failure to report such
a violation pursuant to NRS 200.5093:
(a) At the request of the district attorney of
the county in which the violation occurred;
(b) If the district attorney of the county in
which the violation occurred fails, neglects or refuses to prosecute the
violation; or
(c) Jointly with the district attorney of the
county in which the violation occurred.
2. The Unit may organize or sponsor one or
more multidisciplinary teams to review any allegations of abuse, neglect,
exploitation or isolation of an older person or the death of an older person
that is alleged to be from abuse, neglect or isolation. A multidisciplinary
team may include, without limitation, the following members:
(a) A representative of the Unit;
(b) Any law enforcement agency that is involved
with the case under review;
(c) The district attorney’s office in the county
where the case is under review;
(d) The Aging and Disability Services Division of
the Department of Health and Human Services or the county’s office of
protective services, if one exists in the county where the case is under
review;
(e) A representative of the coroner’s office; and
(f) Any other medical professional or financial
professional that the Attorney General deems appropriate for the review.
3. Each organization represented on a
multidisciplinary team may share with other members of the team information in
its possession concerning the older person who is the subject of the review or
any person who was in contact with the older person and any other information
deemed by the organization to be pertinent to the review. Any information
shared by an organization with other members of a team is confidential.
4. The organizing or sponsoring of a
multidisciplinary team pursuant to subsection 2 does not grant the Unit
supervisory authority over, or restrict or impair the statutory authority of,
any state or local agency responsible for the investigation or prosecution of
allegations of abuse, neglect, exploitation or isolation of an older person or
the death of an older person that is alleged to be the result of abuse, neglect
or isolation.
(Added to NRS by 2007, 745; A 2009, 2448)
NRS 228.275 Powers: Action to enjoin or obtain other relief. The Unit may bring an action to enjoin or
obtain any other equitable relief to prevent the abuse, neglect, exploitation
or isolation of an older person. The court may award reasonable attorney’s fees
and costs if the Unit prevails in such an action.
(Added to NRS by 2007, 745)
NRS 228.280 Crimes against older persons: Liability for civil penalties;
deposit of civil penalties.
1. In addition to any criminal penalty, a
person who is convicted of a crime against an older person for which an
additional term of imprisonment may be imposed pursuant to paragraph (h), (i)
or (j) of subsection 1 of NRS 193.167
or of the abuse, neglect, exploitation or isolation of an older person pursuant
to NRS 200.5099 or 200.50995 is liable for a civil penalty
to be recovered by the Attorney General in a civil action brought in the name
of the State of Nevada:
(a) For the first offense, in an amount which is
not less than $5,000 and not more than $20,000.
(b) For a second or subsequent offense, in an
amount which is not less than $10,000 and not more than $30,000.
2. The Attorney General shall deposit any money
collected for civil penalties pursuant to subsection 1 in equal amounts to:
(a) A separate account in the Fund for the
Compensation of Victims of Crime created pursuant to NRS 217.260 to provide compensation to
older persons who are:
(1) Victims of a crime for which an
additional term of imprisonment may be imposed pursuant to paragraph (h), (i)
or (j) of subsection 1 of NRS 193.167;
or
(2) Abused, neglected, exploited or
isolated in violation of NRS 200.5099
and 200.50995.
(b) The Account for the Unit for the
Investigation and Prosecution of Crimes Against Older Persons created pursuant
to NRS 228.285.
(Added to NRS by 2007, 745; A 2011, 1869)
NRS 228.285 Account for the Unit for the Investigation and Prosecution of
Crimes Against Older Persons: Creation; use.
1. The Account for the Unit for the
Investigation and Prosecution of Crimes Against Older Persons is hereby created
in the State General Fund. The Attorney General shall administer the Account.
2. The money in the Account must only be
used to carry out the provisions of NRS 228.250 to 228.290, inclusive, and to pay the expenses incurred
by the Unit in the discharge of its duties, including, without limitation,
expenses relating to the provision of training and salaries and benefits for
employees of the Unit.
3. Money in the Account must remain in the
Account and must not revert to the State General Fund at the end of any fiscal
year.
(Added to NRS by 2007, 745)
NRS 228.290 Gifts, grants, appropriations or donations; deposit of money in
designated Account.
1. The Unit may apply for any available
grants and accept gifts, grants, appropriations or donations to assist the Unit
in carrying out its duties pursuant to the provisions of this chapter.
2. Any money received by the Unit must be
deposited in the Account for the Unit for the Investigation and Prosecution of
Crimes Against Older Persons created pursuant to NRS
228.285.
(Added to NRS by 2007, 746)
BUREAU OF CONSUMER PROTECTION
NRS 228.300 Definitions. As
used in NRS 228.300 to 228.390,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 228.302 to 228.308,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1981, 1674; A 1995, 1083; 1997, 1968; 2009, 2538,
2696)
NRS 228.302 “Bureau of Consumer Protection” defined. “Bureau of Consumer Protection” means the
Bureau of Consumer Protection in the Office of the Attorney General.
(Added to NRS by 1997, 1966)
NRS 228.304 “Consumer’s Advocate” defined. “Consumer’s
Advocate” means the Consumer’s Advocate of the Bureau of Consumer Protection.
(Added to NRS by 1997, 1967)
NRS 228.306 “Cooperative utility” defined. “Cooperative
utility” means a cooperative association or nonprofit corporation or
association which supplies utility services for the use of its own members
only.
(Added to NRS by 1997, 1967)
NRS 228.308 “Public interest” defined. “Public
interest” means the interests or rights of the State of Nevada and of the
residents of this State, or a broad class of those residents, which arise from
the constitutions, court decisions and statutes of this State and of the United
States and from the common law.
(Added to NRS by 1997, 1967)
NRS 228.310 Creation; executive head.
1. The Bureau of Consumer Protection is
hereby created within the Office of the Attorney General.
2. The executive head of the Bureau of
Consumer Protection is the Consumer’s Advocate.
(Added to NRS by 1981, 1674; A 1997, 1968)
NRS 228.320 Appointment of Consumer’s Advocate; term of office;
qualifications; removal from office.
1. The Attorney General shall appoint the
Consumer’s Advocate for a term of 4 years. The Consumer’s Advocate is in the
unclassified service of the State. The person appointed:
(a) Must be knowledgeable in the various areas of
the regulation of public utilities;
(b) Must be independent of and have no pecuniary
interest in any utility or industry regulated by the Public Utilities
Commission of Nevada;
(c) Except as otherwise provided in NRS 284.143, shall devote all of his or
her time to the business of his or her office and shall not pursue any other
business or vocation or hold any other office of profit; and
(d) Must not be a member of any political
convention or a member of any committee of any political party.
2. The Attorney General may remove the
Consumer’s Advocate from office for inefficiency, neglect of duty or
malfeasance in office.
(Added to NRS by 1981, 1674; A 1987, 704; 1997, 616)
NRS 228.330 Employees; equipment; office space; subpoenas; other necessary
functions and arrangements. The
Consumer’s Advocate may:
1. Employ such staff as is necessary to
carry out his or her duties and the functions of his or her office, in
accordance with the personnel practices and procedures established within the
Attorney General’s Office. The Consumer’s Advocate has sole discretion to
employ and remove any member of his or her staff.
2. Purchase necessary equipment.
3. Lease or make other suitable
arrangements for office space, but any lease which extends beyond the term of 1
year must be reviewed and approved by a majority of the members of the State
Board of Examiners.
4. Apply for an order or subpoena for the
appearance of witnesses or the production of books, papers and documents in any
proceeding in which he or she is a party or intervener, in the same manner as
any other party or intervener, and make arrangements for and pay the fees or
costs of any witnesses and consultants necessary to the proceeding. If any
person ordered by the Public Utilities Commission of Nevada to appear before it
as a witness pursuant to this subsection fails to obey the order, the
Commission shall apply for a subpoena commanding the attendance of the witness.
5. Perform such other functions and make
such other arrangements as may be necessary to carry out his or her duties and
the functions of his or her office.
(Added to NRS by 1981, 1674; A 1987, 704; 1997, 1968)
NRS 228.340 Account for the Bureau of Consumer Protection: Deposits; use;
claims.
1. Except as otherwise provided by NRS 598A.260, all money collected by the
Bureau of Consumer Protection pursuant to NRS
704.033 and chapter 711 of NRS and
pursuant to those provisions of NRS relating to private investigators and unfair
trade practices must be deposited with the State Treasurer for credit to the
Account for the Bureau of Consumer Protection.
2. Money in the Account may be used:
(a) To defray the costs of maintaining the Office
of the Consumer’s Advocate and for carrying out the provisions of NRS 228.300 to 228.390,
inclusive; or
(b) For any other purpose authorized by the
Legislature.
3. All claims against the Account must be
paid as other claims against the State are paid.
(Added to NRS by 1981, 1675; A 1989, 1470; 1997, 1969; 2007, 1377; 2010, 26th
Special Session, 5)
NRS 228.350 Account for the Consumer’s Advocate: Gifts and grants. All gifts and grants of money which the
Consumer’s Advocate is authorized to accept must be deposited with the State
Treasurer for credit to the Account for the Consumer’s Advocate.
(Added to NRS by 1981, 1675; A 1989, 1470)
NRS 228.355 Revolving account: Use for payment of expenses relating to
certain undercover investigations; powers and duties of Consumer’s Advocate.
1. There is hereby created a revolving
account for the Bureau of Consumer Protection in the sum of $7,500, which must
be used for the payment of expenses relating to conducting an undercover
investigation of a person who is allegedly engaging in a deceptive trade
practice or violating any provision of NRS
487.6871 to 487.6897, inclusive.
2. The Consumer’s Advocate shall deposit
the money in the revolving account in a bank or credit union qualified to
receive deposits of public money as provided by law, and the deposit must be
secured by a depository bond satisfactory to the State Board of Examiners.
3. The Consumer’s Advocate or his or her
designee may:
(a) Sign all checks drawn upon the revolving
account; and
(b) Make withdrawals of cash from the revolving
account.
4. Payments made from the revolving
account must be promptly reimbursed from the legislative appropriation, if any,
to the Consumer’s Advocate for the expenses relating to conducting an
undercover investigation of a person who is allegedly engaging in a deceptive
trade practice or violating any provision of NRS 487.6871 to 487.6897, inclusive. The claim for
reimbursement must be processed and paid as other claims against the State are
paid.
5. The Consumer’s Advocate shall:
(a) Approve any disbursement from the revolving
account; and
(b) Maintain records of any such disbursement.
(Added to NRS by 2009, 2538,
2696)
NRS 228.360 Powers regarding certain public utilities.
1. The Consumer’s Advocate:
(a) Shall intervene in and represent the public
interest in:
(1) All proceedings conducted pursuant to NRS 704.7561 to 704.7595, inclusive; and
(2) All proceedings conducted pursuant to NRS 704.061 to 704.110, inclusive, in which an electric
utility has filed a general rate application or an annual deferred energy
accounting adjustment application.
(b) May, with respect to all public utilities
except railroads and cooperative utilities, and except as otherwise provided in
NRS 228.380:
(1) Conduct or contract for studies,
surveys, research or expert testimony relating to matters affecting the public
interest or the interests of utility customers.
(2) Examine any books, accounts, minutes,
records or other papers or property of any public utility subject to the
regulatory authority of the Public Utilities Commission of Nevada in the same
manner and to the same extent as authorized by law for members of the Public
Utilities Commission of Nevada and its staff.
(3) Except as otherwise provided in
paragraph (a), petition for, request, initiate, appear or intervene in any
proceeding concerning rates, charges, tariffs, modifications of service or any
related matter before the Public Utilities Commission of Nevada or any court,
regulatory body, board, commission or agency having jurisdiction over any
matter which the Consumer’s Advocate may bring before or has brought before the
Public Utilities Commission of Nevada or in which the public interest or the
interests of any particular class of utility customers are involved. The
Consumer’s Advocate may represent the public interest or the interests of any
particular class of utility customers in any such proceeding, and the
Consumer’s Advocate is a real party in interest in the proceeding.
2. As used in this section, “electric
utility” has the meaning ascribed to it in NRS
704.187.
(Added to NRS by 1981, 1675; A 1987, 705; 1997, 1969; 2001, 353, 3254; 2007, 2987; 2013, 741)
NRS 228.370 Duty of certain public utilities to provide documents. All public utilities, except railroads and
cooperative utilities, and except as provided in NRS
228.380, shall provide the Consumer’s Advocate with copies of any proposed
changes in rates or service, correspondence, legal papers and other documents
which are served on or delivered or mailed to the Public Utilities Commission
of Nevada.
(Added to NRS by 1981, 1676; A 1987, 705; 1997, 1969)
NRS 228.380 Authority to exercise power of Attorney General in areas of
consumer protection; exceptions; expenditures; limitations on powers relating
to discretionary or competitive telecommunication services.
1. Except as otherwise provided in this
section, the Consumer’s Advocate may exercise the power of the Attorney General
in areas of consumer protection, including, but not limited to, enforcement of chapters 90, 597,
598, 598A,
598B, 598C,
599B and 711
of NRS.
2. The Consumer’s Advocate may not
exercise any powers to enforce any criminal statute set forth in:
(a) Chapter 90,
597, 598, 598A, 598B,
598C or 599B
of NRS for any transaction or activity that involves a proceeding before the
Public Utilities Commission of Nevada if the Consumer’s Advocate is
participating in that proceeding as a real party in interest on behalf of the
customers or a class of customers of utilities; or
(b) Chapter 711
of NRS.
3. The Consumer’s Advocate may expend
revenues derived from NRS 704.033 only
for activities directly related to the protection of customers of public
utilities.
4. The powers of the Consumer’s Advocate
do not extend to proceedings before the Public Utilities Commission of Nevada
directly relating to discretionary or competitive telecommunication services.
(Added to NRS by 1981, 1676; A 1991, 66; 1997, 1970; 2007, 1377)
NRS 228.390 Representation of customers’ interests.
1. Except as otherwise provided in NRS 704.110 and 704.7561 to 704.7595, inclusive:
(a) The Consumer’s Advocate has sole discretion
to represent or refrain from representing the public interest and any class of
customers in any proceeding.
(b) In exercising such discretion, the Consumer’s
Advocate shall consider the importance and extent of the public interest or the
customers’ interests involved and whether those interests would be adequately
represented without his or her participation.
(c) If the Consumer’s Advocate determines that
there would be a conflict between the public interest and any particular class
of customers or any inconsistent interests among the classes of customers
involved in a particular matter, the Consumer’s Advocate may choose to represent
one of the interests, to represent no interest, or to represent one interest
through his or her office and another or others through outside counsel engaged
on a case basis.
(d) If the Consumer’s Advocate declines to
represent the public interest in a proceeding to review a proposed rate of an
electric utility, the Consumer’s Advocate shall publish a report in support of
the decision to decline such representation and make the report available to
the public at the Bureau of Consumer Protection and on the Internet website
maintained by the Bureau of Consumer Protection. The report must:
(1) Identify each element of the public
interest, as may be applicable to the proceeding to review a proposed rate; and
(2) Specify the manner in which each
element of the public interest, as identified pursuant to subparagraph (1), is
sufficiently represented.
2. As used in this section, “electric
utility” has the meaning ascribed to it in NRS
704.187.
(Added to NRS by 1981, 1676; A 1997, 1970; 2001, 354, 3255; 2013, 3345)
MEDICAID FRAUD
NRS 228.410 Jurisdiction of Attorney General in cases involving Medicaid
fraud; establishment of Medicaid Fraud Control Unit; duties and powers;
recovery of reasonable costs and expenses.
1. The Attorney General has primary
jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the
administration of the Plan or in the provision of medical assistance pursuant
to the Plan. The provisions of this section notwithstanding, the Department of
Health and Human Services and the Division of Health Care Financing and Policy
of the Department of Health and Human Services shall enforce the Plan and any
regulations adopted pursuant thereto.
2. For this purpose, the Attorney General
shall establish within his or her office the Medicaid Fraud Control Unit. The
Unit must consist of a group of qualified persons, including, without
limitation, an attorney, an auditor and an investigator who, to the extent
practicable, have expertise in nursing, medicine and the administration of
medical facilities.
3. The Attorney General, acting through
the Medicaid Fraud Control Unit:
(a) Is the single state agency responsible for
the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;
(b) May conduct any investigation or prosecution
authorized pursuant to 42 U.S.C. § 1396b(q);
(c) Shall review reports of abuse or criminal
neglect of patients in medical facilities which receive payments under the Plan
and, when appropriate, investigate and prosecute the persons responsible;
(d) May review and investigate reports of
misappropriation of money from the personal resources of patients in medical
facilities that receive payments under the Plan and, when appropriate, shall
prosecute the persons responsible;
(e) Shall cooperate with federal investigators
and prosecutors in coordinating state and federal investigations and
prosecutions involving fraud in the provision or administration of medical
assistance pursuant to the Plan, and provide those federal officers with any
information in his or her possession regarding such an investigation or
prosecution; and
(f) Shall protect the privacy of patients and
establish procedures to prevent the misuse of information obtained in carrying
out the provisions of this section and NRS 228.411.
4. When acting pursuant to this section or
NRS 228.175, the Attorney General may commence an investigation
and file a criminal action without leave of court, and has exclusive charge of
the conduct of the prosecution.
5. The Attorney General may, by
appropriate legal action, recover any reasonable costs or expenses incurred in
conducting an investigation or prosecution pursuant to this section or NRS 228.411. The Attorney General may retain the costs
and expenses recovered pursuant to this subsection up to an amount not
exceeding, in the aggregate, three times the amount of any money paid by this
State which matches federal grant money for the Medicaid Fraud Control Unit.
Costs and expenses recovered by the Attorney General in excess of the amount
retained by the Attorney General must be deposited in the State General Fund
for credit to the appropriate account for the Plan.
6. As used in this section:
(a) “Medical facility” has the meaning ascribed
to it in NRS 449.0151.
(b) “Plan” means the State Plan for Medicaid
established pursuant to NRS 422.271.
(Added to NRS by 1991, 1053; A 1993, 2067, 2498; 1995, 702; 1997, 1253, 2604; 1999, 2235, 2242; 2003, 665; 2011, 533)
NRS 228.411 Authority of Attorney General to subpoena and use certain
documents, records and materials; penalty for noncompliance with subpoena;
required contents of subpoena.
1. In carrying out the duties and
responsibilities under NRS 228.410, the Attorney
General, acting through the chief executive of the Medicaid Fraud Control Unit
or his or her designee, may issue a subpoena for documents, records or
materials.
2. The Attorney General may use any
documents, records or materials produced pursuant to a subpoena issued under
this section in the course of a civil action brought pursuant to NRS 228.410.
3. Any person who willfully fails or
refuses to comply with a subpoena issued pursuant to this section is guilty of
a misdemeanor.
4. A subpoena issued pursuant to this
section must include a copy of the provisions of subsections 1, 2 and 3.
(Added to NRS by 2011, 533)
INSURANCE FRAUD
NRS 228.412 Jurisdiction of Attorney General in cases involving insurance
fraud; establishment of Fraud Control Unit for Insurance; duties and powers.
1. The Attorney General has primary
jurisdiction to conduct criminal investigations into and may bring a criminal
prosecution for any act alleged to be insurance fraud.
2. The Attorney General shall establish
within his or her office a Fraud Control Unit for Insurance. The Fraud Control
Unit must consist of such persons as are necessary to carry out the duties set
forth in this section, NRS 679B.600
to 679B.700, inclusive, and NRS 686A.281 to 686A.292, inclusive, including, without
limitation, attorneys and investigators.
3. The Attorney General, acting through
the Fraud Control Unit:
(a) Is the single state agency responsible for
the criminal prosecution of insurance fraud;
(b) Shall cooperate with the Commissioner of
Insurance, insurers, and investigators and prosecutors of other states and the
Federal Government in coordinating state and federal criminal investigations
and criminal prosecutions involving insurance fraud;
(c) Shall protect the privacy of insurers and
insured persons who are eligible to receive benefits pursuant to the provisions
of title 57 of NRS and shall establish procedures to prevent the misuse of
information obtained in carrying out this section; and
(d) May, upon written request, inspect the
records of any insurer, the Commissioner of Insurance and the Division of
Insurance of the Department of Business and Industry to conduct a criminal
investigation into any act alleged to be insurance fraud.
4. To investigate any act alleged to be
insurance fraud, the Attorney General and members of the Fraud Control Unit may
conduct investigations into any activity related thereto occurring outside of
this State, if necessary. To conduct these investigations, the Attorney General
and members of the Fraud Control Unit may:
(a) Travel outside of this State;
(b) Cooperate with appropriate agencies or
persons outside of this State; and
(c) Designate those agencies or persons to
conduct investigations for the Attorney General.
5. When acting pursuant to this section,
the Attorney General may commence an investigation and file a criminal action
without leave of court, and has exclusive charge of the conduct of the
prosecution. The Attorney General may conduct preliminary hearings or grand
juries for the purposes of filing an information or indictment.
6. The Attorney General shall report the
name of each person who has been convicted of insurance fraud to the
Commissioner of Insurance.
7. The provisions of this section must not
be construed to limit or diminish the jurisdiction of the Commissioner of
Insurance to regulate persons transacting insurance in this State.
8. As used in this section, “insurance
fraud” has the meaning ascribed to it in NRS
686A.2815.
(Added to NRS by 2001, 1100)
INDUSTRIAL INSURANCE FRAUD
NRS 228.420 Jurisdiction of Attorney General in cases involving industrial
insurance fraud; establishment of Fraud Control Unit for Industrial Insurance;
duties and powers.
1. The Attorney General has primary
jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in
the administration of chapter 616A, 616B, 616C,
616D or 617
of NRS or in the provision of compensation required by chapters 616A to 617,
inclusive, of NRS.
2. For this purpose, the Attorney General
shall establish within his or her office a Fraud Control Unit for Industrial
Insurance. The Unit must consist of such persons as are necessary to carry out
the duties set forth in this section, including, without limitation, an
attorney, an auditor and an investigator.
3. The Attorney General, acting through
the Unit established pursuant to subsection 2:
(a) Is the single state agency responsible for
the investigation and prosecution of any alleged criminal violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in
the administration of chapter 616A, 616B, 616C,
616D or 617
of NRS or in the provision of compensation required by chapters 616A to 617,
inclusive, of NRS;
(b) Shall cooperate with the Division of
Industrial Relations of the Department of Business and Industry, self-insured
employers, associations of self-insured public or private employers, private
carriers and other state and federal investigators and prosecutors in
coordinating state and federal investigations and prosecutions involving
violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in
the administration of chapter 616A, 616B, 616C,
616D or 617
of NRS or in the provision of compensation required by chapters 616A to 617,
inclusive, of NRS;
(c) Shall protect the privacy of persons who are
eligible to receive compensation pursuant to the provisions of chapter 616A, 616B,
616C, 616D
or 617 of NRS and establish procedures to
prevent the misuse of information obtained in carrying out this section; and
(d) May, upon request, inspect the records of any
self-insured employer, association of self-insured public or private employers,
or private carrier, the Division of Industrial Relations of the Department of
Business and Industry and the State Contractors’ Board to investigate any
alleged violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or any fraud in the
administration of chapter 616A, 616B, 616C,
616D or 617
of NRS or in the provision of compensation required by chapters 616A to 617,
inclusive, of NRS.
4. When acting pursuant to this section or
NRS 228.175 or 228.410,
the Attorney General may commence an investigation and file a criminal action
without leave of court, and has exclusive charge of the conduct of the
prosecution.
5. The Attorney General shall report the
name of any person who has been convicted of violating any of the provisions of
NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, to the occupational
board that issued the person’s license or certificate to provide medical care,
remedial care or other services in this State.
6. The Attorney General shall establish a
toll-free telephone number for persons to report information regarding alleged
violations of any of the provisions of NRS
616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in
the administration of chapter 616A, 616B, 616C,
616D or 617
of NRS or in the provision of compensation required by chapters 616A to 617,
inclusive, of NRS.
7. As used in this section:
(a) “Association of self-insured private
employers” has the meaning ascribed to it in NRS 616A.050.
(b) “Association of self-insured public
employers” has the meaning ascribed to it in NRS 616A.055.
(c) “Private carrier” has the meaning ascribed to
it in NRS 616A.290.
(d) “Self-insured employer” has the meaning
ascribed to it in NRS 616A.305.
(Added to NRS by 1993, 773; A 1993, 799; 1995, 649, 1878, 2038; 1997, 579; 1999, 1808; 2011, 844)
DOMESTIC VIOLENCE
General Provisions
NRS 228.423 Definitions. As
used in NRS 228.423 to 228.490,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 228.427 and 228.430
have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 940)
NRS 228.427 “Council” defined. “Council”
means the Nevada Council for the Prevention of Domestic Violence created
pursuant to NRS 228.480.
(Added to NRS by 2005, 940)
NRS 228.430 “Domestic violence” defined. “Domestic
violence” has the meaning ascribed to it in NRS
33.018.
(Added to NRS by 1997, 1818; A 2005, 941)
Ombudsman for Victims of Domestic Violence
NRS 228.440 Creation of Office; appointment; qualifications; removal.
1. The Office of Ombudsman for Victims of
Domestic Violence is hereby created within the Office of the Attorney General.
2. The Attorney General shall appoint a
person to serve in the position of Ombudsman for a term of 4 years. The person
so appointed:
(a) Must be knowledgeable about the legal and
societal aspects of domestic violence;
(b) Is in the unclassified service of the State;
and
(c) Is not required to be an attorney.
3. The Attorney General may remove the
Ombudsman from office for inefficiency, neglect of duty or malfeasance in
office.
(Added to NRS by 1997, 1819)
NRS 228.450 Duties; confidentiality of certain information collected in
discharge of duties; use of grants to compensate.
1. The Ombudsman for Victims of Domestic
Violence shall:
(a) Prepare quarterly reports relating to victims
of domestic violence from information collected from the Central Repository for
Nevada Records of Criminal History, if any such information is available.
(b) Provide necessary assistance to victims of
domestic violence.
(c) Provide education to the public concerning
domestic violence, including, without limitation, the prevention of domestic
violence, available assistance to victims of domestic violence and available
treatment for persons who commit domestic violence.
(d) Perform such other tasks as are necessary to
carry out the duties and functions of his or her office.
2. Except as otherwise provided in this
subsection, information collected pursuant to paragraph (a) of subsection 1 is
confidential and must not be disclosed to any person under any circumstances,
including, without limitation, pursuant to a subpoena, search warrant or
discovery proceeding. Such information may be used for statistical purposes if
the identity of the person is not discernible from the information disclosed.
3. Any grant received by the Office of the
Attorney General for assistance to victims of domestic violence may be used to
compensate the Ombudsman for Victims of Domestic Violence.
(Added to NRS by 1997, 1819)
Account for Programs Related to Domestic Violence
NRS 228.460 Creation; administration; expenditures; claims.
1. The Account for Programs Related to
Domestic Violence is hereby created in the State General Fund. Any
administrative assessment imposed and collected pursuant to NRS 200.485 must be deposited with the
State Controller for credit to the Account.
2. The Ombudsman for Victims of Domestic
Violence:
(a) Shall administer the Account for Programs
Related to Domestic Violence; and
(b) May expend money in the Account only to pay
for expenses related to:
(1) The Committee on Domestic Violence
created pursuant to NRS 228.470;
(2) The Council;
(3) Training law enforcement officers,
attorneys and members of the judicial system about domestic violence;
(4) Assisting victims of domestic violence
and educating the public concerning domestic violence; and
(5) Carrying out the duties and functions
of his or her office.
3. All claims against the Account for
Programs Related to Domestic Violence must be paid as other claims against the
State are paid.
(Added to NRS by 1997, 1819; A 2001, 2903; 2005, 941)
Committee on Domestic Violence
NRS 228.470 Appointment of members; duties; Chair; meetings; quorum; voting;
staff; compensation of members.
1. The Attorney General shall appoint a
Committee on Domestic Violence comprised of:
(a) One staff member of a program for victims of
domestic violence;
(b) One staff member of a program for the
treatment of persons who commit domestic violence;
(c) One representative from an office of the
district attorney with experience in prosecuting criminal offenses;
(d) One representative from an office of the city
attorney with experience in prosecuting criminal offenses;
(e) One law enforcement officer;
(f) One provider of mental health care;
(g) Two victims of domestic violence; and
(h) One justice of the peace or municipal judge.
Ê At least two
members of the Committee must be residents of a county whose population is less
than 100,000.
2. The Committee shall:
(a) Adopt regulations for the evaluation,
certification and monitoring of programs for the treatment of persons who
commit domestic violence;
(b) Review, monitor and certify programs for the
treatment of persons who commit domestic violence;
(c) Review and evaluate existing programs
provided to peace officers for training related to domestic violence and make
recommendations to the Peace Officers’ Standards and Training Commission
regarding such training;
(d) To the extent that money is available,
arrange for the provision of legal services, including, without limitation,
assisting a person in an action for divorce; and
(e) Submit on or before March 1 of each
odd-numbered year a report to the Director of the Legislative Counsel Bureau
for distribution to the regular session of the Legislature. The report must
include, without limitation, a summary of the work of the Committee and
recommendations for any necessary legislation concerning domestic violence.
3. The regulations governing certification
of programs for the treatment of persons who commit domestic violence adopted
pursuant to paragraph (a) of subsection 2 must include, without limitation,
provisions allowing a program that is located in another state to become
certified in this State to provide treatment to persons who:
(a) Reside in this State; and
(b) Are ordered by a court in this State to
participate in a program for the treatment of persons who commit domestic
violence.
4. The Committee shall, at its first
meeting and annually thereafter, elect a Chair from among its members.
5. The Committee shall meet regularly at
least semiannually and may meet at other times upon the call of the Chair. Any
five members of the Committee constitute a quorum for the purpose of voting. A
majority vote of the quorum is required to take action with respect to any
matter.
6. The Attorney General shall provide the
Committee with such staff as is necessary to carry out the duties of the
Committee.
7. While engaged in the business of the
Committee, each member and employee of the Committee is entitled to receive the
per diem allowance and travel expenses provided for state officers and
employees generally.
(Added to NRS by 1997, 1819; A 1999, 2428; 2005, 32; 2007, 76)
Nevada Council for the Prevention of Domestic Violence
NRS 228.480 Creation; appointment of members; compensation of members.
1. The Nevada Council for the Prevention
of Domestic Violence is hereby created within the Office of the Attorney
General.
2. The Council must consist of not more
than 30 members appointed by the Attorney General from the various geographical
regions of the State.
3. The term of office of a member of the
Council is 3 years.
4. A vacancy on the Council must be filled
in the same manner as the original appointment for the remainder of the
unexpired term.
5. Each member of the Council:
(a) Serves without compensation; and
(b) While engaged in the business of the Council,
is entitled to receive the per diem allowance and travel expenses provided for
state officers and employees generally.
(Added to NRS by 2005, 940)
NRS 228.485 Chair; meetings; adoption of rules.
1. The Attorney General or a designee of
the Attorney General is the Chair of the Council.
2. The Council shall annually elect a Vice
Chair, Secretary and Treasurer from among its members.
3. The Council shall meet at least three
times in each calendar year and may meet at other times upon the call of the
Chair. At least one meeting in each calendar year must be held at a location
within the Fourth Judicial District, Fifth Judicial District, Sixth Judicial
District or Seventh Judicial District.
4. The Council shall adopt rules for its
own management and government.
(Added to NRS by 2005, 940)
NRS 228.490 Duties.
1. For the purpose of preventing and
eliminating domestic violence in this State, the Council shall:
(a) Increase awareness of the existence and
unacceptability of domestic violence in this State;
(b) Make recommendations for any necessary
legislation relating to domestic violence to the Office of the Attorney
General; and
(c) Provide financial support to programs for the
prevention of domestic violence in this State.
2. The Council shall:
(a) Study and review all appropriate issues
related to the administration of the criminal justice system in rural Nevada
with respect to offenses involving domestic violence, including, without
limitation, the availability of counseling services; and
(b) With the assistance of the Court
Administrator, based upon the study and review conducted pursuant to paragraph
(a), prepare and submit a report of its findings and recommendations to the
Director of the Legislative Counsel Bureau, on or before February 1 of each
odd-numbered year, for transmittal to the next regular session of the
Legislature. In preparing the report, the Council shall solicit comments and
recommendations from district judges, municipal judges and justices of the
peace in rural Nevada and include in its report, as a separate section, all
comments and recommendations that are received by the Council.
3. The Council may apply for and accept
gifts, grants, donations and contributions from any source for the purpose of
carrying out its duties pursuant to this section. Any money that the Council
receives pursuant to this subsection must be deposited in and accounted for
separately in the Account for Programs Related to Domestic Violence created
pursuant to NRS 228.460 for use by the Council in
carrying out its duties.
(Added to NRS by 2005, 940)
Multidisciplinary Teams to Review the Death of the Victim
of Certain Crimes that Constitute Domestic Violence
NRS 228.495 Organizing or sponsorship; powers and duties; membership;
participation by organizations concerned with domestic violence; authority and
duties of Attorney General; immunity and liability of members; inadmissibility
of review; report.
1. The Attorney General may organize or
sponsor one or more multidisciplinary teams to review the death of the victim
of a crime that constitutes domestic violence pursuant to NRS 33.018 if a court or an agency of a
local government does not organize or sponsor a multidisciplinary team pursuant
to NRS 217.475 or if the court or agency
requests the assistance of the Attorney General. In addition to the review of a
particular case, a multidisciplinary team organized or sponsored by the
Attorney General pursuant to this section shall:
(a) Examine the trends and patterns of deaths of
victims of crimes that constitute domestic violence in this State;
(b) Determine the number and type of incidents
the team wishes to review;
(c) Make policy and other recommendations for the
prevention of deaths from crimes that constitute domestic violence;
(d) Engage in activities to educate the public,
providers of services to victims of domestic violence and policymakers
concerning deaths from crimes that constitute domestic violence and strategies
for intervention and prevention of such crimes; and
(e) Recommend policies, practices and services to
encourage collaboration and reduce the number of deaths from crimes that
constitute domestic violence.
2. A multidisciplinary team organized or
sponsored pursuant to this section may include, without limitation, the
following members:
(a) A representative of the Attorney General;
(b) A representative of any law enforcement
agency that is involved with a case under review;
(c) A representative of the district attorney’s
office in the county where a case is under review;
(d) A representative of the coroner’s office in
the county where a case is under review;
(e) A representative of any agency which provides
social services that is involved in a case under review;
(f) A person appointed pursuant to subsection 3;
and
(g) Any other person that the Attorney General
determines is appropriate.
3. An organization that is concerned with
domestic violence may apply to the Attorney General or his or her designee for
authorization to appoint a member to a multidisciplinary team organized or
sponsored pursuant to this section. Such an application must be made in the
form and manner prescribed by the Attorney General and is subject to the
approval of the Attorney General or his or her designee.
4. Each organization represented on a
multidisciplinary team organized or sponsored pursuant to this section may
share with other members of the team information in its possession concerning a
victim who is the subject of a review or any person who was in contact with the
victim and any other information deemed by the organization to be pertinent to
the review. Any information shared by an organization with other members of a
team is confidential.
5. The organizing or sponsoring of a
multidisciplinary team pursuant to this section does not grant the Attorney
General supervisory authority over, or restrict or impair the statutory
authority of, any state or local governmental agency responsible for the
investigation or prosecution of the death of a victim of a crime that constitutes
domestic violence pursuant to NRS 33.018.
6. Before organizing or sponsoring a
multidisciplinary team pursuant to this section, the Attorney General shall
adopt a written protocol describing the objectives and structure of the team.
7. A multidisciplinary team organized or
sponsored pursuant to this section may request any person, agency or
organization that is in possession of information or records concerning a
victim who is the subject of a review or any person who was in contact with the
victim to provide the team with any information or records that are relevant to
the review. Any information or records provided to a team pursuant to this
subsection are confidential.
8. A multidisciplinary team organized or
sponsored pursuant to this section may, if appropriate, meet with any person,
agency or organization that the team believes may have information relevant to
a review conducted by the team, including, without limitation, a multidisciplinary
team:
(a) To review the death of the victim of a crime
that constitutes domestic violence organized or sponsored pursuant to NRS 217.475;
(b) To review any allegations of abuse, neglect,
exploitation or isolation of an older person or the death of an older person
that is alleged to be from abuse, neglect or isolation organized pursuant to NRS 228.270;
(c) To review the death of a child organized
pursuant to NRS 432B.405; or
(d) To oversee the review of the death of a child
organized pursuant to NRS 432B.4075.
9. Except as otherwise provided in
subsection 10, each member of a multidisciplinary team organized or sponsored
pursuant to this section is immune from civil or criminal liability for an
activity related to the review of the death of a victim.
10. Each member of a multidisciplinary
team organized or sponsored pursuant to this section who discloses any
confidential information concerning the death of a child is personally liable
for a civil penalty of not more than $500.
11. The Attorney General:
(a) May bring an action to recover a civil
penalty imposed pursuant to subsection 10 against a member of a
multidisciplinary team organized or sponsored pursuant to this section; and
(b) Shall deposit any money received from the
civil penalty with the State Treasurer for credit to the State General Fund.
12. The results of a review of the death
of a victim conducted pursuant to this section are not admissible in any civil
action or proceeding.
13. A multidisciplinary team organized or
sponsored pursuant to this section shall submit a report of its activities to
the Attorney General. The report must include, without limitation, the findings
and recommendations of the team. The report must not include information that identifies
any person involved in a particular case under review. The Attorney General
shall make the report available to the public.
(Added to NRS by 2011, 734)
NRS 228.497 Access to information and records. In
carrying out its duties pursuant to NRS 228.495, a
multidisciplinary team to review the death of the victim of a crime that
constitutes domestic violence pursuant to NRS
33.018 may have access to:
1. The information that is contained in
the Central Repository for Nevada Records of Criminal History pursuant to NRS 179A.075.
2. The records of criminal history
maintained by an agency of criminal justice pursuant to NRS 179A.100.
(Added to NRS by 2013, 184)
TELECOMMUNICATION SOLICITATION
NRS 228.500 Definitions. As
used in NRS 228.500 to 228.640,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 228.510, 228.520
and 228.530 have the meanings ascribed to them in
those sections.
(Added to NRS by 2003, 2877)
NRS 228.510 “Registry” defined. “Registry”
means the registry established pursuant to NRS 228.550
unless, pursuant to NRS 228.540, the part of the
single national database that relates to this State is deemed to be the
registry.
(Added to NRS by 2003, 2877)
NRS 228.520 “Telephone solicitor” defined.
1. “Telephone solicitor” means a person
who makes or causes another person or a machine to make an unsolicited
telephone call for the sale of goods or services.
2. As used in this section:
(a) “Device for automatic dialing and announcing”
has the meaning ascribed to it in NRS
597.812.
(b) “Machine” includes, without limitation, a
device for automatic dialing and announcing.
(Added to NRS by 2003, 2877)
NRS 228.530 “Unsolicited telephone call for the sale of goods or services”
defined.
1. “Unsolicited telephone call for the
sale of goods or services” means an unsolicited telephone call, other than a
telephone call on behalf of a charitable organization, religious organization
or political organization, to:
(a) Rent, lease, sell, exchange, promote or gift
any good or service;
(b) Solicit any act described in paragraph (a);
(c) Seek or obtain a donation or contribution of
money or anything else of value; or
(d) Seek or obtain information, including,
without limitation, any document, intended to be used to facilitate any act
described in paragraph (a), (b) or (c).
2. As used in this section:
(a) “Charitable organization” means a person that
the Secretary of the Treasury has determined to be tax exempt pursuant to the
provisions of section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C.
§ 501(c)(3).
(b) “Committee for political action” means a
committee for political action, as defined in NRS 294A.0055, which has registered
pursuant to NRS 294A.230.
(c) “Good or service” means:
(1) Any property or product, whether
tangible or intangible;
(2) Any service, including, without
limitation, financial service;
(3) A loan or any other extension of
credit;
(4) Insurance;
(5) Any investment or opportunity for
investment;
(6) A gift, prize, bonus or any other
inducement to act; or
(7) Anything of value.
(d) “Political organization” means a committee
for political action, political party or candidate for public office.
(e) “Religious organization” means an
organization for which the primary purpose is the operation of a church,
synagogue or other place of religious worship at which nonprofit religious
services and activities are regularly conducted.
(f) “Telephone call on behalf of a charitable
organization, religious organization or political organization” means a
telephone call on behalf of the organization if the call is made by:
(1) An employee of the organization who is
paid directly by the organization; or
(2) A volunteer.
3. For the purposes of this section, a
telephone call is deemed to have been solicited if it is made to a person who:
(a) Expressly requested or expressly gave
permission for the telephone call to be made;
(b) Had an established business relationship with
the caller, if the telephone call is made solely to verify the termination of
the business relationship; or
(c) Has a delinquent obligation for which payment
or performance is due but has not been made, if the telephone call is made to:
(1) Collect the payment or obtain the
performance; or
(2) Extend credit to allow the person to
make the payment.
(Added to NRS by 2003, 2877)
NRS 228.540 National database of telephone numbers of persons requesting not
to receive unsolicited telephone calls for sale of goods or services: Attorney
General findings; effect on registry.
1. If a federal agency establishes a
single national database of telephone numbers of persons who request not to
receive unsolicited telephone calls for the sale of goods or services, the
Attorney General shall, to the extent consistent with federal law, examine that
database and the federal law relating to that database for the purposes of NRS 228.500 to 228.640,
inclusive. Based upon this examination and his or her analysis of the
applicable needs of this State, the Attorney General may issue a finding that:
(a) The part of the single national database that
relates to this State is adequate to serve as the registry for the purposes of NRS 228.500 to 228.640,
inclusive; and
(b) It is in the best interests of this State for
the Attorney General to use the part of the single national database that
relates to this State as the registry for the purposes of NRS 228.500 to NRS 228.640,
inclusive.
2. Except as otherwise provided in
subsection 3, if the Attorney General issues the finding described in
subsection 1:
(a) The part of the single national database that
relates to this State shall be deemed to be the registry for the purposes of NRS 228.500 to 228.640,
inclusive;
(b) The Attorney General shall forward the
applicable information in the registry established pursuant to NRS 228.550, if any, to the federal agency or other
appropriate person who maintains the single national database;
(c) The provisions of NRS
228.550 and 228.580 do not apply;
(d) The provisions of paragraphs (b), (c) and (d)
of subsection 1 of NRS 228.560 do not apply; and
(e) The provisions of subsection 3 of NRS 228.590 do not apply.
3. Not less than biennially, the Attorney
General shall reexamine the single national database and the federal law
relating to that database for the purposes of NRS
228.500 to 228.640, inclusive. Based upon this
reexamination and his or her analysis of the applicable needs of this State,
the Attorney General may rescind the finding issued pursuant to subsection 1.
If the Attorney General rescinds the finding:
(a) Except as otherwise provided in paragraph
(d), 1 month after the Attorney General rescinds the finding, the provisions of
NRS 228.550 apply;
(b) Five months after the Attorney General
rescinds the finding, the provisions of NRS 228.580
apply;
(c) Six months after the Attorney General
rescinds the finding:
(1) The provisions of paragraphs (b), (c)
and (d) of subsection 1 of NRS 228.560 apply;
(2) The provisions of subsection 3 of NRS 228.590 apply; and
(3) The part of the single national
database that relates to this State shall cease to be deemed to be the registry
for the purposes of NRS 228.500 to 228.640, inclusive; and
(d) Three years after the Attorney General
rescinds the finding, the provisions of paragraph (d) of subsection 1 of NRS 228.550 apply.
4. At any time after rescinding a finding
pursuant to subsection 3, the Attorney General may again issue a finding
described in subsection 1, and may rescind that finding pursuant to subsection
3.
(Added to NRS by 2003, 2878)
NRS 228.550 Registry of names and telephone numbers of persons requesting
not to receive unsolicited telephone calls for sale of goods or services;
maintenance.
1. The Attorney General shall:
(a) Establish and maintain, or cause to be
established and maintained, a registry that includes the name and telephone
number of each person in this State who has requested that his or her telephone
number be included in the list published pursuant to this section;
(b) Provide for a toll-free telephone number that
may be used to request inclusion or maintenance of a telephone number in the
registry;
(c) Publish a list of the telephone numbers in
the registry at least once every 6 months and ensure that no other personally
identifying information contained in the registry is included in the published
lists;
(d) On January 1, 2007, and every 3 years
thereafter, delete from the registry every telephone number and related
information, except for each telephone number and related information for which
the Attorney General has received a request within the preceding 6 months to
include or maintain the telephone number in the registry;
(e) During the 6-month period identified in
paragraph (d), use reasonable means, including, without limitation, public
service announcements, to inform the public that telephone numbers and related
information in the registry will be deleted or otherwise purged unless new or
renewed requests for inclusion in the registry are received by the Attorney
General; and
(f) If a federal agency establishes a single
national database of telephone numbers of persons who request not to receive
unsolicited telephone calls for the sale of goods or services:
(1) Include the part of the single
national database that relates to this State in the registry;
(2) At least once every 6 months, add to
the registry any new and applicable information that has been added to the part
of the single national database that relates to this State; and
(3) At least once every 6 months, remove
from the registry any applicable information that has been removed from the
part of the single national database that relates to this State.
2. The Attorney General may:
(a) Contract for the establishment and
maintenance of the registry;
(b) Provide for additional procedures for
requesting inclusion or maintenance of a telephone number in the registry; and
(c) Require by regulation that information in
addition to names and telephone numbers be included in the registry, including,
without limitation, the mailing address of each person who has requested
inclusion in the registry.
3. A person may request that his or her
telephone number be included or maintained in the registry using:
(a) A toll-free telephone number provided by the
Attorney General for that purpose; or
(b) Any other method provided by the Attorney
General.
4. A person may request to have his or her
telephone number removed from the registry. Such a request must be submitted to
the Attorney General in writing.
(Added to NRS by 2003, 2879)
NRS 228.560 Public service announcement concerning registry.
1. The Attorney General shall make
information available to the public concerning the establishment and
maintenance of the registry, including, without limitation:
(a) The procedures for requesting the inclusion
or maintenance of a telephone number in the registry;
(b) A statement indicating that a revised version
of the list of telephone numbers in the registry will be published at least
once every 6 months;
(c) A statement indicating that no information
contained in the registry, other than the telephone numbers, will be included
on the list published pursuant to this section or otherwise disclosed to the
public; and
(d) A statement indicating that all telephone
numbers and related information in the registry will be deleted or otherwise
purged from the registry every 3 years, except for any telephone number and
related information for which the Attorney General has received a new or
renewed request for inclusion in the registry within the 6 months before the
potential deletion.
2. A person who publishes telephone
directories for distribution to the public in this State shall ensure that each
such telephone directory includes the information made available to the public
by the Attorney General pursuant to subsection 1.
(Added to NRS by 2003, 2880)
NRS 228.570 Publication of information in registry. To
the extent consistent with federal law:
1. The registry is not a public record.
Any list published of the telephone numbers contained within the registry is
not a public record.
2. The telephone numbers in the registry
must not be published or released except pursuant to the provisions of NRS 228.500 to 228.640,
inclusive.
3. The information in the registry other
than the telephone numbers:
(a) Must not be published or released; and
(b) May only be used by the Attorney General to
administer the provisions of NRS 228.500 to 228.640, inclusive.
(Added to NRS by 2003, 2881)
NRS 228.580 Availability of telephone numbers in registry to telephone
solicitors. Each list of telephone
numbers published pursuant to NRS 228.550 must be
made available to a telephone solicitor upon the payment of the fee established
by regulation for this purpose by the Attorney General. The fee must not exceed
$1,000 annually for each telephone solicitor, regardless of the number of
revised editions of the list that are published during the calendar year.
(Added to NRS by 2003, 2881)
NRS 228.590 Calls prohibited to telephone numbers in registry; limited use
of information in registry.
1. Except as otherwise provided in NRS 228.600, a telephone solicitor shall not
intentionally make an unsolicited telephone call for the sale of goods or
services to a telephone number in the currently effective version of the list
of telephone numbers in the registry.
2. A person who obtains a copy of or
access to the registry or to any version of the list of telephone numbers in
the registry shall not use that information for any purpose other than
determining whether a particular telephone number is available for an
unsolicited telephone call for the sale of goods or services.
3. For the purposes of this section, a
version of the list of telephone numbers in the registry is deemed to be the
currently effective version of the list for the period beginning on the 31st
day after it is published and ending on the 30th day after the next version is
published.
(Added to NRS by 2003, 2881)
NRS 228.600 Telephone solicitors: Use of telephone numbers in registry;
establishment of internal registry of telephone numbers of persons requesting
not to receive unsolicited telephone calls; notice to persons with whom
solicitor has preexisting business relationship; exception.
1. The provisions of NRS 228.590 do not prohibit a telephone solicitor from
making or causing another person to make an unsolicited telephone call for the
sale of goods or services to a telephone number in the currently effective
version of the list of telephone numbers in the registry if:
(a) There is a preexisting business relationship
between the telephone solicitor and the person who is called; and
(b) The telephone solicitor complies with the
provisions of this section.
2. Before a telephone solicitor may make
or cause another person to make an unsolicited telephone call for the sale of
goods or services based on a preexisting business relationship, the telephone
solicitor must establish and maintain an internal do-not-call registry that
complies with federal and state laws and regulations. The internal do-not-call
registry must:
(a) Include, without limitation, a list of the
telephone numbers of any person who has requested that the telephone solicitor
not make or cause another person to make an unsolicited telephone call for the
sale of goods or services to a telephone number of the person making the
request; and
(b) Upon request, be provided by the person to
the Attorney General.
3. In addition to the requirements set
forth in subsection 2, at least once each year, the telephone solicitor shall
provide written notice to each person with whom the telephone solicitor has a
preexisting business relationship. The written notice must:
(a) Inform the person that the telephone
solicitor is providing the notice pursuant to state law;
(b) Explain to the person that the telephone
solicitor may elect to be placed on the internal do-not-call list of the
telephone solicitor and specify the procedures for making such an election; and
(c) Explain to the person that the person may
contact the customer service department of the telephone solicitor or the
Attorney General to obtain further information concerning the provisions of
this section and must provide the current address, telephone number and
electronic mail address of the customer service department of the telephone
solicitor and the Attorney General.
4. The provisions of subsection 3 do not
apply to a person to whom a license to operate an information service or a
nonrestricted gaming license, which is current and valid, has been issued
pursuant to chapter 463 of NRS when
soliciting sales within the scope of his or her license.
5. As used in this section, “preexisting
business relationship” means a relationship between a telephone solicitor and a
person that is based on:
(a) The person’s purchase, rental or lease of
goods or services directly from the telephone solicitor, but not from any
affiliate or associate of the telephone solicitor; or
(b) Any other financial transaction directly
between the person and the telephone solicitor, but not between the person and
any affiliate or associate of the telephone solicitor,
Ê that occurs
within the 18 months immediately preceding the date of the unsolicited
telephone call for the sale of goods or services.
(Added to NRS by 2003, 2881; A 2011, 3582)
NRS 228.610 Attorney General to institute legal proceedings against violator. If the Attorney General has reason to believe
that a person has violated any of the provisions of NRS
228.500 to 228.640, inclusive, or any
regulation adopted pursuant thereto, the Attorney General may institute an
appropriate legal proceeding against the person in a court of competent
jurisdiction.
(Added to NRS by 2003, 2882)
NRS 228.620 Violation constitutes deceptive trade practice. A violation of a provision of NRS 228.500 to 228.640,
inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
(Added to NRS by 2003, 2882)
NRS 228.630 Registry Account: Creation; administration.
1. The Registry Account is hereby created
in the State General Fund for the use of the Attorney General.
2. All money collected by the Attorney
General pursuant to NRS 228.580 must be deposited
in the State General Fund for credit to the Registry Account. The interest and
income earned on the money in the Registry Account, after deducting any
applicable charges, must be credited to the Registry Account.
3. Expenditures from the Registry Account
must be made only to administer and enforce the provisions of NRS 228.500 to 228.640,
inclusive.
4. The Attorney General shall administer
the Registry Account. All claims against the Registry Account must be paid as
other claims against the State are paid.
5. Any money remaining in the Registry
Account at the end of a fiscal year does not revert to the State General Fund,
and the balance in the Registry Account must be carried forward to the next
fiscal year.
6. Each year, the Attorney General shall
submit an itemized statement of the income and expenditures for the Registry
Account:
(a) To the Legislature, if the Legislature is in
session; or
(b) To the Interim Finance Committee, if the
Legislature is not in session.
(Added to NRS by 2003, 2882; A 2011, 442)
NRS 228.640 Regulations. The
Attorney General shall adopt regulations to carry out the provisions of NRS 228.500 to 228.640,
inclusive.
(Added to NRS by 2003, 2883)
OFFICE OF STATEWIDE COORDINATOR FOR CHILDREN WHO ARE
ENDANGERED BY DRUG EXPOSURE
NRS 228.700 “Child who is endangered by drug exposure” defined. As used in this section and NRS 228.710 and 228.720,
unless the context otherwise requires, “child who is endangered by drug
exposure” means:
1. A child who is born affected by
prenatal illegal substance abuse or who has withdrawal symptoms resulting from
such abuse, or has experienced other complications at birth as a result of such
abuse as determined by a physician;
2. A child who illegally has a controlled
substance in his or her body as a direct and foreseeable result of the act or
omission of the parent, guardian or other person who exercises control or
supervision of the child; or
3. A child who is allowed, in violation of
NRS 453.3325, to be present in any
conveyance or upon any premises wherein a controlled substance is unlawfully
possessed, used, sold, exchanged, bartered, supplied, prescribed, dispensed,
given away, administered, manufactured or compounded in violation of any of the
provisions of NRS 453.011 to 453.552, inclusive.
(Added to NRS by 2009, 1531)
NRS 228.710 Creation; appointment of Statewide Coordinator; Statewide
Coordinator in unclassified service.
1. The Office of Statewide Coordinator for
Children Who Are Endangered by Drug Exposure is hereby created in the Office of
the Attorney General.
2. The Attorney General shall appoint a
person to serve as Statewide Coordinator who is knowledgeable about the legal
and societal aspects of children who are endangered by drug exposure.
3. The Statewide Coordinator is in the
unclassified service of the State.
(Added to NRS by 2009, 1531)
NRS 228.720 Duties of Statewide Coordinator; acceptance of gifts, grants and
other money.
1. The Statewide Coordinator for Children
Who Are Endangered by Drug Exposure shall:
(a) Provide necessary assistance to communities
and local governments in establishing programs for children who are endangered
by drug exposure.
(b) Provide education to the public concerning
children who are endangered by drug exposure.
(c) Perform such other tasks as are necessary to
carry out his or her duties and the functions of his or her office.
2. The Attorney General may accept grants,
gifts, donations, bequests or devises on behalf of the Office of Statewide
Coordinator for Children Who Are Endangered by Drug Exposure which must be used
to carry out the duties of the Statewide Coordinator.
(Added to NRS by 2009, 1531)
SUBSTANCE ABUSE WORKING GROUP
NRS 228.800 Creation; composition; officers; terms; service without
compensation; members employed by State or political subdivision;
administrative support. [Effective through June 30, 2015.]
1. The Substance Abuse Working Group is
hereby created within the Office of the Attorney General.
2. The Working Group consists of the
Attorney General and nine members appointed by the Attorney General.
3. The Attorney General is the ex officio
Chair of the Working Group.
4. The Working Group shall annually elect
a Vice Chair and Secretary from among its members.
5. Each member who is appointed to the
Working Group serves a term of 2 years. Members may be reappointed for
additional terms of 2 years. Any vacancy occurring in the membership of the
Working Group must be filled not later than 30 days after the vacancy occurs.
6. The members of the Working Group serve
without compensation and are not entitled to the per diem and travel expenses
provided for state officers and employees generally.
7. Each member of the Working Group who is
an officer or employee of this State or a political subdivision of this State
must be relieved from his or her duties without loss of regular compensation so
that the officer or employee may prepare for and attend meetings of the Working
Group and perform any work necessary to carry out the duties of the Working
Group in the most timely manner practicable. A state agency or political subdivision
of this State shall not require an officer or employee who is a member of the
Working Group to make up the time the officer or employee is absent from work
to carry out duties as a member of the Working Group or use annual leave or
compensatory time for the absence.
8. The Attorney General shall provide such
administrative support to the Working Group as is necessary to carry out the
duties of the Working Group.
(Added to NRS by 2011, 365)
NRS 228.810 Meetings. [Effective through June 30, 2015.]
1. The Substance Abuse Working Group
created by NRS 228.800 shall meet at least once
every 3 months at the times and places specified by a call of the Chair and may
meet at such further times as deemed necessary by the Chair.
2. The Chair of the Working Group, or in
the absence of the Chair, the Vice Chair of the Working Group, shall preside at
each meeting of the Working Group.
3. A member of the Working Group may
designate a person to represent him or her at a meeting of the Working Group if
it is impractical for the member of the Working Group to attend the meeting. A
representative who has been so designated:
(a) Shall be deemed to be a member of the Working
Group for the purpose of determining a quorum at the meeting; and
(b) May vote on any matter that is voted on by
the regular members of the Working Group at the meeting.
(Added to NRS by 2011, 366)
NRS 228.820 Duties; reports. [Effective through June 30, 2015.]
1. The Substance Abuse Working Group
created by NRS 228.800 shall study issues relating
to substance abuse in the State of Nevada, including, without limitation:
(a) The effect of substance abuse on law
enforcement, prisons and other correctional facilities;
(b) The sources and manufacturers of substances
which are abused;
(c) Methods and resources to prevent substance
abuse;
(d) Methods and resources to prevent the
manufacture, trafficking and sale of substances which are abused;
(e) The effectiveness of criminal and civil
penalties in preventing substance abuse;
(f) The effectiveness of criminal and civil
penalties in preventing the manufacture, trafficking and sale of substances which
are abused;
(g) Resources available to assist substance
abusers to rehabilitate and recover from the effects of abuse;
(h) Programs available to educate youth about the
effects of substance abuse;
(i) Programs available to educate family and
friends of substance abusers about the manner in which to provide support and
assistance to substance abusers; and
(j) The effect of substance abuse on the economy.
2. On or before January 15 of each
odd-numbered year, the Working Group shall submit a report of its findings and
recommendations to the Director of the Legislative Counsel Bureau for
distribution to the next regular session of the Legislature.
(Added to NRS by 2011, 366)
