[Rev. 11/21/2013 1:09:34
PM--2013]
CHAPTER 684B - APPRAISERS OF PHYSICAL
DAMAGE TO MOTOR VEHICLES
NRS 684B.010 “Motor
vehicle physical damage appraiser” defined.
NRS 684B.020 License
required; automatic qualification of certain appraisers; exemptions;
administrative fine.
NRS 684B.030 Bond.
NRS 684B.040 Application
for license; penalty. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684B.040 Application
for license; penalty. [Effective on the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
NRS 684B.050 Examination
not required.
NRS 684B.060 Issuance
of license; notice of refusal to issue license; refund of license fee.
NRS 684B.070 Form
and contents of license.
NRS 684B.080 Expiration
and renewal of license. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684B.080 Expiration
and renewal of license. [Effective on the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684B.083 Payment
of child support: Statement of applicant for license; grounds for denial of
license; duty of Commissioner. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684B.087 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684B.090 Place
of business; display of license.
NRS 684B.100 Records.
NRS 684B.110 Suspension,
revocation or limitation of license: Grounds; surrender of license.
NRS 684B.120 Suspension,
revocation or limitation of license: Applicable provisions.
NRS 684B.130 Duration
of suspension.
NRS 684B.140 Commissioner
may levy fine; payment; collection; deposit.
NRS 684B.150 Court
may impose fine in lieu of Commissioner’s penalty.
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NRS 684B.010 “Motor vehicle physical damage appraiser” defined. As used in this Code “motor vehicle physical
damage appraiser” means any person, partnership, association or corporation
who, for a separate fee, practices as a business the appraising of damages to
motor vehicles insured under automobile physical damage policies or on behalf
of third-party claimants.
(Added to NRS by 1971, 1669)
NRS 684B.020 License required; automatic qualification of certain appraisers;
exemptions; administrative fine.
1. No person may act as a motor vehicle
physical damage appraiser for motor vehicle physical damage claims on behalf of
any insurance company or business organization engaged in the adjustment or
appraisal of motor vehicle claims unless the person has:
(a) Secured a license from the Commissioner.
(b) Paid all applicable license fees.
2. Any person who has been engaged in the
business as a motor vehicle physical damage appraiser for a period of 2
consecutive years immediately before January 1, 1972, is entitled to a license
upon application to the Commissioner without further qualification.
3. The provisions of this section do not
apply to:
(a) A licensed insurance adjuster.
(b) An employee of any authorized insurer, motor
club, motor vehicle dealer or automobile body repair shop.
4. A person who acts as a motor vehicle
physical damage appraiser in this state without a license, unless exempt under
subsection 3, is subject to an administrative fine of not more than $1,000 for
each violation.
(Added to NRS by 1971, 1669; A 2001, 2212; 2009, 1779)
NRS 684B.030 Bond.
1. Before the issuance of a motor vehicle
physical damage appraiser’s license the applicant shall file with the
Commissioner, and thereafter maintain in force while so licensed, a surety bond
in the amount of $2,500 in favor of the people of the State of Nevada, executed
by an authorized surety insurer approved by the Commissioner, and conditioned
for the faithful performance of required duties.
2. The bond shall remain in force until
the surety is released from liability by the Commissioner, or until cancelled
by the surety. Without prejudice to any prior liability accrued, the surety may
cancel the bond upon 30 days’ advance written notice filed with the
Commissioner.
(Added to NRS by 1971, 1669)
NRS 684B.040 Application for license; penalty. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support arrearages
and for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. An applicant for a license as a motor
vehicle physical damage appraiser must file a written application therefor with
the Commissioner on forms prescribed and furnished by the Commissioner. The
applicant must furnish information as to his or her identity, personal history,
experience, financial responsibility, business record and other pertinent
matters as reasonably required by the Commissioner to determine the applicant’s
eligibility and qualifications for the license.
2. If the applicant is a natural person,
the application must include the social security number of the applicant.
3. If the applicant is a business
organization, the application must include the names of all members, officers
and directors, and must designate each natural person who is to exercise the
licensee’s powers. A natural person who is authorized to act for a business
organization and who also wishes to be licensed in an individual capacity must
obtain a separate license in his or her own name.
4. The application must be accompanied by
all applicable license fees. The Commissioner shall charge separate fees for
each person authorized to act for a business organization.
5. An applicant for a license who desires
to use a name other than his or her true name must comply with the provisions
of NRS 683A.301. The Commissioner
shall not issue a license in a trade name unless the name has been registered
pursuant to NRS 600.240 to 600.450, inclusive.
6. An applicant for a license shall not
willfully misrepresent or withhold any fact or information called for in the
application form or in connection with the application. A violation of this
subsection is a gross misdemeanor.
(Added to NRS by 1971, 1669; A 1985, 1066; 1987, 152; 1997, 2193; 2001, 2213; 2009, 1780)
NRS 684B.040 Application for license;
penalty. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. An applicant for a license as a motor
vehicle physical damage appraiser shall file a written application therefor
with the Commissioner on forms prescribed and furnished by the Commissioner.
The applicant shall furnish information as to his or her identity, personal
history, experience, financial responsibility, business record and other
pertinent matters as reasonably required by the Commissioner to determine the
applicant’s eligibility and qualifications for the license.
2. If the applicant is a business
organization, the application must show the names of all members, officers and
directors, and must designate each natural person who is to exercise the
licensee’s powers. A natural person who is authorized to act for a business
organization and who also wishes to be licensed in an individual capacity must
obtain a separate license in his or her own name.
3. The application must be accompanied by
all applicable license fees. The Commissioner shall charge separate fees for
each person authorized to act for a business organization.
4. An applicant for a license who desires
to use a name other than his or her true name must comply with the provisions
of NRS 683A.301. The Commissioner
shall not issue a license in a trade name unless the name has been registered
pursuant to NRS 600.240 to 600.450, inclusive.
5. An applicant for a license shall not
willfully misrepresent or withhold any fact or information called for in the
application form or in connection with the application. A violation of this
subsection is a gross misdemeanor.
(Added to NRS by 1971, 1669; A 1985, 1066; 1987, 152; 1997, 2193; 2001, 2213; 2009, 1780,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 684B.050 Examination not required. No
examination of an applicant for a license as a motor vehicle physical damage
appraiser shall be required by the Commissioner.
(Added to NRS by 1971, 1670)
NRS 684B.060 Issuance of license; notice of refusal to issue license; refund
of license fee.
1. If the Commissioner finds that the
application is complete and the applicant is otherwise eligible and qualified
for the license as a motor vehicle physical damage appraiser, the Commissioner
shall promptly issue the license. If the Commissioner refuses to issue the
license the Commissioner shall promptly notify the applicant in writing of the
refusal, stating the grounds for the refusal.
2. If the license is refused, the
Commissioner shall promptly refund to the applicant any refundable license fees
tendered with the application.
(Added to NRS by 1971, 1670; A 1987, 152; 2009, 1780)
NRS 684B.070 Form and contents of license. The
Commissioner shall prescribe the form of the motor vehicle physical damage
appraiser license, which must state:
1. The licensee’s name and business
address;
2. The date of issuance and the general
conditions as to expiration and termination of the license;
3. That the bond required by NRS 684B.030 has been filed; and
4. Such other conditions as the
Commissioner deems proper.
(Added to NRS by 1971, 1670; A 1987, 153)
NRS 684B.080 Expiration and renewal of license. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. Each license issued under this chapter
continues in force for 3 years unless it is suspended, revoked or otherwise
terminated. A license may be renewed upon payment of all applicable fees for
renewal to the Commissioner and submission of the statement required pursuant
to NRS 684B.083 if the licensee is a natural
person. The statement, if required, must be submitted and all applicable fees
must be paid on or before the last day of the month in which the license is
renewable.
2. Any license not so renewed expires at
midnight on the last day specified for its renewal. The Commissioner may accept
a request for renewal received by the Commissioner within 30 days after the
expiration of the license if the request is accompanied by a fee for renewal of
150 percent of all applicable fees otherwise required, except for any fee
required pursuant to NRS 680C.110,
and the statement required pursuant to NRS 684B.083
if the person requesting renewal is a natural person.
(Added to NRS by 1971, 1670; A 1981, 1807; 1987, 153, 462; 1997, 2194; 2009, 1781)
NRS 684B.080 Expiration and renewal of
license. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. Each license issued under this chapter
continues in force for 3 years unless it is suspended, revoked or otherwise terminated.
A license may be renewed upon payment of all applicable fees for renewal to the
Commissioner. All applicable fees must be paid on or before the last day of the
month in which the license is renewable.
2. Any license not so renewed expires at midnight
on the last day specified for its renewal. The Commissioner may accept a
request for renewal received by the Commissioner within 30 days after the
expiration of the license if the request is accompanied by a fee for renewal of
150 percent of all applicable fees otherwise required, except for any fee
required pursuant to NRS 680C.110.
(Added to NRS by 1971, 1670; A 1981, 1807; 1987, 153, 462; 1997, 2194; 2009, 1781,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 684B.083 Payment of child support: Statement of applicant for license;
grounds for denial of license; duty of Commissioner. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. A natural person who applies for the
issuance or renewal of a license as a motor vehicle physical damage appraiser
shall submit to the Commissioner the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520. The statement
must be completed and signed by the applicant.
2. The Commissioner shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the
Commissioner.
3. A license as a motor vehicle physical
damage appraiser may not be issued or renewed by the Commissioner if the
applicant is a natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Commissioner shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2192)
NRS 684B.087 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Commissioner receives a copy of
a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of a license as a motor vehicle physical damage appraiser, the
Commissioner shall deem the license issued to that person to be suspended at
the end of the 30th day after the date on which the court order was issued
unless the Commissioner receives a letter issued to the holder of the license
by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Commissioner shall reinstate a
license as a motor vehicle physical damage appraiser that has been suspended by
a district court pursuant to NRS 425.540
if the Commissioner receives a letter issued by the district attorney or other
public agency pursuant to NRS 425.550
to the person whose license was suspended stating that the person whose license
was suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2193)
NRS 684B.090 Place of business; display of license.
1. Every motor vehicle physical damage
appraiser shall have and maintain in this state a place of business accessible
to the public and from which the licensee principally conducts transactions
under his or her license. The address of such place shall appear upon the
application for a license and upon the license, when issued, and the licensee
shall promptly notify the Commissioner in writing of any change thereof.
Nothing in this section shall prohibit the maintenance of such place in the
licensee’s residence in this state.
2. The license of the licensee shall be
conspicuously displayed in such place of business in a part thereof customarily
open to the public.
(Added to NRS by 1971, 1671)
NRS 684B.100 Records.
1. Each motor vehicle physical damage
appraiser shall keep at the business address shown on his or her license a
record of all transactions under the license.
2. The record shall include:
(a) A copy of all appraisals undertaken.
(b) A statement of any fee, commission or other
compensation received or to be received by the appraiser on account of such
appraisal.
3. The appraiser shall make such records
available for examination by the Commissioner at all times, and shall retain
the records for at least 3 years.
(Added to NRS by 1971, 1671)
NRS 684B.110 Suspension, revocation or limitation of license: Grounds;
surrender of license.
1. The Commissioner may suspend, revoke,
limit or refuse to continue any motor vehicle physical damage appraiser’s
license:
(a) For any cause specified in any other
provision of this chapter;
(b) For any such applicable cause as for
revocation of the license of a producer of insurance under NRS 683A.451; or
(c) If the licensee has for compensation
represented or attempted to represent both the insurer and the insured in the
same transaction.
2. The license of a business organization
may be suspended, revoked, limited or continuation refused for any cause which
relates to any individual designated in or with respect to the license to
exercise its powers.
3. The holder of any license which has
been suspended or revoked shall forthwith surrender the license to the
Commissioner.
(Added to NRS by 1971, 1671; A 2001, 2213)
NRS 684B.120 Suspension, revocation or limitation of license: Applicable
provisions. NRS 683A.451, 683A.461 and 683A.480 also apply to suspension,
revocation, limitation or refusal to continue motor vehicle physical damage
appraiser’s licenses, except where in conflict with the express provisions of
this chapter.
(Added to NRS by 1971, 1672; A 2001, 2214)
NRS 684B.130 Duration of suspension. Every
order suspending any license shall specify the period during which the
suspension shall be effective, which period shall in no event exceed 12 months.
(Added to NRS by 1971, 1672)
NRS 684B.140 Commissioner may levy fine; payment; collection; deposit.
1. In addition to or in lieu of the
suspension, revocation or refusal to renew any motor vehicle physical damage
appraiser’s license for any of the causes referred to in NRS 684B.110 (suspension, limitation, revocation of
license: Grounds), after hearing thereon or upon waiver of hearing by the
licensee, the Commissioner may levy upon the licensee an administrative fine in
any amount not less than $25 nor more than $250.
2. In his or her order levying the fine
the Commissioner shall specify a period of not less than 15 days nor more than
30 days from the date of the order within which the fine shall be paid in full.
3. If the fine is not paid when due, the
Commissioner shall revoke the license involved, if not already revoked, and the
fine shall be recovered in a civil action brought by the Attorney General in
the Commissioner’s behalf.
4. The Commissioner shall deposit any fine
collected by the Commissioner hereunder with the State Treasurer for credit to
the General Fund.
(Added to NRS by 1971, 1672)
NRS 684B.150 Court may impose fine in lieu of Commissioner’s penalty.
1. Upon the hearing of an appeal from the
Commissioner’s order suspending, revoking or refusing to continue any license
issued under the provisions of this chapter, the court, if it finds that the
licensee is guilty of a violation of the law, and if it deems the suspension,
revocation or refusal too severe a penalty under the facts as found, may impose
a fine of not more than $500 in lieu thereof. Payment of the fine within 10
days thereafter shall reinstate, restore or continue the license.
2. If it appears that a license of the
licensee has theretofore been suspended, revoked or refused for a similar
offense, the court shall not have jurisdiction to impose a fine in lieu of the
action required by the order appealed from.
(Added to NRS by 1971, 1672)
