Nevada Roofing Licensing Law

Nevada Code · 902 sections

The following is the full text of Nevada’s roofing licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 1.4665

NRS

1.4665

Procedures for allegation of incapacity; informal resolution of complaint relating to incapacity; medical, psychiatric or psychological testing by physician; burden of proof.

Except as otherwise provided in this section or in the procedural rules adopted by the Commission, the Commission shall use the same procedures with respect to allegations of incapacity as it uses with respect to allegations of misconduct.
The Commission shall attempt to resolve the following matters informally:

(a) A complaint received by the Commission which alleges that a judge is incapacitated;

(b) A matter in which the preliminary investigation reveals that a judge may have a physical or mental disability; and

(c) A matter in which the judge raises a mental or physical disability as an issue before the filing of the formal statement of charges.

An informal resolution by the Commission pursuant to subsection 2 includes, without limitation:

(a) Voluntary retirement by the judge; and

(b) If the disability can be adequately addressed through treatment, a deferred discipline agreement pursuant to NRS 1.468 .

In attempting to resolve a matter informally, the Commission may request that the judge named in the complaint submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this State who is selected by the Commission.
If the Commission is unable to resolve the matter informally pursuant to subsection 2, the Commission shall:

(a) Proceed as set forth in NRS 1.4667 , 1.467 and 1.4673 .

(b) Unless the judge has retained counsel at his or her own expense, appoint an attorney to represent the judge at public expense.

If a judge raises a mental or physical disability as an affirmative defense or in mitigation, the judge shall be deemed to have consented to medical, psychiatric or psychological testing and to have waived the psychologist-patient privilege, doctor-patient privilege, marriage and family therapist-client privilege and social worker-client privilege set forth in chapter 49 of NRS, as applicable. The Commission shall require the judge to produce relevant medical records and to submit to medical, psychiatric or psychological testing by a physician licensed to practice medicine in this State who is selected by the judge. If the judge refuses to produce medical records or submit to an examination, the Commission shall preclude the judge from presenting the medical records or evidence of the results of medical examinations conducted on behalf of the judge and may consider the refusal as evidence that the judge has an incapacity that seriously interferes with the performance of judicial duties of the judge and is likely to become permanent, or as evidence contradicting the claim of a disability by the judge as an affirmative defense or mitigating factor.
If a judge raises a mental illness or other disability as a defense or mitigating factor in a proceeding alleging misconduct, the judge has the burden of proving by a preponderance of the evidence that:

(a) He or she has a serious mental illness or other disability;

(b) The mental illness or other disability caused the misconduct;

(d) The treatment has abated the cause of the misconduct; and

(e) The misconduct is not likely to recur.

The findings of a physician selected by the Commission pursuant to this section are not privileged communications.
The provisions of this section do not prohibit a judge from having legal counsel and a physician of his or her choice present at a medical, psychiatric or psychological examination conducted pursuant to this section.
The Commission shall adopt procedural rules to carry out the provisions of this section.

(Added to NRS by 1997, 1089 ; A 2009, 1341 )

NRS 1.467

NRS

1.467

Finding of whether reasonable probability of grounds for disciplinary action exists required; letter of caution; deferred discipline agreement; procedure when reasonable probability is found to exist.

After a judge responds to the complaint as required pursuant to NRS 1.4667 , the Commission shall make a finding of whether there is a reasonable probability that the evidence available for introduction at a formal hearing could clearly and convincingly establish grounds for disciplinary action against the judge.
If the Commission finds that such a reasonable probability does not exist, the Commission shall dismiss the complaint with or without a letter of caution. The Commission may consider a letter of caution when deciding the appropriate action to be taken on a subsequent complaint against a judge unless the caution is not relevant to the misconduct alleged in the subsequent complaint.
If the Commission finds that such a reasonable probability exists, but reasonably believes that the misconduct would be addressed more appropriately through rehabilitation, treatment, education or minor corrective action, the Commission may enter into a deferred discipline agreement with the judge for a definite period as described in NRS 1.468 .
The Commission shall not dismiss a complaint with a letter of caution or enter into a deferred discipline agreement with a judge if:

(a) The misconduct of the judge involves the misappropriation of money, dishonesty, deceit, fraud, misrepresentation or a crime that adversely reflects on the honesty, trustworthiness or fitness of the judge;

(b) The misconduct of the judge resulted or will likely result in substantial prejudice to a litigant or other person;

(d) The misconduct of the judge is of the same nature as misconduct for which the judge has been publicly disciplined or which was the subject of a deferred discipline agreement entered into by the judge within the immediately preceding 5 years.

If the Commission finds that such a reasonable probability exists and that formal proceedings are warranted, the Commission shall, in accordance with its procedural rules, designate special counsel to sign under oath and file with the Commission a formal statement of charges against the judge.
Within 20 days after service of the formal statement of charges, the judge shall file an answer with the Commission under oath. If the judge fails to answer the formal statement of charges within that period, the Commission shall deem such failure to be an admission that the charges set forth in the formal statement:

(a) Are true; and

(b) Establish grounds for discipline pursuant to NRS 1.4653 .

The Commission shall adopt rules regarding disclosure and discovery after the filing of a formal statement of charges.
By leave of the Commission, a statement of formal charges may be amended at any time, before the close of the hearing, to allege additional matters discovered in a subsequent investigation or to conform to proof presented at the hearing if the judge has adequate time, as determined by the Commission, to prepare a defense.

(Added to NRS by 1997, 1090 ; A 2009, 1343 )

NRS 1.4673

NRS

1.4673

Hearing on formal statement of charges; procedure; actions after formal hearing on charges.

Unless a deferred discipline agreement has been entered into with the judge pursuant to NRS 1.468 , a hearing on a formal statement of charges must be held. If practicable, the hearing must be held not later than 60 days after:

(a) The judge files an answer; or

(b) The date on which the time period for filing an answer expires if the judge has not filed an answer and has not filed with the Commission a request for an extension of time before the expiration of the period for filing the answer.

If formal charges are filed against a judge:

(a) The standard of proof in any proceedings following the formal statement of charges is clear and convincing evidence.

(b) The burden of proof rests on the special counsel except where otherwise provided by specific statute.

Within 60 days after the conclusion of a hearing on a formal statement of charges, the Commission shall prepare and adopt written findings of fact and conclusions of law that:

(a) Dismiss all or part of the charges, if the Commission determines that the grounds for discipline have not been proven by clear and convincing evidence; or

(b) Impose such disciplinary actions on the judge as deemed appropriate by the Commission, if the Commission determines that the grounds for discipline have been proven by clear and convincing evidence.

(Added to NRS by 1997, 1090 ; A 2009, 1344 )

NRS 104.2708

NRS

104.2708

Sellers damages for nonacceptance or repudiation.

Subject to subsection 2 and to the provisions of this Article with respect to proof of market price ( NRS 104.2723 ), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this Article ( NRS 104.2710 ), but less expenses saved in consequence of the buyers breach.
If the measure of damages provided in subsection 1 is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this Article ( NRS 104.2710 ), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

(Added to NRS by 1965, 812 )

NRS 104.2713

NRS

104.2713

Buyers damages for nondelivery or repudiation.

Subject to the provisions of this Article with respect to proof of market price ( NRS 104.2723 ), the measure of damages for nondelivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article ( NRS 104.2715 ), but less expenses saved in consequence of the sellers breach.
Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.

(Added to NRS by 1965, 813 )

NRS 104.2718

NRS

104.2718

Liquidation or limitation of damages; deposits.

Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.
Where the seller justifiably withholds delivery of goods because of the buyers breach, the buyer is entitled to restitution of any amount by which the sum of his or her payments exceeds:

(a) The amount to which the seller is entitled by virtue of terms liquidating the sellers damages in accordance with subsection 1; or

(b) In the absence of such terms, 20 percent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller.

The buyers right to restitution under subsection 2 is subject to offset to the extent that the seller establishes:

(a) A right to recover damages under the provisions of this Article other than subsection 1; and

(b) The amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.

Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection 2; but if the seller has notice of the buyers breach before reselling goods received in part performance, the sellers resale is subject to the conditions laid down in this Article on resale by an aggrieved seller ( NRS 104.2706 ).

(Added to NRS by 1965, 814 )

NRS 104.2723

NRS

104.2723

Proof of market price: Time and place.

If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price ( NRS 104.2708 or 104.2713 ) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
If evidence of a price prevailing at the times or places described in this Article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.
Evidence of a relevant price prevailing at a time or place other than the one described in this Article offered by one party is not admissible unless and until the party has given the other party such notice as the court finds sufficient to prevent unfair surprise.

(Added to NRS by 1965, 816 )

NRS 104.3117

NRS

104.3117

Other agreements affecting instrument.

Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented or nullified by an agreement under this section, the agreement is a defense to the obligation.

(Added to NRS by 1965, 822 ; A 1993, 1267 )

NRS 104.3308

NRS

104.3308

Proof of signatures and status as holder in due course.

In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under subsection 1 of NRS 104.3402 .
If the validity of signatures is admitted or proved and there is compliance with subsection 1, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under NRS 104.3301 , unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that he or she has rights of a holder in due course which are not subject to the defense or claim.

(Added to NRS by 1965, 827 ; A 1993, 1276 )

NRS 104.3309

NRS

104.3309

Enforcement of lost, destroyed or stolen instrument.

A person not in possession of an instrument is entitled to enforce the instrument if:

(a) The person seeking to enforce the instrument:

(1) Was entitled to enforce the instrument when loss of possession occurred; or

(2) Has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;

(b) The loss of possession was not the result of a transfer by the person or a lawful seizure; and

(c) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

A person seeking enforcement of an instrument under subsection 1 must prove the terms of the instrument and his or her right to enforce the instrument. If that proof is made, NRS 104.3308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

(Added to NRS by 1993, 1244 ; A 2005, 1999 )

NRS 104.3602

NRS

104.3602

Payment.

Subject to subsection 5, an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument, and to a person entitled to enforce the instrument.
Subject to subsection 5, a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person who formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it:

(a) Is signed by the transferor or the transferee;

(b) Reasonably identifies the transferred note; and

Ê Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection 3 even if the party obliged to pay the note has received a notification under this subsection.

Subject to subsection 5, to the extent of a payment under subsections 1 and 2, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under NRS 104.3306 by another person.
Subject to subsection 5, a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection 2 after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.
The obligation of a party to pay the instrument is not discharged under subsections 1 to 4, inclusive, if:

(a) A claim to the instrument under NRS 104.3306 is enforceable against the party receiving payment and:

(1) Payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction; or

(2) In the case of an instrument other than a cashiers check, tellers check or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or

(b) The person making payment knows that the instrument is a stolen instrument and pays a person he or she knows is in wrongful possession of the instrument.

As used in this section, signed, with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.

(Added to NRS by 1965, 837 ; A 1993, 1297 ; 2005, 2003 )

NRS 104.4302

NRS

104.4302

Payor banks responsibility for late return of item.

If an item is presented to and received by a payor bank, the bank is accountable for the amount of:

(a) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case where it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or

(b) Any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.

The liability of a payor bank to pay an item pursuant to subsection 1 is subject to defenses based on breach of a presentment warranty ( NRS 104.4208 ) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.

(Added to NRS by 1965, 849 ; A 1993, 1311 )

NRS 104.4403

NRS

104.4403

Customers right to stop payment; burden of proof of loss.

A customer or any person authorized to draw on the account if there is more than one person, may stop payment of any item drawn on the customers account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before the happening of any of the events described in NRS 104.4303 . If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.
A stop-payment order is effective for 6 months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in a record within that period. A stop-payment order may be renewed for additional 6-month periods by a record given to the bank within a period during which the stop-payment order is effective.
The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under NRS 104.4402 .

(Added to NRS by 1965, 851 ; A 1993, 1313 ; 2005, 2008 )

NRS 104.8307

NRS

104.8307

Purchasers right to requisites for registration of transfer.

Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or with any other requisite necessary to obtain registration of the transfer of the security, but if the transfer is not for value, a transferor need not comply unless the purchaser pays the necessary expenses. If the transferor fails within a reasonable time to comply with the demand, the purchaser may reject or rescind the transfer.

(Added to NRS by 1965, 885 ; A 1985, 105 ; 1997, 397 )

Part 4

Registration

NRS 104.9406

NRS

104.9406

Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles and promissory notes ineffective.

Subject to subsections 2 to 8, inclusive, and 11, an account debtor on an account, chattel paper or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, signed by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
Subject to subsections 8 and 11, notification is ineffective under subsection 1:

(a) If it does not reasonably identify the rights assigned;

(b) To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtors duty to pay a person other than the seller and the limitation is effective under law other than this article; or

(c) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:

(1) Only a portion of the account, chattel paper or payment intangible has been assigned to that assignee;

(2) A portion has been assigned to another assignee; or

(3) The account debtor knows that the assignment to that assignee is limited.

Subject to subsections 8 and 11, if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection 1.
Except as otherwise provided in subsections 5 and 10 and NRS 104.9407

and 104A.2303 , and subject to subsection 8, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:

(a) Prohibits, restricts or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection or enforcement of a security interest in, the account, chattel paper, payment intangible or promissory note; or

(b) Provides that the assignment or transfer, or the creation, attachment, perfection or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible or promissory note.

Ê As used in this subsection, the term promissory note includes a negotiable instrument that evidences chattel paper.

Subsection 4 does not apply to the sale of a payment intangible or promissory note, other than a sale pursuant to a disposition under NRS 104.9610 or an acceptance of collateral under NRS 104.9620 .
Except as otherwise provided in subsection 10 and NRS 104.9407 and 104A.2303 and subject to subsections 7 and 8, a rule of law, statute, or regulation, that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute or regulation:

(a) Prohibits, restricts, or requires the consent of the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account or chattel paper; or

(b) Provides that the assignment or transfer, or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper.

Subject to subsections 8 and 11, an account debtor may not waive or vary its option under paragraph (c) of subsection 2.
This section is subject to law other than this article which establishes a different rule for an account debtor who is a natural person and who incurred the obligation primarily for personal, family or household purposes.
This section does not apply to an assignment of a health-care-insurance receivable or to a transfer of a right to receive payments pursuant to NRS 42.200

to 42.400 , inclusive.

Subsections 4 and 6 do not apply to a security interest in an ownership interest in a general partnership, limited partnership or limited-liability company.
Subsections 1, 2, 3 and 7 do not apply to a controllable account or controllable payment intangible.

(Added to NRS by 1999, 325 ; A 2001, 725 ; 2003, 1667 ; 2011, 622 ; 2021, 1730 ; 2023, 3223 )

NRS 104.9608

NRS

104.9608

Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:

(a) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under NRS 104.9607 in the following order to:

(1) The reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorneys fees and legal expenses incurred by the secured party;

(2) The satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and

(3) The satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives a signed demand for proceeds before distribution of the proceeds is completed.

(b) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holders demand under subparagraph (3) of paragraph (a).

(c) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under NRS 104.9607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.

(d) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.

If the underlying transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.

(Added to NRS by 1999, 348 ; A 2001, 732 ; 2023, 3228 )

NRS 104.9615

NRS

104.9615

Application of proceeds of disposition; liability for deficiency and right to surplus.

A secured party shall apply or pay over for application the cash proceeds of disposition under NRS 104.9610 in the following order to:

(a) The reasonable expenses of retaking, holding, preparing for disposition, processing and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable attorneys fees and legal expenses incurred by the secured party;

(b) The satisfaction of obligations secured by the security interest or agricultural lien under which the disposition is made;

(c) The satisfaction of obligations secured by any subordinate security interest in or other subordinate lien on the collateral if:

(1) The secured party receives from the holder of the subordinate security interest or other lien a signed demand for proceeds before distribution of the proceeds is completed; and

(2) In a case in which a consignor has an interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor; and

(d) A secured party that is a consignor of the collateral if the secured party receives from the consignor a signed demand for proceeds before distribution of the proceeds is completed.

If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder does so, the secured party need not comply with the holders demand under paragraph (c) of subsection 1.
A secured party need not apply or pay over for application noncash proceeds of disposition under NRS 104.9610 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by subsection 1 and permitted by subsection 3:

(a) Unless paragraph (d) of subsection 1 requires the secured party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus; and

(b) The obligor is liable for any deficiency.

If the underlying transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes:

(a) The debtor is not entitled to any surplus; and

(b) The obligor is not liable for any deficiency.

The surplus or deficiency following a disposition is calculated based on the amount of proceeds that would have been realized in a disposition complying with this part to a transferee other than the secured party, a person related to the secured party or a secondary obligor if:

(a) The transferee in the disposition is the secured party, a person related to the secured party or a secondary obligor; and

(b) The amount of proceeds of the disposition is significantly below the range of proceeds that a complying disposition to a person other than the secured party, a person related to the secured party or a secondary obligor would have brought.

A secured party that receives cash proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of the holder of a security interest or other lien that is not subordinate to the security interest or agricultural lien under which the disposition is made:

(a) Takes the cash proceeds free of the security interest or other lien;

(b) Is not obligated to apply the proceeds of the disposition to the satisfaction of obligations secured by the security interest or other lien; and

(Added to NRS by 1999, 353 ; A 2001, 733 ; 2023, 3234 )

NRS 105.070

NRS

105.070

Duty of Secretary of State or county recorder to mark security instrument and statement of name change, merger or consolidation upon filing; retention and filing of instrument and statements; fees.

The Secretary of State or county recorder shall mark any security instrument and any statement of change, merger or consolidation presented for filing with the day and hour of filing and the file number assigned to it. This mark is, in the absence of other evidence, conclusive proof of the time and fact of presentation for filing.
The Secretary of State or county recorder shall retain and file all security instruments and statements of change, merger or consolidation presented for filing.
The uniform fee for filing and indexing a security instrument, or a supplement or amendment thereto, and a statement of change, merger or consolidation, and for stamping a copy of those documents furnished by the secured party or the public utility to show the date and place of filing is:

(a) Forty dollars if the record is communicated in writing and consists of one or two pages;

(b) Sixty dollars if the record is communicated in writing and consists of more than two pages, and $2 for each page over 20 pages;

(d) Two dollars for each additional debtor, trade name or reference to another name under which business is done.

(Added to NRS by 1995, 882 ; A 2003, 843 ; 2003, 20th Special Session, 130 )

NRS 106.280

NRS

106.280

Certificates of discharge: Recording.

Every certificate of discharge of a recorded mortgage, and the proof or acknowledgment thereof, must be recorded at full length, and a reference must be made to the county book containing such record in the minutes of the discharge of such mortgage made by the recorder upon the record thereof.

[37:9:1861; A 1935, 253 ; 1931 NCL § 1509]—(NRS A 1965, 926 ; 2011, 327 , 1748 )

NRS 107.030

NRS

107.030

Adoption of covenants by reference.

Every deed of trust made after March 29, 1927, may adopt by reference all or any of the following covenants, agreements, obligations, rights and remedies:

Covenant No . 1. That grantor agrees to pay and discharge at maturity all taxes and assessments and all other charges and encumbrances which now are or shall hereafter be, or appear to be, a lien upon the premises, or any part thereof; and that grantor will pay all interest or installments due on any prior encumbrance, and that in default thereof, beneficiary may, without demand or notice, pay the same, and beneficiary shall be sole judge of the legality or validity of such taxes, assessments, charges or encumbrances, and the amount necessary to be paid in satisfaction or discharge thereof.
Covenant No.
That the grantor will at all times keep the buildings and improvements which are now or shall hereafter be erected upon the premises insured against loss or damage by fire, to the amount of at least $........, by some insurance company or companies approved by beneficiary, the policies for which insurance shall be made payable, in case of loss, to beneficiary, and shall be delivered to and held by the beneficiary as further security; and that in default thereof, beneficiary may procure such insurance, not exceeding the amount aforesaid, to be effected either upon the interest of trustee or upon the interest of grantor, or his or her assigns, and in their names, loss, if any, being made payable to beneficiary, and may pay and expend for premiums for such insurance such sums of money as the beneficiary may deem necessary.
Covenant No . 3. That if, during the existence of the trust, there be commenced or pending any suit or action affecting the premises, or any part thereof, or the title thereto, or if any adverse claim for or against the premises, or any part thereof, be made or asserted, the trustee or beneficiary may appear or intervene in the suit or action and retain counsel therein and defend same, or otherwise take such action therein as they may be advised, and may settle or compromise same or the adverse claim; and in that behalf and for any of the purposes may pay and expend such sums of money as the trustee or beneficiary may deem to be necessary.
Covenant No.
That the grantor will pay to trustee and to beneficiary respectively, on demand, the amounts of all sums of money which they shall respectively pay or expend pursuant to the provisions of the implied covenants of this section, or any of them, together with interest upon each of the amounts, until paid, from the time of payment thereof, at the rate of ................ percent per annum.
Covenant No.
That in case grantor shall well and truly perform the obligation or pay or cause to be paid at maturity the debt or promissory note, and all moneys agreed to be paid, and interest thereon for the security of which the transfer is made, and also the reasonable expenses of the trust in this section specified, then the trustee, its successors or assigns, shall reconvey to the grantor all the estate in the premises conveyed to the trustee by the grantor. Any part of the trust property may be reconveyed at the request of the beneficiary.
Covenant No.
That if default be made in the performance of the obligation, or in the payment of the debt, or interest thereon, or any part thereof, or in the payment of any of the other moneys agreed to be paid, or of any interest thereon, or if any of the conditions or covenants in this section adopted by reference be violated, and if the notice of breach and election to sell, required by this chapter, be first recorded, then trustee, its successors or assigns, on demand by beneficiary, or assigns, shall sell the above-granted premises, or such part thereof as in its discretion it shall find necessary to sell, in order to accomplish the objects of these trusts, in the manner following, namely:

The trustee shall first give notice of the time and place of such sale, in the manner provided in NRS 107.080 and may postpone such sale not more than three times by proclamation made to the persons assembled at the time and place previously appointed and advertised for such sale, and on the day of sale so advertised, or to which such sale may have been postponed, the trustee may sell the property so advertised, or any portion thereof, at public auction, at the time and place specified in the notice, at a public location in the county in which the property, or any part thereof, to be sold, is situated, to the highest cash bidder. The beneficiary, obligee, creditor, or the holder or holders of the promissory note or notes secured thereby may bid and purchase at such sale. The beneficiary may, after recording the notice of breach and election, waive or withdraw the same or any proceedings thereunder, and shall thereupon be restored to the beneficiarys former position and have and enjoy the same rights as though such notice had not been recorded.

Covenant No.
That the trustee, upon such sale, shall make (without warranty), execute and, after due payment made, deliver to purchaser or purchasers, his, her or their heirs or assigns, a deed or deeds of the premises so sold which shall convey to the purchaser all the title of the grantor in the premises, and shall apply the proceeds of the sale thereof in payment, firstly, of the expenses of such sale, together with the reasonable expenses of the trust, including counsel fees, in an amount equal to ................ percent of the amount secured thereby and remaining unpaid or reasonable counsel fees and costs actually incurred, which shall become due upon any default made by grantor in any of the payments aforesaid; and also such sums, if any, as trustee or beneficiary shall have paid, for procuring a search of the title to the premises, or any part thereof, subsequent to the execution of the deed of trust; and in payment, secondly, of the obligation or debts secured, and interest thereon then remaining unpaid, and the amount of all other moneys with interest thereon herein agreed or provided to be paid by grantor; and the balance or surplus of such proceeds of sale it shall pay to grantor, his or her heirs, executors, administrators or assigns.
Covenant No.
That in the event of a sale of the premises, or any part thereof, and the execution of a deed or deeds therefor under such trust, the recital therein of default, and of recording notice of breach and election of sale, and of the elapsing of the 3-month period, and of the giving of notice of sale, and of a demand by beneficiary, his or her heirs or assigns, that such sale should be made, shall be conclusive proof of such default, recording, election, elapsing of time, and of the due giving of such notice, and that the sale was regularly and validly made on due and proper demand by beneficiary, his or her heirs and assigns; and any such deed or deeds with such recitals therein shall be effectual and conclusive against grantor, his or her heirs and assigns, and all other persons; and the receipt for the purchase money recited or contained in any deed executed to the purchaser as aforesaid shall be sufficient discharge to such purchaser from all obligation to see to the proper application of the purchase money, according to the trusts aforesaid.
Covenant No.
That the beneficiary or his or her assigns may, from time to time, appoint another trustee, or trustees, to execute the trust created by the deed of trust. An instrument executed and acknowledged by the beneficiary is conclusive proof of the proper appointment of such substituted trustee. Upon the recording of such executed and acknowledged instrument, the new trustee or trustees shall be vested with all the title, interest, powers, duties and trusts in the premises vested in or conferred upon the original trustee. If there be more than one trustee, either may act alone and execute the trusts upon the request of the beneficiary, and all of the trustees acts thereunder shall be deemed to be the acts of all trustees, and the recital in any conveyance executed by such sole trustee of such request shall be conclusive evidence thereof, and of the authority of such sole trustee to act.

[2:173:1927; NCL § 7711]—(NRS A 1967, 143 ; 2005, 1621 ; 2013, 1013 ; 2019, 1345 ; 2021, 1416 )

NRS 107.220

NRS

107.220

Persons authorized to request statement from beneficiary; proof of identity of successor in interest.

A statement described in NRS 107.200 or 107.210 may be requested by:

(a) The grantor of, or a successor in interest in, the property which is the subject of the deed of trust;

(b) A person who has a subordinate lien or encumbrance of record on the property which is secured by the deed of trust;

(d) An authorized agent of any person described in paragraph (a), (b) or (c).

Ê A written statement signed by any person described in paragraph (a), (b) or (c) which appoints a person to serve as agent if delivered personally to the beneficiary or delivered by mail, return receipt requested, is proof of the identity of an agent.

For the purposes of paragraph (a) of subsection 1, a policy of title insurance, preliminary report issued by a title company, certified copy of letters testamentary or letters of guardianship, or an original or photographic copy of a deed, if delivered personally to the beneficiary or delivered by mail, return receipt requested, is proof of the identity of a successor in interest of the grantor, if the person demanding the statement is named as successor in interest in the document.

(Added to NRS by 1995, 1519 )

NRS 107.230

NRS

107.230

Proof of authorization to request statement.

A beneficiary may, before mailing a statement described in NRS 107.200 or 107.210 , require the person who requested the statement to prove that the person is authorized to request that statement pursuant to NRS 107.220 . If the beneficiary requires such proof, the beneficiary must mail the statement within 21 days after receiving proof from the requester.

(Added to NRS by 1995, 1520 )

NRS 108.229

NRS

108.229

Recording and service of amended notice of lien; variances; errors or mistakes do not defeat lien; exceptions; amendments; substitution of defendants; sufficiency of notice of lien.

At any time before or during the trial of any action to foreclose a lien, a lien claimant may record an amended notice of lien to correct or clarify the lien claimants notice of lien. The lien claimant shall serve the owner of the property with an amended notice of lien in the same manner as required for serving a notice of lien pursuant to NRS 108.227 and within 30 days after recording the amended notice of lien. A variance between a notice of lien and an amended notice of lien does not defeat the lien and shall not be deemed material unless the variance:

(a) Results from fraud or is made intentionally; or

(b) Misleads an adverse party to the partys prejudice, but then only with respect to the adverse party who was prejudiced.

Upon the trial of any action or suit to foreclose a lien, a variance between the lien and the proof does not defeat the lien and shall not be deemed material unless the variance:

(a) Results from fraud or is made intentionally; or

(b) Misleads the adverse party to the partys prejudice, but then only with respect to the adverse party who was prejudiced.

Ê In all cases of immaterial variance the notice of lien may be amended, by amendment duly recorded, to conform to the proof.

An error or mistake in the name of the owner contained in any notice of lien does not defeat the lien, unless a correction of the notice of lien in a particular instance would prejudice the rights of an innocent bona fide purchaser or encumbrancer for value, but then only with respect to the bona fide purchaser or encumbrancer for value who was prejudiced.
Upon the trial, if it appears that an error or mistake has been made in the name of the owner or that the wrong person has been named as owner in any notice of lien, the court shall order an amended notice of lien to be recorded with the county recorder where the original notice of lien was recorded and shall issue to the person who is so made to appear to be the original owner a notice directing the person or persons to be and appear before the court within the same time as is provided by Nevada Rules of Civil Procedure for the appearance in other actions after the service of summons, which notice must be served in all respects as a summons is required to be served, and to show cause why:

(a) That person or persons should not be substituted as the correct owner in the notice of lien and in the suit, in lieu of the person so made defendant and alleged to be owner by mistake.

(b) That person or persons should not be bound by the judgment or decree of the court. Such proceedings must be had therein as though the party so cited to appear had been an original party defendant in the action or suit, and originally named in the notice of lien as owner, and the rights of all parties must thereupon be fully adjudicated.

A notice of lien which contains therein the description of the property supplied by and set forth in the notice of completion recorded pursuant to NRS 108.228

must, for all purposes, be sufficient as a description of the actual property upon which the work was performed or materials or equipment were supplied, and amendment of the notice of lien or amendment of the pleading filed by the lien claimant in a foreclosure action, or both, may be made to state the correct description, and the corrected description relates back to the time of recording the notice of lien, unless a correction of the notice of lien in a particular instance would prejudice the rights of an innocent bona fide purchaser or encumbrancer for value, but then only with respect to the bona fide purchaser or encumbrancer for value who was prejudiced.

(Added to NRS by 1965, 1162 ; A 2003, 2602 )

NRS 108.550

NRS

108.550

Foreclosure of lien; sale; disposition of proceeds.

The lien provided for in NRS 108.540 may be foreclosed in the following manner:

(a) A notice must be posted for a period of 10 days in three public and conspicuous places in the county where the animals are being fed, pastured or boarded, which notice must also be published in one issue of a newspaper of general circulation in the county.

(b) The notice must:

(1) Specify the nature and amount of the lien.

(2) Specify that it is the intention of the lienholder to foreclose the animal or animals by sale.

(3) Specify a description of the animal or animals.

(4) Specify the name and last known address of the owner or purported owner of the animal or animals.

(5) State that unless the amount of the lien is paid on or before a specified date, the animal or animals, or so many thereof as may be necessary, will be sold at public auction at the place and on the day and hour specified in the notice.

(6) Be signed and dated by the lienholder.

(c) The lienholder shall specify a day for the purposes of the demand in subparagraph (5) of paragraph (b). The day specified must not be less than 10 nor more than 15 days after the date of the publication of the notice.

(d) A true copy of the demand and notice must be mailed by registered or certified letter and at the time of publication to the last known address of the holder of every lien appearing of record in the county.

The sale provided for in this section may be conducted by the person furnishing the feed, pasture or board, or by any other person who may be designated by the lienholder. Only such number of animals will be sold as may be necessary to discharge the lien and pay the cost of the publication of notice, plus the sum of $5 to be allowed to the person making the sale. No sale may be made except when the animals to be sold are corralled and have been viewed by the bidders. Any expense incidental to rounding up or bringing the animal or animals to the place of sale is also a proper and an additional charge against the owner. The lienholder may be a bidder at the sale. From the proceeds of the sale, the lienholder shall satisfy the lien, including the additional charges mentioned in this subsection, delivering over the balance, if any, to the owner. If the owner is out of the state or cannot be found, the balance must be deposited with the county treasurer of the county in which the sale was conducted.
If the balance is not called for by the owner within 6 months after the date of sale, the balance must be paid into the county school district fund.
The highest bidder at the sale shall immediately pay the amount bid in cash and receive title to the animals sold, subject only to any prior lien appearing of record in the county, but before title vests in the successful bidder there must be recorded with the recorder of the county in which the sale was held a certificate executed by the person conducting the sale, to which must be attached the publishers proof of publication of the notice of sale to foreclose the lien. The certificate must specify:

(a) The name and address of the buyer.

(b) That the buyer was the highest bidder.

(d) The kind, color, size, weight, brand, if any, and earmarks, if any, of the animal or animals sold.

No person requesting or consenting to the furnishing of feed, pasture or board is entitled to assert a lien prior to that provided for in this section.
This section is intended to supplement existing law and the remedy provided in this section is not exclusive. This section does not deprive the lienholder from resorting to any other legal remedy.

[1:227:1945; 1943 NCL § 3782] + [2:227:1945; 1943 NCL § 3782.01] + [3:227:1945; 1943 NCL § 3782.02] + [4:227:1945; 1943 NCL § 3782.03] + [5:227:1945; 1943 NCL § 3782.04] + [6:227:1945; 1943 NCL § 3782.05]—(NRS A 1959, 158 ; 1969, 95 ; 1971, 513 ; 1985, 240 ; 2001, 1752 )

NRS 108.860

NRS

108.860

Signing and filing petition; notice; hearing; duty of Director of Department of Health and Human Services to file notice of pendency of action and to serve notice of lien; contents of notice of lien; amendment of notice of lien.

A petition for the imposition of a lien must be signed by or on behalf of the Director of the Department of Health and Human Services or the Attorney General and filed with the clerk of the court, who shall set the petition for hearing.
Notice of a petition for the imposition of a lien must be given by registered or certified mail, postage prepaid, at least 10 days before the date set for hearing or other action by the court. Each such notice must be addressed to the intended recipient at the last address known to the Director, receipt for delivery requested. The Director shall cause the notice to be published, at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons claiming any interest in the property of the filing of the petition, the object and the location, date and time of the hearing.
Notice of a petition for the imposition of a lien must be given to:

(a) Each person who has requested notice;

(b) The person who is receiving or has received benefits for Medicaid;

(d) Each executor, administrator or trustee of the estate of a decedent who received benefits for Medicaid, if any;

(e) The heirs of such a decedent known to the Director; and

(f) Each person who is claiming any interest in the property or who is listed as having any interest in the subject property,

Ê and must state the filing of the petition, the object, and the time set for hearing.

At the time appointed, or at any other time to which the hearing may be continued, upon proof being made by affidavit or otherwise to the satisfaction of the court that notice has been given as required by this chapter, the court shall proceed to hear the testimony in support of the petition. Each witness who appears and is sworn shall testify orally.
The court shall make findings as to the appropriateness of the lien and the amount of the lien.
At the time of the filing of the petition for imposition of a lien, the Director shall file a notice of pendency of the action in the manner provided in NRS 14.010 .
Upon imposition of the lien by the court, the Director shall serve the notice of lien upon the owner by certified or registered mail and file it with the office of the county recorder of each county where real property subject to the lien is located.
The notice of lien must contain:

(a) The amount due;

(b) The name of the owner of record of the property; and

If the amount due as stated in the notice of lien is reduced by a payment, the Director shall amend the notice of lien, stating the amount then due, within 20 days after receiving the payment.

(Added to NRS by 1995, 2570 ; A 1997, 1247 ; 2003, 877 )

NRS 108.893

NRS

108.893

Release of farm product or processed farm product by court.

In an action commenced by a lien claimant, a defendant processor may file a surety bond with the court in which the action is pending in an amount that is sufficient to cover the demand of the complaint of the plaintiff producer, including attorneys fees and costs.
Upon the filing of the bond described in subsection 1, the court, in its discretion, may order the release of a portion of the farm product or processed farm product upon which the lien of the plaintiff producer has attached.
A processor may move the court for a hearing to introduce evidence to the court to demonstrate that the processor has sufficient security or money on deposit to protect the lien or other rights of the plaintiff producer.
Upon proof of sufficient security, the court may order the release of a portion or the whole of a farm product upon which the lien of the plaintiff producer is attached and deny the plaintiff any recovery in the action.
The other rights and remedies of a lien claimant, if any, are not prejudiced by an order of the court for dismissal pursuant to subsection 4.

(Added to NRS by 2001, 1231 )

NRS 111.040

NRS

111.040

Validity of conveyances made before December 2, 1861.

All conveyances of real property made, acknowledged or proved prior to December 2, 1861, according to the laws in force at the time of the making, acknowledgment or proof, shall have the same force as evidence, and be recorded in the same manner and with like effect as conveyances executed and acknowledged in pursuance of this chapter.

[39:9:1861; B § 267; BH § 2608; C § 2678; RL § 1053; NCL § 1511]

NRS 111.045

NRS

111.045

Legality of conveyances executed before December 2, 1861, depends on laws and customs of mining and agricultural districts.

The legality of the execution, acknowledgment, proof, form or record of any conveyance, or other instrument made, executed, acknowledged, proved or recorded prior to December 2, 1861, shall not be affected by anything contained in this chapter, but shall depend for its validity or legality upon the laws and customs then in existence and in force in the mining and agricultural districts.

[40:9:1861; B § 268; BH § 2609; C § 2679; RL § 1054; NCL § 1512]

NRS 111.115

NRS

111.115

Proof of execution of conveyance.

The proof of the execution of any conveyance, whereby any real property is conveyed, or may be affected, shall be:

By the testimony of a subscribing witness; or
When all the subscribing witnesses are dead, or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by a credible witness to each signature.

[10:9:1861; B § 238; BH § 2579; C § 2649; RL § 1027; NCL § 1485]

NRS 111.120

NRS

111.120

Conditions necessary before proof by subscribing witness can be taken.

No proof by a subscribing witness shall be taken unless the witness shall be personally known to the person taking the proof to be the person whose name is subscribed to the conveyance as witness thereto, or shall be proved to be such by the oath or affirmation of a credible witness.

[11:9:1861; B § 239; BH § 2580; C § 2650; RL § 1028; NCL § 1486]

NRS 111.125

NRS

111.125

Proof required from subscribing witnesses.

No certificate of proof shall be granted unless subscribing witnesses shall prove:

That the person whose name is subscribed thereto as a party is the person described in, and who executed the same.
That such person executed the conveyance.
That such witness subscribed his or her name thereto as a witness thereof.

[12:9:1861; B § 240; BH § 2581; C § 2651; RL § 1029; NCL § 1487]

NRS 111.130

NRS

111.130

Contents of certificate of proof.

The certificate of proof shall set forth the following matters:

The fact that the subscribing witness was personally known to the person granting the certificate to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by oath or affirmation of a witness, whose name shall be inserted in the certificate.
The proof given by such witness of the execution of such conveyance, and of the fact that the person whose name is subscribed to such conveyance as a party thereto is the person who executed the same, and that such witness subscribed his or her name to such conveyance as a witness thereof.

[13:9:1861; B § 241; BH § 2582; C § 2652; RL § 1030; NCL § 1488]

NRS 111.135

NRS

111.135

When proof by evidence of handwriting may be taken.

No proof by evidence of the handwriting of the party, and of a subscribing witness, shall be taken, unless the person taking the same shall be satisfied that all the subscribing witnesses to the conveyance are dead, or cannot be had to prove the execution thereof.

[14:9:1861; B § 242; BH § 2583; C § 2653; RL § 1031; NCL § 1489]

NRS 111.140

NRS

111.140

Statements of witnesses under oath before certificate granted.

No certificate of any such proof shall be granted unless:

A competent and credible witness shall state, on oath or affirmation, that the witness personally knew the person whose name is subscribed thereto as a party, well knew the persons signature (stating his or her means of knowledge), and believes the name of the person subscribed thereto as a party was subscribed by such person.
A competent and credible witness shall, in like manner, state that the witness personally knew the person whose name is subscribed to such conveyance as a witness, well knew the persons signature (stating his or her means of knowledge), and believes the name subscribed thereto as a witness was thereto subscribed by such person.

[15:9:1861; B § 243; BH § 2584; C § 2654; RL § 1032; NCL § 1490]

NRS 111.145

NRS

111.145

Witnesses to conveyance may be subpoenaed.

Upon the application of any grantee in any conveyance required by this chapter to be recorded, or by any person claiming under such grantee, verified under the oath of the applicant, that any witness to such conveyance, residing in the county where such application is made, refuses to appear and testify touching the execution thereof, and that such conveyance cannot be proved without the evidence of the witness, any person authorized to take the acknowledgment or proof of such conveyance may issue a subpoena requiring such witness to appear before such person and testify touching the execution thereof.

[16:9:1861; B § 244; BH § 2585; C § 2655; RL § 1033; NCL § 1491]

NRS 111.150

NRS

111.150

Penalty for failure of witness to appear when subpoenaed.

Every person who, being served with a subpoena, shall, without reasonable cause, refuse or neglect to appear, or appearing shall refuse to answer upon oath touching the matters stated in NRS 111.145 :

(a) Shall be liable to the party injured in the sum of $100, and for such damages as may be sustained by the party injured on account of such neglect or refusal; and

(b) May be committed to jail by the judge of some court of record, there to remain, without bail, until the person shall submit to answer upon oath as stated aforesaid.

No person shall be required to attend who resides out of the county in which the proof is to be taken, nor unless the persons reasonable expenses shall have been first tendered to the person.

[17:9:1861; B § 245; BH § 2586; C § 2656; RL § 1034; NCL § 1492]

NRS 111.155

NRS

111.155

Conveyance acknowledged or proved may be read in evidence.

Every conveyance, or other instrument, conveying or affecting real property, which shall be acknowledged, or proved and certified, as prescribed in this chapter, may, together with the certificate of acknowledgment, or proof, be read in evidence without further proof.

[29:9:1861; B § 257; BH § 2598; C § 2668; RL § 1043; NCL § 1501]

NRS 111.238

NRS

111.238

Prohibition on display of flag of the United States on property.

Except as otherwise provided in subsection 2, any covenant, condition or restriction contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits the owner of the property from engaging in the display of the flag of the United States on his or her property is void and unenforceable.
The provisions of this section do not apply to the display of the flag of the United States for commercial advertising purposes.
In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorneys fees and costs.
As used in this section, display of the flag of the United States means a flag of the United States that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

Ê The term does not include a depiction or emblem of the flag of the United States that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.

(Added to NRS by 2003, 2966 )

NRS 111.265

NRS

111.265

Persons authorized to take acknowledgment or proof within State.

The proof or acknowledgment of every conveyance affecting any real property, if acknowledged or proved within this State, must be taken by one of the following persons:

A judge or a clerk of a court having a seal.
A notary public.
A justice of the peace.

[Part 4:9:1861; A 1867, 103 ; B § 231; BH § 2572; C § 2642; RL § 1020; NCL § 1478]—(NRS A 1985, 1209 ; 1987, 123 )

RECORDING

NRS 111.310

NRS

111.310

Instruments entitled to recordation; patents need not be acknowledged.

Except as otherwise provided in NRS 111.312 , a certificate of the acknowledgment of any conveyance or other instrument in any way affecting the title to real or personal property, or the proof of the execution thereof, as provided in this chapter, signed by the person taking the same, and under the seal or stamp of that person, if the person is required by law to have a seal or stamp, entitles the conveyance or instrument, with the certificate or certificates, to be recorded in the office of the recorder of any county in this state.
Any state or United States contract or patent for land may be recorded without any acknowledgment or proof.

[18:9:1861; A 1909, 270 ; RL § 1035; NCL § 1493]—(NRS A 1969, 491 ; 1989, 1645 )

NRS 111.340

NRS

111.340

Certificate of acknowledgment and record may be rebutted.

Neither the certificate of the acknowledgment nor of the proof of any conveyance or instrument, nor the record, nor the transcript of the record, of such conveyance or instrument, shall be conclusive, but the same may be rebutted.

[31:9:1861; B § 259; BH § 2600; C § 2670; RL § 1045; NCL § 1503]

NRS 111.345

NRS

111.345

Proof taken upon oath of incompetent witness: Instrument not admissible until established by competent proof.

If the party contesting the proof of any conveyance or instrument shall make it appear that any such proof was taken upon the oath of an incompetent witness, neither such conveyance or instrument, nor the record thereof, shall be received in evidence, until established by other competent proof.

[32:9:1861; B § 260; BH § 2601; C § 2671; RL § 1046; NCL § 1504]

NRS 111.350

NRS

111.350

Conveyances or other instruments recorded before December 17, 1862: Notice to subsequent purchasers; certified copies as evidence.

All instruments of writing copied into the proper books of record of the offices of the county recorders of the several counties of the Territory of Nevada prior to December 17, 1862, shall, after December 17, 1862, be deemed to impart to subsequent purchasers and encumbrancers, and all other persons whomsoever, notice of all deeds, mortgages, powers of attorney, contracts, conveyances or other instruments, notwithstanding any defect, omission or informality existing in the execution, acknowledgment or certificate of recording the same.
Nothing contained in this section shall be construed to affect any rights acquired prior to December 17, 1862, in the hands of subsequent grantees or assignees.
Certified copies of such instruments as are embraced in subsection 1 may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law for using copies of instruments duly executed and recorded. Proof shall be first made that the instruments, copies of which it is proposed to use, were genuine instruments and were in truth executed by the grantor or grantors therein named.

[1:32:1862; B § 311; BH § 2648; C § 2718; RL § 1093; NCL § 1551] + [2:32:1862; B § 312; BH § 2649; C § 2719; RL § 1094; NCL § 1552]

NRS 111.757

NRS

111.757

Transfer to designated beneficiary according to beneficiary designation or other direction.

When a transferring entity accepts a beneficiary designation or beneficiary assignment or registers in beneficiary form certain property, the acceptance or registration constitutes the agreement of the owner and transferring entity that, unless the beneficiary designation is revoked or changed before the death of the owner, on proof of the death of the owner and compliance with the transferring entitys requirements for showing proof of entitlement, the property will be transferred to and placed in the name and control of the beneficiary in accordance with the beneficiary designation or transfer-on-death direction, the agreement of the parties and the provisions of NRS 111.751 to 111.779 , inclusive.

(Added to NRS by 2011, 1421 )

NRS 111.793

NRS

111.793

Proportional ownership; exception to proportional ownership; rights of beneficiary; rights of agent.

During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.
A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.
An agent in an account with an agency designation has no beneficial right to sums on deposit.
As used in this section, net contribution of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party which have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes any deposit life insurance proceeds added to the account by reason of the death of the party whose net contribution is in question.

(Added to NRS by 2011, 1431 )

NRS 111.805

NRS

111.805

Payment of sums on deposit: Multiple-party accounts.

A financial institution, on request, may pay sums on deposit in a multiple-party account to:

One or more of the parties, whether or not another party is disabled, incapacitated or deceased when payment is requested and whether or not the party making the request survives another party; or
The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account as a party or beneficiary, unless the account is without right of survivorship under NRS 111.785 .

(Added to NRS by 2011, 1432 )

NRS 111.807

NRS

111.807

Payments of sums on deposit: Accounts with POD designation.

A financial institution, on request, may pay sums on deposit in an account with a POD designation to:

One or more of the parties, whether or not another party is disabled, incapacitated or deceased when the payment is requested and whether or not a party survives another party;
The beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties; or
The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account as a party or beneficiary.

(Added to NRS by 2011, 1432 )

NRS 116.1209

NRS

116.1209

Other exempt real estate arrangements; other exempt covenants.

An agreement between the associations for two or more common-interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate or other activities specified in the agreement or declarations does not create a separate common-interest community. If the declarants of the common-interest communities are affiliates, the agreement may not unreasonably allocate the costs among those common-interest communities.
An agreement between an association and the owner of real estate that is not part of a common-interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in the agreement, does not create a separate common-interest community. However, the assessments against the units in the common-interest community required by the agreement must be included in the periodic budget for the common-interest community, and the agreement must be disclosed in all public offering statements and resale certificates required by this chapter.
An agreement between the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, road, driveway or well or other similar use does not create a common-interest community unless the owners otherwise agree.
As used in this section, party wall means any wall or fence constructed along the common boundary line between parcels. The term does not include any shared building structure systems, including, without limitation, foundations, walls and roof structures.

(Added to NRS by 2009, 1608 )

ARTICLE 2

CREATION, ALTERATION AND TERMINATION OF COMMON-INTEREST COMMUNITIES

NRS 116.31034

NRS

116.31034

Election of members of executive board and officers of association; term of office of member of executive board; staggered terms; eligibility to be candidate for or member of executive board or officer of association; required disclosures; procedure for conducting elections; certification by member of executive board of understanding of governing documents and provisions of chapter.

Except as otherwise provided in subsection 5 of NRS 116.212 , not later than the termination of any period of declarants control, the units owners shall elect an executive board of at least three members, all of whom must be units owners. The executive board shall elect the officers of the association. Unless the governing documents provide otherwise, the officers of the association are not required to be units owners. The members of the executive board and the officers of the association shall take office upon election.
The term of office of a member of the executive board may not exceed 3 years, except for members who are appointed by the declarant. Unless the governing documents provide otherwise, there is no limitation on the number of terms that a person may serve as a member of the executive board.
The governing documents of the association must provide for terms of office that are staggered in such a manner that, to the extent possible, an equal number of members of the executive board are elected at each election. The provisions of this subsection do not apply to:

(a) Members of the executive board who are appointed by the declarant; and

(b) Members of the executive board who serve a term of 1 year or less.

Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each units owner of the units owners eligibility to serve as a member of the executive board. Each units owner who is qualified to serve as a member of the executive board may have his or her name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.
Before the secretary or other officer specified in the bylaws of the association causes notice to be given to each units owner of his or her eligibility to serve as a member of the executive board pursuant to subsection 4, the executive board may determine that if, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board at the election, then:

(a) The association will not prepare or provide any ballots to units owners pursuant to this section; and

(b) The nominated candidates shall be deemed to be duly elected to the executive board at the meeting of the units owners at which the ballots would have been counted pursuant to paragraph (e) of subsection 15.

If the executive board makes the determination set forth in subsection 5, the secretary or other officer specified in the bylaws of the association shall disclose the determination and the provisions of subsection 5 with the notice given pursuant to subsection 4.
If, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is less than the number of members to be elected to the executive board at the election, the executive board may fill the remaining vacancies on the executive board by appointment of the executive board at a meeting of the executive board held after the candidates are elected pursuant to subsection 5. Any such person appointed to the executive board shall serve as a member of the executive board until the next regularly scheduled election of members of the executive board. An executive board member elected to a previously appointed position which was temporarily filled by board appointment pursuant to this subsection may only be elected to fulfill the remainder of that term.
If, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is greater than the number of members to be elected to the executive board, then the association shall:

(a) Prepare and provide ballots to the units owners pursuant to this section; and

(b) Conduct an election for membership on the executive board pursuant to this section.

Each person who is nominated as a candidate for membership on the executive board pursuant to subsection 4 must:

(a) Make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or would appear to a reasonable person to result in a potential conflict of interest for the candidate if the candidate were to be elected to serve as a member of the executive board; and

(b) Disclose whether the candidate is a member in good standing. For the purposes of this paragraph, a candidate shall not be deemed to be in good standing if the candidate has any unpaid and past due assessments or construction penalties that are required to be paid to the association.

Ê The candidate must make all disclosures required pursuant to this subsection in writing to the association with his or her candidacy information. Except as otherwise provided in this subsection, the association shall distribute the disclosures, on behalf of the candidate, to each member of the association with the ballot or, in the event ballots are not prepared and provided pursuant to subsection 5, in the next regular mailing of the association. The association is not obligated to distribute any disclosure pursuant to this subsection if the disclosure contains information that is believed to be defamatory, libelous or profane.

Except as otherwise provided in subsections 11 and 12, unless a person is appointed by the declarant:

(a) A person may not be a candidate for or member of the executive board or an officer of the association if:

(1) The person resides in a unit with, is married to, is domestic partners with, or is related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association;

(2) The person stands to gain any personal profit or compensation of any kind from a matter before the executive board of the association; or

(3) The person, the persons spouse or the persons parent or child, by blood, marriage or adoption, performs the duties of a community manager for that association.

(b) A person may not be a candidate for or member of the executive board of a master association or an officer of that master association if the person, the persons spouse or the persons parent or child, by blood, marriage or adoption, performs the duties of a community manager for:

(1) That master association; or

(2) Any association that is subject to the governing documents of that master association.

A person, other than a person appointed by the declarant, who owns 75 percent or more of the units in an association may:

(a) Be a candidate for or member of the executive board or an officer of the association; and

(b) Reside in a unit with, be married to, be domestic partners with, or be related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association,

Ê unless the person owning 75 percent or more of the units in the association and the other person would constitute a majority of the total number of seats on the executive board.

A person, other than a person appointed by the declarant, may:

(a) Be a candidate for or member of the executive board; and

Ê if the number of candidates nominated for membership on the executive board is less than or equal to the number of members to be elected to the executive board.

If a person is not eligible to be a candidate for or member of the executive board or an officer of the association pursuant to any provision of this chapter, the association:

(a) Must not place his or her name on the ballot; and

(b) Must prohibit such a person from serving as a member of the executive board or an officer of the association.

An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a unit may be an officer of the association or a member of the executive board. In all events where the person serving or offering to serve as an officer of the association or a member of the executive board is not the record owner, the person shall file proof in the records of the association that:

(a) The person is associated with the corporate owner, trust, partnership, limited-liability company or estate as required by this subsection; and

(b) Identifies the unit or units owned by the corporate owner, trust, partnership, limited-liability company or estate.

Except as otherwise provided in subsection 5 or NRS 116.311 or 116.31105 , the election of any member of the executive board must be conducted by secret ballot in the following manner:

(a) The secretary or other officer specified in the bylaws of the association shall cause a secret paper or electronic ballot to be provided to each units owner and:

(1) If a paper ballot is provided, shall send the ballot and a return envelope, prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner; or

(2) If an electronic ballot is provided, shall provide the ballot or make the ballot available by electronic means to each units owner.

(b) Each units owner must be provided with at least 15 days after the date the secret ballot is mailed, provided or made available to the units owner to return the secret ballot to the association by physical or electronic means.

(d) Only the secret ballots that the association receives by physical or electronic means may be counted to determine the outcome of the election.

(e) At the meeting of the units owners held pursuant to subsection 1 of NRS 116.3108 , the secret ballots physically received by the association must be opened and counted and the results of the secret ballots received by the association by electronic means must be reviewed, announced and entered into the record. A quorum is not required to be present when the secret ballots physically received by the association are opened and counted or the results of the secret ballots received by the association by electronic means are reviewed, announced and entered into the record at the meeting.

(f) The incumbent members of the executive board and each person whose name is placed on the ballot as a candidate for membership on the executive board may not possess, be given access to or participate in the opening or counting of the secret ballots that the association physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret ballots have been opened and counted or reviewed, announced and entered into the record, as applicable, at a meeting of the association.

An association shall not adopt any rule or regulation that has the effect of prohibiting or unreasonably interfering with a candidate in the candidates campaign for election as a member of the executive board, except that the candidates campaign may be limited to 90 days before the date that ballots are required to be returned to the association.
A candidate who has submitted a nomination form for election as a member of the executive board may request that the association or its agent either:

(a) Send before the date of the election and at the associations expense, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner a candidate informational statement. The candidate informational statement:

(1) Must be no longer than a single, typed page;

(2) Must not contain any defamatory, libelous or profane information; and

(3) May be sent with a secret ballot mailed pursuant to subsection 15 or in a separate mailing; or

(b) To allow the candidate to communicate campaign material directly to the units owners, provide to the candidate, in paper format at a cost not to exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter, in the format of a compact disc at a cost of not more than $5 or by electronic mail at no cost:

(1) A list of the mailing address of each unit, which must not include the names of the units owners or the name of any tenant of a units owner; or

(2) If the members of the association are owners of time shares within a time share plan created pursuant to chapter 119A of NRS and:

(I) The voting rights of those owners are exercised by delegates or representatives pursuant to NRS 116.31105 , the mailing address of the delegates or representatives.

(II) The voting rights of those owners are not exercised by delegates or representatives, the mailing address of the association established pursuant to NRS 119A.520 . If the mailing address of the association is provided to the candidate pursuant to this sub-subparagraph, the association must send to each owner of a time share within the time share plan the campaign material provided by the candidate. If the campaign material will be sent by mail, the candidate who provides the campaign material must provide to the association a separate copy of the campaign material for each owner and must pay the actual costs of mailing before the campaign material is mailed. If the campaign material will be sent by electronic transmission, the candidate must provide to the association one copy of the campaign material in an electronic format.

Ê The information provided pursuant to this paragraph must not include the name of any units owner or any tenant of a units owner. If a candidate who makes a request for the information described in this paragraph fails or refuses to provide a written statement signed by the candidate which states that the candidate is making the request to allow the candidate to communicate campaign material directly to units owners and that the candidate will not use the information for any other purpose, the association or its agent may refuse the request.

An association and its directors, officers, employees and agents are immune from criminal or civil liability for any act or omission which arises out of the publication or disclosure of any information related to any person and which occurs in the course of carrying out any duties required pursuant to subsection 17.
Each member of the executive board shall, within 90 days after his or her appointment or election, certify in writing to the association, on a form prescribed by the Administrator, that the member has read and understands the governing documents of the association and the provisions of this chapter to the best of his or her ability. The Administrator may require the association to submit a copy of the certification of each member of the executive board of that association at the time the association registers with the Ombudsman pursuant to NRS 116.31158 .

(Added to NRS by 1993, 2353 ; A 1997, 3117 ; 1999, 3001 ; 2003, 2229 ; 2005, 2594 ; 2009, 1250 , 2883 ,

2915 ;

2011, 660 ; 2015, 1925 ; 2017, 1083 ; 2023, 954 )

NRS 116.31037

NRS

116.31037

Indemnification and defense of member of executive board.

If a member of an executive board is named as a respondent or sued for liability for actions undertaken in his or her role as a member of the board, the association shall indemnify the member for his or her losses or claims, and undertake all costs of defense, unless it is proven that the member acted with willful or wanton misfeasance or with gross negligence. After such proof, the association is no longer liable for the cost of defense, and may recover costs already expended from the member of the executive board who so acted.

(Added to NRS by 2011, 2414 )

NRS 116.3115

NRS

116.3115

Assessments for common expenses; funding of adequate reserves; collection of interest on past due assessments; calculation of assessments for particular types of common expenses; notice of meetings regarding assessments for capital improvements.

Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association in accordance with the requirements set forth in NRS 116.31151 . Unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and a budget for the reserves required by paragraph (b) of subsection 2.
Except for assessments under subsections 4 to 7, inclusive, or as otherwise provided in this chapter:

(a) All common expenses, including the reserves, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107 .

(b) The association shall establish adequate reserves, funded on a reasonable basis, for the repair, replacement and restoration of the major components of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore. The reserves may be used only for those purposes, including, without limitation, repairing, replacing and restoring roofs, roads and sidewalks, and must not be used for daily maintenance. The association may comply with the provisions of this paragraph through a funding plan that is designed to allocate the costs for the repair, replacement and restoration of the major components of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore over a period of years if the funding plan is designed in an actuarially sound manner which will ensure that sufficient money is available when the repair, replacement and restoration of the major components of the common elements or any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore are necessary. Notwithstanding any provision of the governing documents to the contrary, to establish adequate reserves pursuant to this paragraph, including, without limitation, to establish or carry out a funding plan, the executive board may, without seeking or obtaining the approval of the units owners, impose any necessary and reasonable assessments against the units in the common-interest community. Any such assessments imposed by the executive board must be based on the study of the reserves of the association conducted pursuant to NRS 116.31152 .

Any assessment for common expenses or installment thereof that is 60 days or more past due bears interest at a rate equal to the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date the assessment becomes past due, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the balance is satisfied.
Except as otherwise provided in the governing documents:

(a) Any common expense associated with the maintenance, repair, restoration or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;

(b) Any common expense benefiting fewer than all of the units or their owners, including, without limitation, common expenses consisting of the payment, on behalf of a units owner, of delinquent property taxes or utility charges owed by the units owner, may be assessed exclusively against the units or units owners benefited; and

(c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.
If damage to a unit or other part of the common-interest community, or if any other common expense is caused by the willful misconduct or gross negligence of any units owner, tenant or invitee of a units owner or tenant, the association may assess that expense exclusively against his or her unit, even if the association maintains insurance with respect to that damage or common expense, unless the damage or other common expense is caused by a vehicle and is committed by a person who is delivering goods to, or performing services for, the units owner, tenant or invitee of the units owner or tenant.
The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.
If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.
The association shall provide written notice to each units owner of a meeting at which an assessment for a capital improvement is to be considered or action is to be taken on such an assessment at least 21 calendar days before the date of the meeting.

(Added to NRS by 1991, 567 ; A 1993, 2371 ; 1995, 2230 ; 1997, 3119 , 3120 ;

1999, 3008 ; 2001, 2491 ; 2005, 2603 ; 2009, 1734 , 2805 ,

2892 ;

2011, 2447 ; 2017, 1993 )

NRS 116.311625

NRS

116.311625

Foreclosure of liens: Limitations, requirements and procedures applicable to servicemembers and their dependents; penalty; liability; tolling.

Notwithstanding any other provision of law and except as otherwise provided in subsection 2 or ordered by a court of competent jurisdiction, if a units owner or his or her successor in interest is a servicemember or, in accordance with subsection 3, a dependent of a servicemember, an association shall not initiate the foreclosure of a lien by sale during any period that the servicemember is on active duty or deployment or for a period of 1 year immediately following the end of such active duty or deployment.
The provisions of subsection 1 do not apply if a court determines that the ability of the servicemember or dependent of the servicemember to comply with the terms of the obligation secured by the lien of a unit-owners association is not materially affected by the servicemembers active duty or deployment.
Upon application to the court, a dependent of a servicemember is entitled to the protections provided to a servicemember pursuant to this section if the ability of the dependent to make payments required by a lien of a unit-owners association is materially affected by the servicemembers active duty or deployment.
An association shall:

(a) Inform each units owner or his or her successor in interest that if the person is a servicemember or a dependent of a servicemember, he or she may be entitled to certain protections pursuant to this section; and

(b) Give the person the opportunity to provide any information required to enable the association to verify whether he or she is entitled to the protections set forth in this section, including, without limitation, the social security number and date of birth of the person.

Before an association takes any action pursuant to paragraph (a) of subsection 4 of NRS 116.31162 , if information required to verify whether a units owner or his or her successor in interest is entitled to the protections set forth in this section:

(a) Has been provided to the association pursuant to subsection 4, the association must verify whether the person is entitled to the protections set forth in this section.

(b) Has not been provided to the association pursuant to subsection 4, the association must make a good faith effort to verify whether the person is entitled to the protections set forth in this section.

Any person who knowingly initiates the foreclosure of a lien by sale in violation of this section:

(a) Is guilty of a misdemeanor; and

(b) May be liable for actual damages, reasonable attorneys fees and costs incurred by the injured party.

In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated the foreclosure of the lien by sale.
Notwithstanding any other provision of law, any applicable statute of limitations or period within which a servicemember is required to submit proof of service that is prescribed by state law is tolled during the period of protection provided to a servicemember or dependent of a servicemember pursuant to this section.
As used in this section:

(a) Active duty means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211.

(b) Dependent has the meaning ascribed to it in 50 U.S.C. § 3911.

(c) Deployment means the movement or mobilization of a servicemember from his or her home station to another location for more than 90 days pursuant to military orders.

(d) Good faith effort means that an association acts honestly and fairly when trying to verify whether a units owner or his or her successor in interest is entitled to the protections set forth in this section, as evidenced by the following actions:

(1) The association informs the units owner or his or her successor in interest of the information required pursuant to paragraph (a) of subsection 4;

(2) The association makes reasonable efforts to give the units owner or his or her successor in interest the opportunity to provide any information required to enable the association to verify whether the person is entitled to the protections set forth in this section pursuant to paragraph (b) of subsection 4; and

(3) The association makes reasonable efforts to utilize all resources available to the association to verify whether the units owner or his or her successor in interest is a servicemember, including, without limitation, the Internet website maintained by the United States Department of Defense.

(e) Initiate the foreclosure of a lien by sale means to take any action in furtherance of foreclosure of a lien by sale after taking the actions set forth in paragraph (a) of subsection 4 of NRS 116.31162 .

(f) Military means the Armed Forces of the United States, a reserve component thereof or the National Guard.

(g) Servicemember means a member of the military.

(Added to NRS by 2017, 1118 )

NRS 116.311635

NRS

116.311635

Foreclosure of liens: Providing notice of time and place of sale; service of notice of sale; contents of notice of sale; proof of service.

The association or other person conducting the sale shall also, after the expiration of the 90-day period described in paragraph (c) of subsection 1 of NRS 116.31162 and before selling the unit, give notice of the time and place of the sale by recording the notice of sale and by:

(a) Posting a similar notice particularly describing the unit, for 20 days consecutively, in a public place in the county where the unit is situated;

(b) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the unit is situated;

(1) A copy of the notice of sale must be mailed, on or before the date of first publication or posting, by certified or registered mail, return receipt requested, to the units owner or his or her successor in interest at his or her address, if known, and to the address of the unit; and

(2) A copy of the notice of sale must be served, on or before the date of first publication or posting, in the manner set forth in subsection 2; and

(d) Mailing, on or before the date of first publication or posting, a copy of the notice by certified mail to:

(1) Each person entitled to receive a copy of the notice of default and election to sell notice under subsection 1 of NRS 116.31163 ;

(2) The holder of a security interest recorded before the mailing of the notice of sale, at the address of the holder that is provided pursuant to NRS 657.110

on the Internet website maintained by the Division of Financial Institutions of the Department of Business and Industry; and

(3) The Ombudsman.

In addition to the requirements set forth in subsection 1, a copy of the notice of sale must be served:

(a) By a person who is 18 years of age or older and who is not a party to or interested in the sale by personally delivering a copy of the notice of sale to an occupant of the unit who is of suitable age; or

(b) By posting a copy of the notice of sale in a conspicuous place on the unit.

Any copy of the notice of sale required to be served pursuant to this section must include:

(a) The amount necessary to satisfy the lien as of the date of the proposed sale; and

(b) The following warning in 14-point bold type:

WARNING! A SALE OF YOUR PROPERTY IS IMMINENT! UNLESS YOU PAY THE AMOUNT SPECIFIED IN THIS NOTICE BEFORE THE SALE DATE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE. YOU MUST ACT BEFORE THE SALE DATE. IF YOU HAVE ANY QUESTIONS, PLEASE CALL (name and telephone number of the contact person for the association). IF YOU NEED ASSISTANCE, PLEASE CALL THE FORECLOSURE SECTION OF THE OMBUDSMANS OFFICE, NEVADA REAL ESTATE DIVISION, AT (toll-free telephone number designated by the Division) IMMEDIATELY.

Proof of service of any copy of the notice of sale required to be served pursuant to this section must consist of:

(a) A certificate of mailing which evidences that the notice was mailed through the United States Postal Service; or

(b) An affidavit of service signed by the person who served the notice stating:

(1) The time of service, manner of service and location of service; and

(2) The name of the person served or, if the notice was not served on a person, a description of the location where the notice was posted on the unit.

(Added to NRS by 1993, 2355 ; A 2003, 2245 ; 2005, 2609 ; 2013, 3790 ; 2015, 1339 )

NRS 116.31166

NRS

116.31166

Foreclosure of liens: Title vested in purchaser subject to right of redemption; sale does not extinguish first security interest if superior amount of lien is satisfied; certificate of sale; exercise of right of redemption; deed without warranty; effect of recitals in deed; bona fide purchasers and bona fide encumbrancers for value.

Every sale of a unit pursuant to NRS 116.31162 to 116.31168 , inclusive, vests in the purchaser the title of the units owner subject to the right of redemption provided by this section. If the holder of the security interest described in paragraph (b) of subsection 2 of NRS 116.3116 satisfies the amount of the associations lien that is prior to its security interest not later than 5 days before the date of sale, the sale of the unit does not extinguish that security interest to any extent.
After the sale conducted pursuant to NRS 116.31164 , the person conducting the sale shall:

(a) Give to the purchaser a certificate of the sale containing:

(1) A particular description of the unit sold;

(2) The price bid for the unit;

(3) The whole price paid; and

(4) A statement that the unit is subject to redemption; and

(b) Record a copy of the certificate in the office of the county recorder of the county in which the unit or part of it is located.

A unit sold pursuant to NRS 116.31162 to 116.31168 , inclusive, may be redeemed by the units owner whose interest in the unit was extinguished by the sale, or his or her successor in interest, or any holder of a recorded security interest that is subordinate to the lien on which the unit was sold, or that holders successor in interest. The units owner whose interest in the unit was extinguished, the holder of the recorded security interest on the unit or a successor in interest of those persons may redeem the property at any time within 60 days after the sale by paying:

(a) The purchaser the amount of his or her purchase price, with interest at the rate of 1 percent per month thereon in addition, to the time of redemption, plus:

(1) The amount of any assessment, taxes or payments toward liens which were created before the purchase and which the purchaser may have paid thereon after the purchase, and interest on such amount;

(2) If the purchaser is also a creditor having a prior lien to that of the redemptioner, other than the associations lien under which the purchase was made, the amount of such lien, and interest on such amount; and

(3) Any reasonable amount expended by the purchaser which is reasonably necessary to maintain and repair the unit in accordance with the standards set forth in the governing documents, including, without limitation, any provisions governing maintenance, standing water or snow removal; and

(b) If the redemptioner is the holder of a recorded security interest on the unit or the holders successor in interest, the amount of any lien before his or her own lien, with interest, but the associations lien under which the unit was sold is not required to be so paid as a lien.

Notice of redemption must be served by the person redeeming the unit on the person who conducted the sale and on the person from whom the unit is redeemed, together with:

(a) If the person redeeming the unit is the units owner whose interest in the unit was extinguished by the sale or his or her successor in interest, a certified copy of the deed to the unit and, if the person redeeming the unit is the successor of that units owner, a copy of any document necessary to establish that the person is the successor of the units owner.

(b) If the person redeeming the unit is the holder of a recorded security interest on the unit or the holders successor in interest:

(1) An original or certified copy of the deed of trust securing the unit or a certified copy of any other recorded security interest of the holder.

(2) A copy of any assignment necessary to establish the claim of the person redeeming the unit, verified by the affidavit of that person, or that persons agent, or of a subscribing witness thereto.

(3) An affidavit by the person redeeming the unit, or that persons agent, showing the amount then actually due on the lien.

If the units owner whose interest in the unit was extinguished by the sale redeems the property as provided in this section:

(a) The effect of the sale is terminated, and the units owner is restored to his or her interest in the unit, subject to any security interest on the unit that existed at the time of sale; and

(b) The person to whom the redemption amount was paid must execute and deliver to the units owner a certificate of redemption, acknowledged or approved before a person authorized to take acknowledgments of conveyances of real property, and the certificate must be recorded in the office of the recorder of the county in which the unit or part of the unit is situated.

If the holder of a recorded security interest redeems the unit as provided in this section and the period for a redemption set forth in subsection 3 has expired, the person conducting the sale shall:

(a) Make, execute and, if the amount required to redeem the unit is paid to the person from whom the unit is redeemed, deliver to the person who redeemed the unit or his or her successor or assign, a deed without warranty which conveys to the person who redeemed the unit all title of the units owner to the unit; and

(b) Deliver a copy of the deed to the Ombudsman within 30 days after the deed is delivered to the person who redeemed the unit, or his or her successor or assign.

If no redemption is made within 60 days after the date of sale, the person conducting the sale shall:

(a) Make, execute and, if payment is made, deliver to the purchaser, or his or her successor or assign, a deed without warranty which conveys to the purchaser all title of the units owner to the unit; and

(b) Deliver a copy of the deed to the Ombudsman within 30 days after the deed is delivered to the purchaser, or his or her successor or assign.

The recitals in a deed made pursuant to subsection 6 or 7 of:

(a) Default, the mailing of the notice of delinquent assessment, and the mailing and recording of the notice of default and election to sell;

(b) The elapsing of the 90-day period set forth in paragraph (c) of subsection 1 of NRS 116.31162 ;

(d) The failure to pay the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116 before the expiration of the period described in paragraph (d) of subsection 1 of NRS 116.31162 ; and

(e) The recording of the affidavit required to be recorded pursuant to paragraph (e) of subsection 1 of NRS 116.31162 ,

Ê are conclusive proof of the matters recited.

A deed containing the recitals set forth in subsection 8 is conclusive against the units former owner, his or her heirs and assigns, and all other persons. The receipt for the purchase money contained in such a deed is sufficient to discharge the purchaser from obligation to see to the proper application of the purchase money.
Upon the expiration of the redemption period set forth in subsection 3, any failure to comply with the provisions of NRS 116.3116 to 116.31168 , inclusive, does not affect the rights of a bona fide purchaser or bona fide encumbrancer for value.

(Added to NRS by 1991, 570 ; A 1993, 2373 ; 2015, 1342 )

NRS 116.320

NRS

116.320

Right of units owners to display flag of the United States or of the State of Nevada in certain areas; conditions and limitations on exercise of right.

Except as otherwise provided in subsection 2, the executive board of an association shall not and the governing documents of that association must not prohibit a units owner from engaging in the display of the flag of the United States or of the State of Nevada within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.
The provisions of this section do not:

(a) Apply to the display of the flag of the United States or of the State of Nevada for commercial advertising purposes.

(b) Preclude an association from adopting, and do not preclude the governing documents of an association from setting forth, rules that reasonably restrict the placement and manner of the display of the flag of the United States or of the State of Nevada by a units owner.

In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorneys fees and costs.
As used in this section, display of the flag of the United States or of the State of Nevada means a flag of the United States or of the State of Nevada that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window;

(d) With regard to a flag of the State of Nevada, not larger than the size of a flag of the United States that is displayed, if at all, by a units owner.

Ê The term does not include a depiction or emblem of the flag of the United States or of the State of Nevada that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.

(Added to NRS by 2003, 2966 ; A 2015, 851 )—(Substituted in revision for NRS 116.31067)

NRS 116.41095

NRS

116.41095

Required form of information statement.

The information statement required by NRS 116.4103 and 116.4109 must be in substantially the following form:

BEFORE YOU PURCHASE PROPERTY IN A

COMMON-INTEREST COMMUNITY

DID YOU KNOW . . .

YOU GENERALLY HAVE 5 DAYS TO CANCEL THE PURCHASE AGREEMENT?

When you enter into a purchase agreement to buy a home or unit in a common-interest community, in most cases you should receive either a public offering statement, if you are the original purchaser of the home or unit, or a resale package, if you are not the original purchaser. The law generally provides for a 5-day period in which you have the right to cancel the purchase agreement. The 5-day period begins on different starting dates, depending on whether you receive a public offering statement or a resale package. Upon receiving a public offering statement or a resale package, you should make sure you are informed of the deadline for exercising your right to cancel. In order to exercise your right to cancel, the law generally requires that you hand deliver the notice of cancellation to the seller within the 5-day period, or mail the notice of cancellation to the seller by prepaid United States mail within the 5-day period. Alternatively, if you are not the original purchaser and received a resale package, you may deliver the notice of cancellation by electronic transmission to the seller within the 5-day period in order to exercise your right to cancel. For more information regarding your right to cancel, see Nevada Revised Statutes 116.4108, if you received a public offering statement, or Nevada Revised Statutes 116.4109, if you received a resale package.

YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?

These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions. The CC&Rs become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you. The CC&Rs, together with other governing documents (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by CC&Rs, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the CC&Rs, and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you. Certain provisions in the CC&Rs and other governing documents may be superseded by contrary provisions of chapter 116

of the Nevada Revised Statutes. The Nevada Revised Statutes are available at the Internet address http://www.leg.state.nv.us/nrs/ .

YOU WILL HAVE TO PAY OWNERS ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?

As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowners association. The obligation to pay these assessments binds you and every future owner of the property. Owners fees are usually assessed by the homeowners association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the common elements of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to provide adequate funding for reserves to repair, replace and restore common elements, you may be required to pay large, special assessments to accomplish these tasks.

IF YOU FAIL TO PAY OWNERS ASSESSMENTS, YOU COULD LOSE YOUR HOME?

If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the associations costs and attorneys fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.

YOU MAY BECOME A MEMBER OF A HOMEOWNERS ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?

Many common-interest communities have a homeowners association. In a new development, the association will usually be controlled by the developer until a certain number of units have been sold. After the period of developer control, the association may be controlled by property owners like yourself who are elected by homeowners to sit on an executive board and other boards and committees formed by the association. The association, and its executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community. Because homeowners sitting on the executive board and other boards and committees of the association may not have the experience or professional background required to understand and carry out the responsibilities of the association properly, the association may hire professional community managers to carry out these responsibilities.

Homeowners associations operate on democratic principles. Some decisions require all homeowners to vote, some decisions are made by the executive board or other boards or committees established by the association or governing documents. Although the actions of the association and its executive board are governed by state laws, the CC&Rs and other documents that govern the common-interest community, decisions made by these persons will affect your use and enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in the community. You may not agree with decisions made by the association or its governing bodies even though the decisions are ones which the association is authorized to make. Decisions may be made by a few persons on the executive board or governing bodies that do not necessarily reflect the view of the majority of homeowners in the community. If you do not agree with decisions made by the association, its executive board or other governing bodies, your remedy is typically to attempt to use the democratic processes of the association to seek the election of members of the executive board or other governing bodies that are more responsive to your needs. If you have a dispute with the association, its executive board or other governing bodies, you may be able to resolve the dispute through the complaint, investigation and intervention process administered by the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, the Nevada Real Estate Division and the Commission for Common-Interest Communities and Condominium Hotels. However, to resolve some disputes, you may have to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, you may have to file a lawsuit and ask a court to resolve the dispute. In addition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may be responsible for paying your share of the associations cost in defending against your claim.

YOU ARE REQUIRED TO PROVIDE PROSPECTIVE PURCHASERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?

The law requires you to provide a prospective purchaser of your property with a copy of the communitys governing documents, including the CC&Rs, association bylaws, and rules and regulations, as well as a copy of this document. You are also required to provide a copy of the associations current year-to-date financial statement, including, without limitation, the most recent audited or reviewed financial statement, a copy of the associations operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for the repair, replacement and restoration of common elements. You are also required to inform prospective purchasers of any outstanding judgments or lawsuits pending against the association of which you are aware. For more information regarding these requirements, see Nevada Revised Statutes 116.4109.

YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?

Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:

(a) To be notified of all meetings of the association and its executive board, except in cases of emergency.

(b) To attend and speak at all meetings of the association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.

(d) To inspect, examine, photocopy and audit financial and other records of the association.

(e) To be notified of all changes in the communitys rules and regulations and other actions by the association or board that affect you.

QUESTIONS?

Although they may be voluminous, you should take the time to read and understand the documents that will control your ownership of a property in a common-interest community. You may wish to ask your real estate professional, lawyer or other person with experience to explain anything you do not understand. You may also request assistance from the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels, Nevada Real Estate Division, at (telephone number).

Buyer or prospective buyers initials:_____

Date:_____

(Added to NRS by 1997, 3114 ; A 1999, 3013 ; 2003, 2248 ; 2005, 2616 ; 2007, 2269 ; 2009, 1738 ; 2017, 1308 )

NRS 116.793

NRS

116.793

Complaint for violation of fee provisions; procedure; fine for violation.

Notwithstanding the provisions of NRS 116.745 to 116.795 , inclusive, a person who is aggrieved by an alleged violation of subsection 6 of NRS 116.3102 or subsection 8 of NRS 116.4109 may file with the Division a written complaint that sets forth the facts constituting the alleged violation. The complaint may allege any actual damages suffered by the aggrieved person as a result of the alleged violation.
The Division shall:

(a) Review a complaint filed pursuant to subsection 1 in a timely manner.

(b) If circumstances warrant, issue to the person who is alleged to have committed the violation a notice requesting a written response and proof of corrective action, including, without limitation, the reimbursement of any excessive fees to the aggrieved person.

Failure to respond to a notice issued pursuant to paragraph (b) of subsection 2 within 30 days after receipt of the notice:

(a) Shall be deemed to be an admission of the violation; and

(b) Is punishable by an administrative fine in the amount of $250.

(Added to NRS by 2021, 1397 )

NRS 116.795

NRS

116.795

Injunctions.

If the Commission or the Division has reasonable cause to believe, based on evidence satisfactory to it, that any person violated or is about to violate any provision of this chapter, any regulation adopted pursuant thereto or any order, decision, demand or requirement of the Commission or Division or a hearing panel, the Commission or the Division may bring an action in the district court for the county in which the person resides or, if the person does not reside in this State, in any court of competent jurisdiction within or outside this State, to restrain or enjoin that person from engaging in or continuing to commit the violations or from doing any act in furtherance of the violations.
The action must be brought in the name of the State of Nevada. If the action is brought in a court of this State, an order or judgment may be entered, when proper, issuing a temporary restraining order, preliminary injunction or final injunction. A temporary restraining order or preliminary injunction must not be issued without at least 5 days notice to the opposite party.
The court may issue the temporary restraining order, preliminary injunction or final injunction without:

(a) Proof of actual damages sustained by any person.

(b) The filing of any bond.

(Added to NRS by 2003, 2217 ; A 2005, 2622 )

NRS 117.040

NRS

117.040

Incidents of grant.

Unless otherwise expressly provided in the deeds, declaration of restrictions or plan, the incidents of a condominium grant are as follows:

The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the buildings so described and the airspace so encompassed. The following are not part of the unit: Bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. In interpreting deeds and plans the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variances between boundaries shown on the plan or in the deed and those of the building.
The common areas are owned by the owners of the unit as tenants in common in equal shares, one for each unit.
A nonexclusive easement for ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements.
Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his or her own unit.

(Added to NRS by 1963, 127 )

NRS 118.105

NRS

118.105

Landlord may not refuse to rent dwelling because person with disability will reside with animal that provides assistance, support or service.

Except as otherwise provided in subsection 2, a landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS to a person with a disability solely because an animal will be residing with the prospective tenant in the dwelling if the animal assists, supports or provides service to the person with a disability.
A landlord may require proof that an animal assists, supports or provides service to the person with a disability. This requirement may be satisfied, without limitation, by a statement from a provider of health care that the animal performs a function that ameliorates the effects of the persons disability.

(Added to NRS by 1977, 1347 ; A 1981, 1915 ; 1987, 824 ; 1991, 1021 , 1981 ;

2003, 2975 ; 2005, 630 )

NRS 119.260

NRS

119.260

Orders to cease and desist; agreement with developer in lieu of issuance of order.

The Administrator may issue orders directing persons to desist and refrain from engaging in activities for which they are not licensed under this chapter or conducting activities in a manner not in compliance with the provisions of this chapter.
A person who has violated any of the provisions of this chapter shall not engage in any activity for which a license issued pursuant to this chapter is required after receiving an order in writing from the Administrator directing the person to desist and refrain from so doing.
Within 30 days after the receipt of such an order, the person may file a verified petition with the Administrator for a hearing.
The Administrator shall hold a hearing within 30 days after the petition has been filed. If the Administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the cease and desist order is rescinded.
If the decision of the Administrator after a hearing is against the person ordered to cease and desist, the person may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which the person conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the Administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the Administrator in making the decision.
In lieu of issuing an order to cease and desist, if the developer is conducting activities in a manner not in compliance with the provisions of this chapter, the Administrator may enter into an agreement with the developer in which the developer agrees to:

(a) Discontinue the activities that are not in compliance with this chapter;

(b) Pay all costs incurred by the Division in investigating the developers activities and conducting any necessary hearing; and

Ê Except as otherwise provided in NRS 239.0115 , the terms of such an agreement are confidential unless violated by the developer.

(Added to NRS by 1973, 1760 ; A 1985, 1409 ; 1995, 376 ; 2007, 2071 )

NRS 12.120

NRS

12.120

Unknown heirs to real property may be made parties; allegations and proof that names and residences of heirs are unknown.

In any action in which the title to real property situate in this state is involved in which the heir or heirs, or any thereof, of a deceased person may be necessary or proper party or parties defendant and the name or names and place or places of residence of which heir or heirs are unknown to the plaintiff or plaintiffs, such heir or heirs may be made a party or parties defendant by being described in the complaint and summons as the unknown heir or heirs of such deceased person, giving the name and last place of residence of such deceased person, with any further description that may be necessary to reasonably identify the deceased person.
In any such action the plaintiff or plaintiffs shall allege in the complaint, and prove at the trial, that diligent search and inquiry have been made by or in behalf of the plaintiff or plaintiffs to ascertain the name or names, and place or places of residence of such heir or heirs, without success, and that the same are and remain unknown to the plaintiff or plaintiffs.

[1911 CPA § 67; RL § 5009; NCL § 8566] + [1911 CPA § 68; RL § 5010; NCL § 8567]

NRS 122.040

NRS

122.040

Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; public records; expiration.

Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:

(a) In a county whose population is 700,000 or more may, at the request of the county clerk, designate not more than five branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.

(b) In a county whose population is less than 700,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicants name and age. The county clerk may accept as proof of the applicants name and age an original or certified copy of any of the following:

(a) A drivers license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.

(b) A passport.

(1) Any secondary document that contains the name and a photograph of the applicant; or

(2) Any document for which identification must be verified as a condition to receipt of the document.

Ê If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.

(d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.

(e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

(f) Any other document that provides the applicants name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required.

Except as otherwise provided in subsection 4, the county clerk issuing the license shall require each applicant to answer under oath each of the questions contained in the form of license. The county clerk shall, except as otherwise provided in this subsection, require each applicant to include the applicants social security number on the affidavit of application for the marriage license. If a person does not have a social security number, the person must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the applicants parents is unknown.
Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:

(a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.

(b) Include the applicants social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.

Ê If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.

When the authorization of a district court is required because the marriage involves a minor, the county clerk shall issue the license if that authorization is given to the county clerk in writing.
All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010 .
A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

[Part 5:33:1861; A 1867, 88 ; 1899, 47 ; 1919, 382 ; 1927, 49 ; 1947, 41 ; 1949, 91 ; 1943 NCL § 4053]—(NRS A 1959, 484 ; 1961, 332 ; 1975, 144 , 435 ;

1977, 280 ; 1979, 486 ; 1981, 678 ; 1985, 1211 ; 1987, 1419 ; 1991, 1866 ; 1993, 28 , 1230 ;

1997, 2287 , 3323 ;

1999, 547 ; 2007, 1053 ; 2009, 1503 ; 2011, 1146 , 2044 ;

2013, 341 , 3665 ;

2017, 1518 ; 2019, 3661 ; 2021, 571 ; 2023, 1307 )

NRS 122.062

NRS

122.062

Licensed, ordained or appointed ministers, other church or religious officials authorized to solemnize a marriage, notaries public, marriage officiants and chaplains of Armed Forces to obtain certificates from county clerk; temporary replacements; solemnization by minister or other authorized person who resides in another state or who is retired.

Any licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage in good standing within his or her church or religious organization, or either of them, incorporated, organized or established in this State, a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, or a marriage officiant may join together in marriage persons who present a marriage license obtained from any county clerk of the State, if the minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant first obtains or renews a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073 , inclusive. The fact that a minister or other church or religious official authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the minister or other church or religious official authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years.
A temporary replacement for a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073 , inclusive, may solemnize marriages pursuant to subsection 1 for a period not to exceed 90 days, if the requirements of this subsection are satisfied. The minister or other church or religious official authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective, and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.
Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the chaplain obtains a certificate of permission to perform marriages from the county clerk of the county in which his or her duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof of his or her military status as a chaplain and of his or her assignment.
A licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, a notary public or person who desires to be a marriage officiant may submit to the county clerk in the county in which a marriage is to be performed an application to perform a specific marriage in the county. The application must:

(a) Include the full names and addresses of the persons to be married;

(b) Include the date and location of the marriage ceremony;

(d) If the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, include verification that the applicant has satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064 ; and

(e) Be accompanied by an application fee of $25.

A county clerk may grant authorization to perform a specific marriage to a person who submitted an application pursuant to subsection 4 if the county clerk is satisfied that the minister or other church or religious official authorized to solemnize a marriage, whether he or she is active or retired, is in good standing with his or her church or religious organization or, in the case of a notary public, if the notary public is in good standing with the Secretary of State, and, if the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, that the applicant satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064 . The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. A person may not obtain more than five authorizations to perform a specific marriage pursuant to this section in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants to the same extent as if he or she had obtained a certificate of permission to perform marriages.

(Added to NRS by 1967, 1289 ; A 1969, 37 ; 1993, 1462 ; 1997, 2040 ; 1999, 520 , 541 ;

2009, 724 ; 2013, 1187 ; 2017, 757 , 1026 ;

2019, 452 )

NRS 122.066

NRS

122.066

Database of ministers, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants who have been issued certificate of permission to perform marriages; maintenance of database by Secretary of State; entry of certain information into database by county clerk; approval of application for or renewal of certificate; validity of certificate; expiration; removal of authority to solemnize marriage.

The Secretary of State shall establish and maintain a statewide database of ministers, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants who have been issued a certificate of permission to perform marriages or whose certificate has been renewed. The database must:

(a) Serve as the official list of ministers, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants approved to perform marriages in this State;

(b) Provide for a single method of storing and managing the official list;

(d) Be electronically secure and accessible to each county clerk in this State;

(e) Contain the name, mailing address and other pertinent information of each minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant as prescribed by the Secretary of State; and

(f) Include a unique identifier assigned by the Secretary of State to each minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant.

If the county clerk approves an application for a certificate of permission to perform marriages or for the renewal of a certificate, the county clerk shall:

(a) Enter all information contained in the application into the electronic statewide database of ministers, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants maintained by the Secretary of State not later than 10 days after the certificate of permission to perform marriages or the renewal of a certificate is approved by the county clerk; and

(b) Provide to the Secretary of State all information related to the minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant pursuant to paragraph (e) of subsection 1.

Upon approval of an application pursuant to subsection 2, the minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant:

(a) Shall comply with the laws of this State governing the solemnization of marriage and conduct of ministers, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants;

(b) Is subject to further review or investigation by the county clerk to ensure that he or she continues to meet the statutory requirements for a person authorized to solemnize a marriage; and

(c) Shall provide the county clerk with any changes to his or her status or information, including, without limitation, the address or telephone number of the church or religious organization, if applicable, or any other information pertaining to certification within 30 days after such a change. If a notary public to whom a certificate of permission to perform marriages has been issued or renewed changes his or her address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment in accordance with NRS 240.036 .

In addition to the circumstances set forth in this section in which a certificate of permission to perform marriages is no longer valid or expires, a county clerk may, in his or her discretion, establish a policy providing that a certificate of permission expires 5 years after the date it was issued or renewed. If a county clerk does not establish such a policy, the certificate of permission remains valid unless and until it becomes invalid or expires pursuant to this section.
A certificate of permission is valid until:

(a) If the certificate is issued to a minister or other church or religious official authorized to solemnize a marriage, the county clerk has received an affidavit of removal of authority to solemnize marriages pursuant to NRS 122.0665 or the certificate of permission is revoked pursuant to NRS 122.068 .

(b) If the certificate is issued to a notary public, the appointment as a notary public has expired or has been cancelled, revoked or suspended. If, after the expiration of his or her appointment, a notary public receives a new appointment, the notary public may reapply for a certificate of permission to perform marriages.

An affidavit of removal of authority to solemnize marriages that is received pursuant to paragraph (a) of subsection 5 must be sent to the county clerk within 5 days after the minister or other church or religious official authorized to solemnize a marriage ceased to be a member of the church or religious organization in good standing or ceased to be a minister or other church or religious official authorized to solemnize a marriage for the church or religious organization.
If the county clerk in the county where the certificate of permission was issued has reason to believe that:

(a) The minister or other church or religious official authorized to solemnize a marriage is no longer in good standing within his or her church or religious organization, or that he or she is no longer a minister or other church or religious official authorized to solemnize a marriage, or that such church or religious organization no longer exists;

(b) The notary public is no longer in good standing with the Secretary of State or that the appointment of the notary public has expired; or

Ê the county clerk may require satisfactory proof of the good standing of the minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant. If such proof is not presented within 15 days, the county clerk shall remove the certificate of permission by amending the electronic record of the minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant in the statewide database pursuant to subsection 1.

Except as otherwise provided in subsection 9, if any minister or other church or religious official authorized to solemnize a marriage to whom a certificate of permission has been issued severs ties with his or her church or religious organization or moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such severance or move, and the church or religious organization shall, within 5 days after the severance or move, file an affidavit of removal of authority to solemnize marriages pursuant to NRS 122.0665 . If the minister or other church or religious official authorized to solemnize a marriage voluntarily advises the county clerk of the county in which his or her certificate was issued of his or her severance with his or her church or religious organization, or that he or she has moved from the county, the certificate shall expire immediately upon such severance or move without any notification to the county clerk by the church or religious organization.
If any minister or other church or religious official authorized to solemnize a marriage, who is retired and to whom a certificate of permission has been issued, moves from the county in which his or her certificate was issued to another county in this State, the certificate remains valid until such time as the certificate otherwise expires or is removed or revoked as prescribed by law. The minister or other church or religious official authorized to solemnize a marriage must provide his or her new address to the county clerk in the county to which the minister or other church or religious official authorized to solemnize a marriage has moved.
If any notary public or marriage officiant to whom a certificate of permission has been issued or renewed moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such move.
The Secretary of State may adopt regulations concerning the creation and administration of the statewide database. This section does not prohibit the Secretary of State from making the database publicly accessible for the purpose of viewing ministers, other church or religious officials who are authorized to solemnize a marriage, notaries public or marriage officiants to whom a certificate of permission to perform marriages has been issued or renewed in this State.

(Added to NRS by 1967, 1290 ; A 1969, 92 ; 1971, 1550 ; 2009, 728 ; 2011, 1855 ; 2013, 1191 , 3668 ;

2017, 1030 )

NRS 122.170

NRS

122.170

Marriages between Indians consummated in accordance with tribal customs valid: Certificate of marriage; contents; recording.

Marriages between Indians heretofore or hereafter consummated in accordance with tribal custom have the same validity as marriages performed in any other manner provided for by the laws of the State of Nevada.
A certificate of any such marriage may be signed by:

(a) An official of the tribe of which at least one of the parties is a member;

(b) An official of the reservation or colony in or upon which at least one of the parties shall at the time reside; or

The certificate may be:

(a) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100 , filed in the office of the county clerk of the county where such marriage took place, and within 30 days thereafter; or

(b) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100 , recorded in the office of the recorder of the county where such marriage took place, and within 30 days thereafter,

Ê and such certificate or a certified copy thereof is prima facie evidence of the facts therein recited.

The certificate must give the names of the parties married, their ages, tribe, and the place and date of the marriage, and must show the official status of the person signing the same.
Any certificate, affidavit or other type of proof recognized by the United States, or any department thereof, as proof of a valid tribal marriage, regardless of when or where the tribal marriage was entered into, is proof of the validity of the tribal marriage in the State of Nevada.

[1:97:1945; 1943 NCL § 4072.03] + [2:97:1945; 1943 NCL § 4072.04] + [3:97:1945; 1943 NCL § 4072.05]—(NRS A 2007, 890 )

Commissioner of Civil Marriages

NRS 123.140

NRS

123.140

Inventory of separate property: Execution; recording; supplemental inventory.

A full and complete inventory of the separate property of a married person, exclusive of money, may be made out and signed by such person, acknowledged or proved in the manner required for the acknowledgment or proof of a conveyance of real property, and may be recorded, if such person is a resident of this State, in the office of the recorder of the county in which such person resides. If any real property lying in another county is included in a recorded inventory, then the inventory shall be also recorded in the office of the recorder of such other county.
If the married person is not a resident of this state, a recorded inventory shall be recorded in the office of the recorder of each county where any portion of the property, real or personal, is situated, located or used.
From time to time thereafter, a further and supplemental inventory may be made out, signed, acknowledged or proved, and recorded in like manner, of all other separate property afterward acquired by such married person, excepting money, and the rents, issues and profits of such persons separate property, included in the original or any subsequent inventory, if the same be in money.

[3:119:1873; B § 153; BH § 501; C § 512; RL § 2157; NCL § 3357]—(NRS A 1959, 9 ; 1975, 559 )

NRS 123.180

NRS

123.180

Property and earnings of minor children.

Any property acquired by a child by gift, bequest, devise or descent, with the rents, issues and profits thereof, is the childs own property, and neither parent is entitled to any interest therein.
The earnings and accumulations of earnings of a minor child are the community property of his or her parents unless relinquished to the child. Such relinquishment may be shown by written instrument, proof of a specific oral gift, or proof of a course of conduct.
When a married couple is living separate and apart the earnings and accumulations of earnings of their minor children, unless relinquished, are the separate property of the spouse who has their custody or, if no custody award has been made, then the separate property of the spouse with whom such children are living.

[14:119:1873; B § 164; BH § 512; C § 523; RL § 2168; NCL § 3368]—(NRS A 1975, 560 ; 2017, 762 )

NRS 125.110

NRS

125.110

What pleadings and papers open to public inspection; written request of party for sealing.

In any action for divorce, the following papers and pleadings in the action shall be open to public inspection in the clerks office:

(a) In case the complaint is not answered by the defendant, the summons, with the affidavit or proof of service; the complaint with memorandum endorsed thereon that the default of the defendant in not answering was entered, and the judgment; and in case where service is made by publication, the affidavit for publication of summons and the order directing the publication of summons.

(b) In all other cases, the pleadings, the finding of the court, any order made on motion as provided in Nevada Rules of Civil Procedure, and the judgment.

All other papers, records, proceedings and evidence, including exhibits and transcript of the testimony, shall, upon the written request of either party to the action, filed with the clerk, be sealed and shall not be open to inspection except to the parties or their attorneys, or when required as evidence in another action or proceeding.

[1:222:1931; 1931 NCL § 9467.03]—(NRS A 1963, 544 )

NRS 126.041

NRS

126.041

Establishment of relationship.

The parent and child relationship between a child and:

A woman may be established by:

(a) Except as otherwise provided in NRS 126.710 to 126.810 , inclusive, proof of her having given birth to the child;

(b) An adjudication of the womans maternity pursuant to this chapter, NRS 125B.150

or 130.402 or chapter 432B of NRS;

(d) An unrebutted presumption of the womans maternity;

(e) The consent of the woman to assisted reproduction pursuant to NRS 126.670 and

126.680 which resulted in the birth of the child; or

(f) An adjudication confirming the woman as a parent of a child born to a gestational carrier if the gestational agreement is enforceable under the provisions of NRS 126.710 to 126.810 , inclusive, or any other provision of law.

A man may be established:

(a) Under this chapter, NRS 125B.150 , 130.402 , or 425.382 to 425.3852 , inclusive, or chapter 432B of NRS;

(b) By proof of adoption of the child by the man;

126.680 which resulted in the birth of the child; or

(d) By an adjudication confirming the man as a parent of a child born to a gestational carrier if the gestational agreement was validated pursuant to the provisions of NRS 126.710 to 126.810 , inclusive, or other provision of law.

(Added to NRS by 1979, 1270 ; A 1983, 1867 ; 1997, 2303 ; 1999, 3570 ; 2009, 118 ; 2013, 812 ; 2015, 895 ; 2021, 146 )

PATERNITY GENERALLY

NRS 126.053

NRS

126.053

Voluntary acknowledgment of paternity or parentage.

After the expiration of the period described in subsection 2, a declaration for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the State Board of Health pursuant to NRS 440.285 shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the declaration is signed in this or any other state by the parents of the child. A declaration for the voluntary acknowledgment of paternity or a declaration for the voluntary acknowledgment of parentage that is signed pursuant to this subsection is not required to be ratified by a court of this State before the declaration is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.
A person who signs an acknowledgment of paternity or an acknowledgment of parentage in this State may rescind the acknowledgment:

(a) Within 60 days after the acknowledgment is signed by both persons; or

(b) Before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding,

Ê whichever occurs earlier.

After the expiration of the period during which an acknowledgment may be rescinded pursuant to subsection 2, the acknowledgment may not be challenged except upon the grounds of fraud, duress or material mistake of fact. The burden of proof is on the person challenging the acknowledgment to establish that the acknowledgment was signed because of fraud, duress or material mistake of fact.
Except upon a showing of good cause, a persons obligation for the support of a child must not be suspended during a hearing to challenge a voluntary acknowledgment of paternity or a voluntary acknowledgment of parentage.

(Added to NRS by 1997, 2301 ; A 2007, 1524 ; 2017, 245 )

ACTION TO DETERMINE PATERNITY

NRS 126.121

NRS

126.121

Tests for typing of blood or genetic identification; admissibility in court; effect of refusal to submit to test.

The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more tests for the typing of blood or taking of specimens for genetic identification to be made by a designated person, by qualified physicians or by other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever such a test is ordered and made, the results of the test must be received in evidence and must be made available to a judge, master or referee conducting a hearing pursuant to NRS 126.111 . The results of the test and any sample or specimen taken may be used only for the purposes specified in this chapter. Unless a party files a written objection to the result of a test at least 30 days before the hearing at which the result is to be received in evidence, the result is admissible as evidence of paternity without foundational testimony or other proof of authenticity or accuracy. The order for such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition or written interrogatories.
If any party refuses to submit to or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.
The court, upon reasonable request by a party, shall order that independent tests for determining paternity be performed by other experts or qualified laboratories.
In all cases, the court shall determine the number and qualifications of the experts and laboratories.
As used in this section:

(a) Designated person means a person who is:

(1) Properly trained to take samples or specimens for tests for the typing of blood and genetic identification; and

(2) Designated by an enforcing authority to take such samples or specimens.

(b) Enforcing authority means the Division of Welfare and Supportive Services of the Department of Health and Human Services, its designated representative, a district attorney or the Attorney General when acting pursuant to NRS 425.380 .

(Added to NRS by 1979, 1273 ; A 1991, 1337 ; 1995, 2418 ; 2007, 1525 )

NRS 126.193

NRS

126.193

Cause of action subsequent to issuance of order: Notice and service of process.

If, after a court issues an order establishing the paternity of a child, a subsequent cause of action between the parties concerning the support of the child is initiated, the requirements for notice and service of process shall be deemed to have been met with respect to a party to the proceeding who cannot be found if:

The party initiating the proceeding shows proof that diligent effort has been made to ascertain the location of the missing party; and
Written notice of the initiation of the proceeding has been mailed to the mailing address of the missing party or the address of the missing partys employer as those addresses appear in the information required to be filed pursuant to subsection 2 of NRS 126.163 .

(Added to NRS by 1997, 2303 ; A 2005, 249 )

NRS 126.223

NRS

126.223

Entry of default upon failure to plead or defend in action.

If a man who is alleged to be the father of a child in an action brought pursuant to this chapter fails to plead or otherwise defend against the action as provided in the Nevada Rules of Civil Procedure, the clerk of the court shall enter his default upon a showing of proof of service of process and any other showing required pursuant to the Nevada Rules of Civil Procedure.

(Added to NRS by 1997, 2302 )

ACTION TO DETERMINE MATERNITY

NRS 127.040

NRS

127.040

Written consent to adoption or for relinquishment to authorized agency: Acknowledgment; when consent required.

Except as provided in NRS 127.090 , written consent to the specific adoption proposed by the petition or for relinquishment to an agency authorized to accept relinquishments acknowledged by the person or persons consenting, is required from:

(a) Each legal parent who is alive; and

(b) Any legal guardian of the person of the child appointed by a court of competent jurisdiction.

Consent is not required of a parent who has been adjudged insane for 2 years if the court is satisfied by proof that such insanity is incurable.

[4:332:1953]—(NRS A 1957, 11 ; 1971, 835 ; 1979, 1282 ; 2021, 3405 )

NRS 127.115

NRS

127.115

Additional contents of petition relating to whether there is reason to know child is Indian child.

In addition to the requirements set forth in NRS 127.110 , a petition for adoption of a child must contain:

(a) A declaration under penalty of perjury and documentation, as described by the regulations adopted by the Division pursuant to NRS 127.1867 , of the petitioners good faith efforts described in subsection 1 of NRS 125E.210 , to determine whether there is reason to know that the child is an Indian child;

(b) A statement as to whether the petitioner has reason to know that the child is an Indian child; and

(1) A declaration under penalty of perjury and documentation, as described by the regulations adopted by the Division pursuant to NRS 127.1867 , showing that the proposed adoptive placement complies with the requirements under NRS 125E.350 ; or

(2) A statement that the petitioner is moving the court under subsection 3 of NRS 125E.350 for a finding, by clear and convincing evidence, that good cause exists for alternative adoptive placement and a statement describing the details supporting the assertion of the petitioner that good cause exists for the alternative placement, as described in subsection 3 of NRS 125E.350 .

A petition for adoption of a child must, if applicable, request the following:

(a) A finding that the petitioner complied with the inquiry requirements under subsection 1 of NRS 125E.210 ;

(b) A finding of whether there is reason to know that the child is an Indian child; and

(1) The determinations required under NRS 125E.250 regarding the Indian childs residence, domicile and wardship status;

(2) A finding that the petitioner complied with the notice requirements under subsection 2 of NRS 125E.220 ; and

(3) A finding that the adoptive placement complies with the placement preferences under NRS 125E.350 or, if not, that upon the petitioners motion under subsection 3 of NRS 125E.350 , good cause exists for placement contrary to the placement preferences in NRS 125E.350 .

If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall:

(a) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under subsection 3 of NRS 125E.220 , to:

(1) Each tribe of which the Indian child may be a member or in which the Indian child may be eligible for membership;

(2) The appropriate Regional Director of the United States Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the identity or location of the childs parents, Indian custodian or tribe cannot be ascertained; and

(3) The appropriate agency which provides child welfare services.

(b) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service.

(Added to NRS by 2023, 2246 )

NRS 127.1863

NRS

127.1863

Provision of notice upon order or decree of adoption of Indian child being vacated; waiver of notice; revocation of waiver; intervention by and return of child to former parent or prior Indian custodian; transition plan.

If an order or decree of adoption of an Indian child under this chapter is vacated, the court vacating the order or decree must notify, by registered or certified mail with return receipt requested, the Indian childs former parents, prior Indian custodian, if any, and Indian tribe and the appropriate agency which provides child welfare services.
The notice required under subsection 1 must:

(a) Include the Indian childs current name and any former names as reflected in the court record;

(b) Inform the recipient of the right to move the court for the return of custody of and restoration of parental rights to the Indian child, if appropriate, under this section;

(d) Be sent to the last known address in the court record.

An Indian childs former parent or prior Indian custodian may waive notice under this section by executing a waiver of notice in person before the court and filing the waiver with the court. The waiver must clearly set out any conditions to the waiver. Before the execution of the waiver, the court must explain to the former parent or prior Indian custodian, on the record in detail and in the language of the former parent or prior Indian custodian:

(a) The former parents right to legal counsel, if applicable;

(b) The terms and consequences of the waiver; and

After execution of the waiver pursuant to subsection 3, the court shall certify that it provided the explanation as required under subsection 3 and that the former parent or prior Indian custodian fully understood the explanation.
At any time before the entry of an order or decree of adoption of an Indian child, the former parent or prior Indian custodian may revoke a waiver executed by the former parent or prior Indian custodian pursuant to subsection 3 by filing a written revocation with the court or by making a statement of revocation on the record in a proceeding for the adoption of the Indian child.
If an order or decree of adoption of an Indian child under this chapter is vacated other than as provided in NRS 125E.360 , an Indian childs former parent or prior Indian custodian may intervene in the proceeding and move the court for the Indian child to be returned to the custody of the former parent or prior Indian custodian and for the parental rights to the Indian child to be restored. The moving party shall provide by registered or certified mail, return receipt requested, notice of the motion for the Indian child to be returned to the custody of the former parent or prior Indian custodian and the time set for filing objections to the motion, together with notice of proceeding in the form required under subsection 3 of NRS 125E.220 to:

(a) The agency which provides child welfare services in the county in which the order was vacated;

(b) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;

(d) The childs Indian custodian, if applicable; and

(e) The appropriate Regional Director of the United States Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the identity or location of the childs parents cannot be ascertained.

Ê The petitioner shall file a declaration of compliance, including a copy of each notice sent under this subsection, together with any return receipts or other proof of service.

Upon the filing of an objection to a motion made pursuant to subsection 6, the court shall fix the time for hearing on objections.
The court shall order the Indian child to be returned to the custody of the former parent or prior Indian custodian or restore the parental rights to the Indian child unless the court finds, by clear and convincing evidence, that the return of custody or restoration of parental rights is not in the childs best interests, as described in NRS 125E.230 . If the court orders the Indian child to be returned to the custody of the former parent or prior Indian custodian, the courts order must include a transition plan for the physical custody of the child, which may include protective supervision.
As used in this section:

(a) Former parent means a person who was previously the legal parent of an Indian child subject to an order or decree of adoption under this chapter and whose parental rights have not been restored under NRS 127.1861 .

(b) Prior Indian custodian means a person who was previously the custodian of an Indian child subject to an order or decree of adoption of the child under this chapter.

(Added to NRS by 2023, 2248 )

NRS 128.150

NRS

128.150

Termination of parental rights of father when child becomes subject of adoption.

If a mother relinquishes or proposes to relinquish for adoption a child who has:

(a) A presumed father pursuant to NRS 126.051 ;

(b) A father whose relationship to the child has been determined by a court; or

(c) A father as to whom the child is a legitimate child under chapter 126 of NRS, under prior law of this State or under the law of another jurisdiction,

Ê and the father has not consented to the adoption of the child or relinquished the child for adoption, a proceeding must be brought pursuant to this chapter and a determination made of whether a parent and child relationship exists and, if so, if it should be terminated.

If a mother relinquishes or proposes to relinquish for adoption a child who does not have:

(a) A presumed father pursuant to NRS 126.051 ;

(b) A father whose relationship to the child has been determined by a court;

(c) A father as to whom the child is a legitimate child under chapter 126 of NRS, under prior law of this State or under the law of another jurisdiction; or

(d) A father who can be identified in any other way,

Ê or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having custody of the child, shall file a petition in the district court to terminate the parental rights of the father, unless the fathers relationship to the child has been previously terminated or determined not to exist by a court.

In an effort to identify and protect the interests of the natural father, the court which is conducting a proceeding pursuant to this chapter shall cause inquiry to be made of the mother and any other appropriate person. The inquiry must include the following:

(a) Whether the mother was married at the time of conception of the child or at any time thereafter.

(b) Whether the mother was cohabiting with a man at the time of conception or birth of the child.

(c) Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.

(d) Whether any man has formally or informally acknowledged or declared his possible paternity of the child.

If, after the inquiry, the natural father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each must be given notice of the proceeding in accordance with subsection 6 or with this chapter, as applicable. If any of them fails to appear or, if appearing, fails to claim custodial rights, such failure constitutes abandonment of the child. If the natural father or a man representing himself to be the natural father, claims custodial rights, the court shall proceed to determine custodial rights.
If, after the inquiry, the court is unable to identify the natural father or any possible natural father and no person has appeared claiming to be the natural father and claiming custodial rights, the court shall enter an order terminating the unknown natural fathers parental rights with reference to the child. Subject to the disposition of any appeal, upon the expiration of 6 months after an order terminating parental rights is issued under this subsection, or this chapter, the order cannot be questioned by any person in any manner or upon any ground, including fraud, misrepresentation, failure to give any required notice or lack of jurisdiction of the parties or of the subject matter.
Notice of the proceeding must be given to every person identified as the natural father or a possible natural father in the manner provided by law and the Nevada Rules of Civil Procedure for the service of process in a civil action, or in any manner the court directs. Proof of giving the notice must be filed with the court before the petition is heard.

(Added to NRS by 1979, 1277 ; A 2007, 1526 )

NRS 129.030

NRS

129.030

Consent for provision of certain examinations and services; demonstration of living apart from parents or legal guardian.

Except as otherwise provided in NRS 450B.525 , a minor may give consent for an examination or the services provided in subsection 3 for himself or herself or for his or her child, if the minor:

(a) Demonstrates in accordance with subsection 2 that he or she is living apart from his or her parents or legal guardian, with or without the consent of the parent, parents or legal guardian;

(b) Is married or has been married;

(d) Is, in the judgment of a provider of health care, in danger of suffering a serious health hazard if health care services are not provided.

A minor may demonstrate that he or she is living apart from his or her parents or legal guardian pursuant to paragraph (a) of subsection 1 by providing to the person from whom an examination or services are requested documentary proof that he or she is living apart from his or her parents or legal guardian. Such documentary proof may include, without limitation:

(a) A written statement affirming that the minor is living separately from his or her parents or legal guardian signed by:

(1) A director of a governmental agency or nonprofit organization that provides services to persons who are experiencing homelessness or the designee of the director of such an agency or organization;

(2) A school social worker, a school counselor or a person designated as a local educational agency liaison for homeless children and youths pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii); or

(3) An attorney representing the minor in any manner;

(b) Documentation that the minor has been placed in protective custody; or

Except as otherwise provided in subsection 5 and NRS 449A.551 and 450B.525 , the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed provider of health care or public or private hospital to examine or provide physical, behavioral, dental or mental health services for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or services and the probable outcome, and voluntarily requests the proposed examination or services. The consent of the minor to examination or services pursuant to this subsection is not subject to disaffirmance because of minority.
A person who provides an examination or services to a minor pursuant to subsection 3 shall, before initiating the examination or services, make prudent and reasonable efforts to obtain the consent of the minor to communicate with his or her parent, parents or legal guardian, and shall make a note of such efforts in the record of the minors care. If the person believes that such efforts would jeopardize the examination or services necessary to the minors life or necessary to avoid a serious and immediate threat to the minors health, the person may omit such efforts and note the reasons for the omission in the record. The person shall not delay or deny the examination or services because the minor refuses to consent to communication with his or her parent, parents or legal guardian.
A minor may not consent to his or her sterilization.
In the absence of professional negligence, no person providing an examination or services pursuant to subsection 3 is subject to civil or criminal liability for providing that examination or those services.
The parent, parents, legal guardian or custodian of a minor who receives an examination or services pursuant to subsection 3 are not liable for the payment for that examination or those services unless the parent, parents, legal guardian or custodian has consented to the examination or services. The provisions of this subsection do not relieve a parent, parents, legal guardian or custodian from liability for payment for emergency services provided to a minor pursuant to NRS 129.040 .
As used in this section:

(a) Custodian has the meaning ascribed to it in

NRS 432B.060 .

(b) Professional negligence has the meaning ascribed to it in NRS 41A.015 .

(Added to NRS by 1965, 170 ; A 1971, 1334 ; 1973, 25 , 1521 ;

1975, 1475 ; 1977, 185 ; 1981, 1164 ; 2001, 820 ; 2013, 2293 ; 2021, 521 )

NRS 130.707

NRS

130.707

Contest of registered Convention support order.

Except as otherwise provided in NRS 130.7011 to 130.713 , inclusive, NRS 130.605 to 130.608 , inclusive, apply to a contest of a registered Convention support order.
A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection 2, the order is enforceable.
A contest of a registered Convention support order may be based only on grounds set forth in NRS 130.708 . The contesting party bears the burden of proof.
In a contest of a registered Convention support order, a tribunal of this State:

(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(b) May not review the merits of the order.

A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.

(Added to NRS by 2009, 122 ; A 2015, 895 )

NRS 133.340

NRS

133.340

Affidavit required upon creation of certified paper original of electronic will; certification of revocation after electronic revocation of will.

A qualified custodian may cause an electronic will to be converted into a certified paper original of the electronic will under the following circumstances:

(a) At the direction of the testator; or

(b) Except as otherwise provided in subsection 9, with 30 days written notice to the testator that the qualified custodian intends to convert the electronic will into a certified paper original.

An electronic will may be converted into a certified paper original by creating a tangible document that contains the following:

(a) The text of the electronic will; and

(b) An affidavit satisfying the requirements of subsections 3, 4 and 5, as applicable.

A qualified custodian converting an electronic will into a certified paper original shall state all of the following in an affidavit:

(a) That the qualified custodian is not a person described in paragraph (a) of subsection 1 of NRS 133.320 ;

(b) That the qualified custodian is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity pursuant to subsection 2 or 4 of NRS 133.310 ;

(d) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will, and has not been altered since the time it was created;

(e) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will;

(f) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will; and

(g) That the records described in paragraph (c) of subsection 1 of NRS 133.320 are in the custody of the qualified custodian.

In addition to the statements required pursuant to subsection 3, a qualified custodian converting a self-proving electronic will to a certified paper original shall state all of the following in the affidavit:

(a) That the declaration or affidavits of the attesting witnesses satisfying the requirements of NRS 133.050 were created at the time the testator executed the electronic will and were incorporated as part of, attached to or logically associated with the electronic will as required pursuant to NRS 133.086 ;

(b) That the declarations or affidavits of the attesting witnesses have been in the possession of a qualified custodian since the execution of the electronic will and have not been altered since the time they were created;

(c) The identity of all qualified custodians who have had possession of the declarations or affidavits of the attesting witnesses since their creation; and

(d) That the certified paper original contains a true, correct and complete tangible manifestation of the original declarations or affidavits of the attesting witnesses.

If the electronic will has not always been under the custody of a qualified custodian, the person who discovered the electronic will may cause the electronic will to be converted into a certified paper original by creating a tangible document that contains the following:

(a) The text of the electronic will; and

(b) An affidavit that states, to the best of the persons knowledge:

(1) When the electronic will was created, if not indicated in the electronic will;

(2) When, how and by whom the electronic will was discovered;

(3) The identities of each person who has had access to the electronic will;

(4) The method in which the electronic will was stored and the safeguards in place to prevent alterations to the electronic will;

(5) Whether the electronic will has been altered since its execution; and

(6) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.

For purposes of making an affidavit pursuant to subsection 3, 4 or 5, the person making the affidavit may rely conclusively on any affidavits delivered by a predecessor qualified custodian.
If a testator has revoked a will through an electronic record, the qualified custodian may convert the electronic revocation into a certification of revocation by creating:

(a) A certified paper original of the electronic will; and

(b) A tangible document that contains the following:

(1) The text of the electronic revocation; and

(2) An affidavit stating:

(I) That an electronic record was created at the time the testator revoked the will;

(II) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic revocation, and has not been altered since the time it was created;

(III) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic revocation;

(IV) That the certified paper original is a true, correct and complete tangible manifestation of the electronic revocation; and

(V) That the records described in paragraph (c) of subsection 1 of NRS 133.320

pertaining to the electronic revocation are presently in the custody of the qualified custodian.

A certified paper original of an electronic will satisfying the requirements of subsection 2 or 5, as applicable, may be offered for and admitted into probate in the same manner as if it were an original will. A certified paper original of an electronic will is presumed to be valid and, absent any objection, must be admitted to probate expeditiously without requiring further proof of validity.
Before the expiration of the 30 days after the qualified custodian gives notice to the testator of the qualified custodians intent to convert the electronic will into a certified paper original pursuant to paragraph (b) of subsection 1, if the testator objects to the conversion and designates a successor qualified custodian in accordance with NRS 133.310 , the qualified custodian shall not convert the electronic will into a certified paper original and shall instead comply with paragraph (b) of subsection 2 of NRS 133.310 .

(Added to NRS by 2017, 3438 ; A 2021, 966 )

NRS 136.140

NRS

136.140

Proof of notice; witnesses to testify orally.

At the time appointed, or at any other time to which the hearing may be continued, upon proof being made by affidavit or otherwise to the satisfaction of the court that notice has been given as required by this chapter, the court shall proceed to hear the testimony in proof of the will.
All witnesses who appear and are sworn shall testify orally.

[15:107:1941; 1931 NCL § 9882.15]

NRS 136.160

NRS

136.160

Proof of will by affidavits of attesting witnesses.

Any or all of the attesting witnesses to any will may, after the death of the testator and at the request of the executor or any interested person, make and sign an affidavit stating such facts as a witness would be required to testify to in court to prove the will. The sworn statement of any witness so taken must be accepted by the court as if it had been taken before the court.
The affidavit described in subsection 1 may be substantially in form as set forth in NRS 133.050 .

[Part 1:21:1953] + [Part 2:21:1953]—(NRS A 1985, 1213 ; 1999, 2265 )

NRS 136.170

NRS

136.170

Proof of will when subscribing witnesses are unavailable.

If it appears to the court that a will cannot be proven as otherwise provided by law because one or more or all the subscribing witnesses to the will, at the time the will is offered for probate, are dead or mentally or physically incapable of testifying or otherwise unavailable, the court may admit the will to probate upon the testimony in person, by deposition or by affidavit of at least two credible disinterested persons that the signature to the will is genuine, or upon other sufficient proof that the signature is genuine.
The provisions of subsection 1 do not preclude the court, in its discretion, from requiring in addition, the testimony in person, by deposition or by affidavit of any available subscribing witness, or proof of such other pertinent facts and circumstances as the court deems necessary to admit the will to probate.

[1:192:1945; 1943 NCL § 9931.01]—(NRS A 1975, 1767 ; 1999, 2265 ; 2003, 2509 )

NRS 136.180

NRS

136.180

Proof of will by copy.

If the will of a person is detained beyond the jurisdiction of the State, in a court of any other state, country or jurisdiction, and cannot be produced for probate in this State, a copy of the will may be admitted to probate in this State in lieu thereof and has the same force and effect as would be required if the original will were produced.
Unless otherwise ordered by the court, a subscribing witness may testify in person, by deposition or by affidavit with respect to a copy of the executed will, and with respect to the handwriting of the affiant as a witness, or the handwriting of the testator or another witness, in the same way as he or she would if the original will were available.

[29:107:1941; 1931 NCL § 9882.29]—(NRS A 1983, 199 ; 1999, 2265 )

NRS 136.185

NRS

136.185

Proof of electronic will.

An electronic will executed or deemed to be executed in or pursuant to the laws of this State may be proved and letters granted in the county in which the decedent was a resident at the time of his or her death or the domicile or registered office of the qualified custodian exists.
A certified paper original of an electronic will may be offered for and admitted to probate in the same manner as if it were a will executed in accordance with NRS 133.040 .
A certified paper original of an electronic will that is self-proving pursuant to NRS 133.086 is presumed to be valid and, absent any objection, must be admitted to probate expeditiously without requiring any further proof of validity.
An electronic will that is executed or deemed to be executed in or pursuant to the laws of another state in accordance with the laws of the other state or of this State is a valid electronic will in this State.

(Added to NRS by 2001, 2343 ; A 2017, 3443 )

NRS 136.230

NRS

136.230

Jurisdiction of court to take proof of execution and validity of lost or destroyed will.

If a will is lost by accident or destroyed by fraud without the knowledge of the testator, the court may take proof of the execution and validity of the will and establish it, after notice is given to all persons, as prescribed for proof of wills in other cases.

[34:107:1941; 1931 NCL § 9882.34]—(NRS A 1999, 2266 )

NRS 136.240

NRS

136.240

Petition for probate; same requirement of proof as other wills; testimony of witnesses; rebuttable presumption concerning certain wills; prima facie showing that will was not revoked; order.

The petition for the probate of a lost or destroyed will must include a copy of the will, or if no copy is available state, or be accompanied by a written statement of, the testamentary words, or the substance thereof.
If offered for probate, a lost or destroyed will must be proved in the same manner as other wills are proved under this chapter.
In addition, no will may be proved as a lost or destroyed will unless its provisions are clearly and distinctly proved by two or more credible witnesses and it is:

(a) Proved to have been in legal existence at the death of the person whose will it is claimed to be and has not otherwise been revoked or destroyed without the knowledge, consent or ratification of such person; or

(b) Shown to have been fraudulently destroyed in the lifetime of that person.

The testimony of each witness must be reduced to writing, signed by the witness and filed, and is admissible in evidence in any contest of the will if the witness has died or permanently moved from the State.
Notwithstanding any provision of this section to the contrary:

(a) The production of a persons lost or destroyed will, whose primary beneficiary is a nontestamentary trust established by the person and in existence at his or her death, creates a rebuttable presumption that the will had not been revoked.

(b) The production of a copy of a persons lost or destroyed will, whose provisions are clearly and distinctly proved by two or more credible witnesses, creates a rebuttable presumption that the will had not been revoked.

(c) A person may overcome the presumption set forth in paragraph (a) or (b) only by proving by a preponderance of the evidence that the person whose will it is claimed to be destroyed the will with the intent to revoke the will before his or her death. In the absence of such evidence:

(1) The lost or destroyed will must be admitted to probate; and

(2) The court shall accept a copy of such a will as sufficient proof of the terms thereof without requiring further evidence.

(d) For a lost or destroyed will to which the presumption set forth in paragraph (a) or (b) does not apply, if the proponent of a lost or destroyed will makes a prima facie showing that it was more likely than not left unrevoked by the person whose will it is claimed to be before his or her death, then the will must be admitted to probate in absence of an objection. If such prima facie showing has been made, the court shall accept a copy of such a will as sufficient proof of the terms thereof without requiring further evidence in the absence of any objection.

If the will is established, its provisions must be set forth specifically in the order admitting it to probate, or a copy of the will must be attached to the order.

[35:107:1941; 1931 NCL § 9882.35]—(NRS A 1999, 2266 ; 2009, 1624 ; 2017, 1673 ; 2019, 1853 )

NRS 137.040

NRS

137.040

Evidence of execution.

If the will is contested, all the subscribing witnesses who are present in the county and who are of sound mind must be produced and examined, or the death, absence or incapacity of any of them must be satisfactorily shown to the court. If none of the subscribing witnesses resides in the county, and the evidence of none of them can be produced, the court may admit the evidence of other witnesses to prove the due execution of the will and, as evidence of the execution, it may admit proof of the handwriting of the testator and of any of the subscribing witnesses.

[19:107:1941; 1931 NCL § 9882.19]—(NRS A 1999, 2269 )

NRS 137.050

NRS

137.050

Verdict and judgment.

The jury must return a special verdict upon the issues submitted to them by the court; and upon the verdict, or upon the proof taken if a jury is waived, the court must render judgment, either admitting the will to probate or rejecting it.

[Part 18:107:1941; 1931 NCL § 9882.18]

NRS 137.060

NRS

137.060

Order admitting will to probate.

If the court is satisfied upon the proof taken when heard by the court, or by the verdict of a jury if a jury is had, that the will was duly executed by the testator, who was at the time of sound and disposing mind and not under duress, menace, undue influence or fraudulent representation, the court, by order in writing, shall admit the will to probate.

[20:107:1941; 1931 NCL § 9882.20]—(NRS A 1999, 2269 )

NRS 137.080

NRS

137.080

Persons qualified to contest will; filing of petition.

After a will has been admitted to probate, any interested person other than a party to a contest before probate or a person who had actual notice of the previous contest in time to have joined therein may, at any time within 3 months after the order is entered admitting the will to probate, contest the admission or the validity of the will. The contestant must file with the court in which the will was proved a petition containing the allegations of the contestant against the validity of the will or against the sufficiency of the proof, and requesting that the probate be revoked.

[22:107:1941; 1931 NCL § 9882.22]—(NRS A 1999, 2269 )

NRS 138.020

NRS

138.020

Qualifications of executor; letters with will annexed.

No person is qualified to serve as an executor who, at the time the will is probated:

(a) Is under the age of majority;

(b) Has been convicted of a felony, unless the court determines that such a conviction should not disqualify the person from serving in the position of an executor;

(c) Upon proof, is adjudged by the court disqualified to execute the duties of executor by reason of conflict of interest, drunkenness, improvidence, lack of integrity or understanding or other compelling reason; or

(d) Is a bank not authorized to do business in the State of Nevada, unless it associates as coexecutor a bank authorized to do business in this State. An out-of-state bank is qualified to appoint a substitute executor, pursuant to NRS 138.045 , without forming such an association, but any natural person so appointed must be a resident of this State.

If a disqualified person is named as the sole executor in a will, or if all persons so named are disqualified or renounce their right to act, or fail to appear and qualify, letters of administration with the will annexed must issue.

[38:107:1941; 1931 NCL § 9882.38]—(NRS A 1969, 1198 ; 1971, 148 ; 1975, 1767 ; 1995, 496 ; 1999, 2270 ; 2003, 2509 , 2690 ;

2009, 1625 ; 2015, 3527 )

NRS 139.010

NRS

139.010

Qualifications.

No person is entitled to letters of administration if the person:

Is under the age of majority;
Has been convicted of a felony, unless the court determines that such a conviction should not disqualify the person from serving in the position of an administrator;
Upon proof, is adjudged by the court disqualified by reason of conflict of interest, drunkenness, improvidence, lack of integrity or understanding or other compelling reason;
Is not a resident of the State of Nevada, unless the person:

(a) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or

(b) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment; or

Is a banking corporation that is not authorized to do business in this State, unless the banking corporation:

(a) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or

[53:107:1941; 1931 NCL § 9882.53]—(NRS A 1960, 347 ; 1969, 1199 ; 1999, 2272 ; 2001, 2344 ; 2003, 2691 ; 2009, 1626 ; 2015, 3528 )

NRS 139.130

NRS

139.130

Entry in minutes or written order conclusive evidence of notice.

An entry in the minutes or in the written order appointing the administrator that proof was made and that notice had been given according to law is conclusive evidence of the fact of such notice.

[59:107:1941; 1931 NCL § 9882.59]—(NRS A 1999, 2274 )

AGREEMENTS FOR RECOVERY OF PROPERTY

NRS 139.150

NRS

139.150

Procedure.

If a petition for revocation is filed, notice must be given as in the case of an original petition, and the petitioner shall serve a citation on the administrator to appear and answer the petition at the time appointed for the hearing. The citation must be served on the administrator in accordance with NRS 155.050

at least 10 days before the date of the hearing.

At the time appointed, upon proof that the citation, together with a copy of the petition, has been duly served and notice given as required in subsection 1, the court shall take evidence upon the petition, and if the right of the petitioner is established, and the petitioner is qualified, letters of administration must be granted to him or her and the letters of the former administrator revoked. The former administrator shall promptly file an accounting in accordance with NRS 150.080 .

[63:107:1941; 1931 NCL § 9882.63]—(NRS A 1999, 2275 )

NRS 14.025

NRS

14.025

Certain requirements for proof of service of process filed with court.

In addition to any other requirements set forth by law, a proof of service of process filed with a court of competent jurisdiction in Nevada must include:

(a) The name, residential or business address and telephone number of the person who performed the service of process;

(b) The date and time that the legal process was served;

(d) If practicable, the name of the person who was personally served or a physical description of that person; and

(e) A notation of:

(1) The license number of the process server or the registration number of the employee of a licensed process server who performed the service of process; or

(2) The reason why the person who performed the service of process was not required to be licensed under chapter 648 of NRS or another provision of law.

A proof of service that does not include the information required by subsection 1 may be construed as legally insufficient by a court of competent jurisdiction.
As used in this section, process server has the meaning ascribed to it in NRS 648.014 .

(Added to NRS by 2011, 130 )

NRS 14.027

NRS

14.027

Effect of filing service of process by unlicensed process server.

If a person who is not licensed as a process server pursuant to chapter 648 of NRS files a proof of service of process with a court of competent jurisdiction in violation of NRS 648.1655 , the proof of service of process must be treated as legally insufficient by the court and any resulting judgment based upon the proof of service of process is void.
As used in this section, process server has the meaning ascribed to it in NRS 648.014 .

(Added to NRS by 2011, 130 )

NRS 142.020

NRS

142.020

Requirement of bond discretionary with court; proof of blocked account; additional bond; amount of bond.

The requirement of a bond of a personal representative is discretionary with the court. Whether a bond is expressly required by the will or not, the court may:

(a) Require a bond if it determines a bond is desirable; or

(b) Dispense with the requirement of a bond if:

(1) The court determines a bond is unnecessary; or

(2) The assets of the estate are deposited with a financial institution pursuant to subsection 3.

The bond must be conditioned so that the personal representative will faithfully execute the duties of the office according to law, and the bond must be filed by the clerk.
Personal assets of an estate may be deposited with a domestic credit union or other domestic financial institution upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit is subject to the further order of the court. The personal representative shall file with the clerk the acknowledgment of an authorized representative of the financial institution that holds the assets deposited, which may be in the following form:

PROOF OF BLOCKED ACCOUNT

The undersigned affirms that ..........................................., as personal representative of the estate of ............................., deceased, has established an account, number ........., entitled ..........., in the amount of $............

The undersigned acknowledges that this account bears a blocked/frozen designation, and that no money may be removed without first presenting an order from the court authorizing the withdrawal.

Dated on .......................... (date). By: ...............................................

Title: ............................................

During the pendency of the administration, any person, including a creditor, having an interest in an estate whose value exceeds $10,000 may file a petition requesting that the personal representative submit additional bond. Upon the filing of the petition, the clerk shall set it for hearing, and the petitioner shall give notice for the period and in the manner provided in NRS 155.010 . Upon hearing the petition, the court may require the personal representative to file additional bond in the amount of the claim of the petitioner, unless it determines that bond should be dispensed with or set in a different amount.
The amount of the bond is the estimated value of all personal property plus income for 1 year from both real and personal property, unless the amount of the bond is expressly mentioned in the will, changed by the court or required pursuant to subsection 4.
If a banking corporation, as defined in

NRS 657.016 , or trust company, as defined in NRS 669.070 , doing business in this State is appointed the personal representative of the estate of a decedent, no bond is required unless otherwise specifically required by the court.

[68:107:1941; 1931 NCL § 9882.68]—(NRS A 1959, 500 ; 1969, 1189 ; 1971, 1009 ; 1973, 385 ; 1983, 199 ; 1999, 1457 , 2285 ;

2001, 91 ; 2017, 1675 )

NRS 143.190

NRS

143.190

Cumulative method of service of process on personal representative; written statement containing permanent address of personal representative to be filed with clerk.

Before letters are delivered to a personal representative, the personal representative shall file with the county clerk of the county in which the administration of the estate is pending a written statement containing the name and permanent address of the personal representative. The permanent address may, from time to time, be changed by filing with the county clerk a written statement giving the changed address. The permanent address shall be deemed to be that contained in the last statement so filed by the personal representative.
The taking of his or her oath of office by a personal representative constitutes an appointment of the county clerk of the county in which the administration of the estate is pending to be the true and lawful attorney, upon whom all legal process in any action or proceeding against the personal representative may be served, with the same legal force and effect as if served upon the personal representative personally within the State of Nevada.
Service of process may be made by mailing by registered or certified mail a copy of the process, and if the process is a summons, there must be attached thereto a copy of the complaint certified by the clerk or the plaintiffs attorney, directly to the personal representative at the address contained in the statement filed with the clerk. This service is sufficient personal service upon the personal representative if proof of the service is filed with the clerk.
The court in which the action is pending may order such continuances as may be necessary to afford the personal representative reasonable opportunity to defend the action.
The foregoing method of service is cumulative, and does not prevent the personal service of process upon the personal representative within the State of Nevada.

[324:107:1941; 1931 NCL § 9882.324]—(NRS A 1969, 95 ; 1983, 262 ; 1999, 2297 )

NRS 144.010

NRS

144.010

Inventory and appraisement or record of value to be made and filed; waiver; request for list of assets; copy mailed to interested heirs and devisees; redacted inventory; court order for inventory.

Except as otherwise provided in this section, every personal representative shall prepare and file with the clerk a true inventory and appraisement or record of value of all the assets of the decedent that have come to the possession or knowledge of the personal representative, within 120 days after the issuance of letters of administration, unless the court extends the time for good cause shown. The requirement of preparing and filing an inventory or an appraisement or a verified record of value, or both, may be waived by the unanimous written consent of all interested persons.
Notwithstanding the provisions of this section, an interested person may provide a written request to the personal representative at any time 60 days or more after the issuance of letters of administration which seeks a list of the assets of the estate known to the personal representative. The personal representative shall provide such information to the requesting interested party within 10 days after receipt of the written request.
Unless an interested heir requested and was provided a list of assets pursuant to subsection 2, the personal representative, within 10 days after filing the inventory with the clerk, shall mail a copy to all the interested heirs of an intestate estate, or to the devisees of a testate estate, or to both interested heirs and devisees, if a contest of the will of the decedent is pending. Proof of the mailing of the copies must be made and filed in the proceeding.
Notwithstanding the requirements set forth in this section, a personal representative may file a redacted inventory to protect the decedent or his or her estate or an interested person. Such an inventory may redact any account numbers, social security numbers and values. Upon request by the court or an interested person, the personal representative shall make the full inventory without redaction available for inspection.
This section must not be construed to interfere with the authority of a court to order a personal representative to provide the court with information sufficient to identify the assets of an estate and the value thereof that is subject to probate administration, including, without limitation, requiring the personal representative to submit an inventory to the court in camera, as the court deems necessary and appropriate.

[98:107:1941; 1931 NCL § 9882.98]—(NRS A 1971, 9 , 1163 ;

1975, 1769 ; 1999, 2298 ; 2015, 3529 ; 2017, 1678 )

NRS 145.060

NRS

145.060

Creditors claims: Notice, filing, approval and payment; procedure if claim of Department of Health and Human Services rejected.

A personal representative shall publish and mail notice to creditors in the manner provided in NRS 155.020 .
Creditors of the estate must file their claims, due or to become due, with the clerk, within 60 days after the mailing to the creditors for those required to be mailed, or 60 days after the first publication of the notice to creditors pursuant to NRS 155.020 , and within 15 days thereafter the personal representative shall allow or reject the claims filed.
Any claim which is not filed within the 60 days is barred forever, except that if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020 , the claim may be filed at any time before the filing of the final account.
Every claim which is filed as provided in this section and allowed by the personal representative must then, and not until then, be ranked as an acknowledged debt of the estate and be paid in the course of administration, except that payment of small debts in advance may be made pursuant to subsection 3 of NRS 150.230 .
If a claim filed by the Department of Health and Human Services is rejected by the personal representative, the Director of the Department may, within 20 days after receipt of the written notice of rejection, petition the court for summary determination of the claim. A petition for summary determination must be filed with the clerk, who shall set the petition for hearing, and the petitioner shall give notice for the period and in the manner required by NRS 155.010 . Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.

[Part 308:107:1941; 1931 NCL § 9882.308]—(NRS A 1975, 1771 ; 1987, 781 ; 1995, 2572 ; 1999, 2302 ; 2001, 2345 ; 2003, 881 , 2511 )

NRS 146.070

NRS

146.070

Estates not exceeding $100,000 and estates to be distributed to trustee of nontestamentary trust: Procedure to set aside estate; exceptions; petition; notice; fees; reduction of estate by nonprobate transfer; hearing; findings; distribution of interest of minor; court-appointed designated person.

All or part of the estate of a decedent may be set aside without administration by the order of the court as follows:

(a) If the value of a decedents estate does not exceed $100,000, the estate may be set aside without administration by the order of the court; or

(b) If a decedents will directs that all or part of the decedents estate is to be distributed to the trustee of a nontestamentary trust established by the decedent and in existence at the decedents death, the portion of the estate subject to such direction may be set aside without administration. Any portion of a decedents estate set aside to the nontestamentary trust pursuant to this paragraph is subject to creditors of the estate unless the petitioner provides proof to the court that the trustee has published or mailed the requisite notice to such creditors on behalf of the nontestamentary trust and settlor pursuant to NRS 164.025 .

Except as otherwise provided in subsection 3, the whole estate set aside pursuant to paragraph (a) of subsection 1 must be assigned and set apart in the following order:

(a) To the payment of the petitioners attorneys fees and costs incurred relative to the proceeding under this section;

(b) To the payment of funeral expenses, expenses of last illness, money owed to the Department of Health and Human Services as a result of payment of benefits for Medicaid and creditors, if there are any;

(d) Any balance remaining to the claimant or claimants entitled thereto pursuant to a valid will of the decedent, and if there is no valid will, pursuant to intestate succession in accordance with chapter 134 of NRS.

If the value of the estate does not exceed $100,000 and the decedent is survived by a spouse or one or more minor children, the court must set aside the estate for the benefit of the surviving spouse or the minor child or minor children of the decedent, subject to any reduction made pursuant to subsection 4 or 5. The court may allocate the entire estate to the surviving spouse, the entire amount to the minor child or minor children, or may divide the estate among the surviving spouse and minor child or minor children.
As to any amount set aside to or for the benefit of the surviving spouse or minor child or minor children of the decedent pursuant to subsection 3, the court must set aside the estate without the payment of creditors except as the court finds necessary to prevent a manifest injustice.
To prevent an injustice to creditors when there are nonprobate transfers that already benefit the surviving spouse or minor child or minor children of the decedent, the court has the discretion to reduce the amount set aside under subsection 3 to the extent that the value of the estate, when combined with the value of nonprobate transfers, as defined in NRS 111.721 , from the decedent to or for the benefit of the surviving spouse or minor child or minor children of the decedent exceeds $100,000.
In exercising the discretion granted in this section, the court shall consider the needs and resources of the surviving spouse and minor child or minor children, including any assets received by or for the benefit of the surviving spouse or minor child or minor children from the decedent by nonprobate transfers.
For the purpose of this section, a nonprobate transfer from the decedent to one or more trusts or custodial accounts for the benefit of the surviving spouse or minor child or minor children shall be considered a transfer for the benefit of such spouse or minor child or minor children.
Proceedings taken under this section must not begin until at least 30 days after the death of the decedent and must be originated by a petition containing:

(a) A specific description of all property in the decedents estate;

(b) A list of all known liens and encumbrances against estate property at the date of the decedents death, with a description of any that the petitioner believes may be unenforceable;

(d) A statement of the debts of the decedent so far as known to the petitioner;

(e) The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of the heirs and devisees to the decedent, so far as known to the petitioner; and

(f) If the decedent left a will, a statement concerning all evidence known to the petitioner that tends to prove that the will is valid.

If the petition seeks to have the estate set aside for the benefit of the decedents surviving spouse or minor child or minor children without payment to creditors, the petition must also contain:

(a) A specific description and estimated value of property passing by one or more nonprobate transfers from the decedent to the surviving spouse or minor child or minor children; or

(b) An allegation that the estimated value of the property sought to be set aside, combined with the value of all nonprobate transfers from the decedent to the surviving spouse or minor child or minor children who are seeking to receive property pursuant to this section, is less than $100,000.

When property is distributed pursuant to an order granted under this section, the court may allocate the property on a pro rata basis or a non-pro rata basis.
The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedents heirs and devisees and to the Director of the Department of Health and Human Services. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement setting forth to whom the estate is being set aside.
No court or clerks fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.
At the hearing on a petition under this section, the court may require such additional evidence as the court deems necessary to make the findings required under subsection 14.
The order granting the petition shall include:

(a) The courts finding as to the validity of any will presented;

(b) The courts finding as to the value of the estate and, if relevant for the purposes of subsection 5, the value of any property subject to nonprobate transfers;

(d) The courts determination of any property set aside under subsection 3, including, without limitation, the courts determination as to any reduction made pursuant to subsection 4 or 5; and

(e) The name of each distributee and the property to be distributed to the distributee.

As to the distribution of the share of a minor child set aside pursuant to this section, the court may direct the manner in which the money may be used for the benefit of the minor child as is deemed in the courts discretion to be in the best interests of the minor child, and the distribution of the minor childs share shall be made as permitted for the minor childs share under the terms of the decedents will or to one or more of the following:

(a) A parent of such minor child, with or without the filing of any bond;

(b) A custodian under chapter 167 of NRS; or

The court, upon request of a petitioner under this section and upon such terms and conditions the court deems advisable to protect any interested person of the estate:

(a) May order that any asset assigned and set apart pursuant to subsection 2 be distributed first to a designated person who resides in this State and is otherwise qualified pursuant to NRS 139.010 ;

(b) May order the designated person to distribute the assets to the person or persons entitled thereto; and

(c) Shall retain jurisdiction to enforce its orders until the designated person demonstrates to the court, by the production of satisfactory receipts, that all sums of money due and all the property of the estate has been distributed to the persons entitled thereto and all acts lawfully required have been performed.

For the purposes of this section, the value of property must be the fair market value of that property, reduced by the value of all enforceable liens and encumbrances. Property values and the values of liens and encumbrances must be determined as of the date of the decedents death.

[117:107:1941; A 1941, 130 ; 1931 NCL § 9882.117]—(NRS A 1963, 1271 ; 1965, 171 ; 1973, 431 ; 1975, 1772 ; 1981, 1794 ; 1983, 193 ; 1989, 647 ; 1995, 2573 ; 1997, 113 , 1249 ,

1487 ;

1999, 2305 ; 2003, 881 , 2512 ;

2007, 896 ; 2015, 3530 ; 2021, 974 ; 2023, 1315 )

NRS 146.080

NRS

146.080

Estates not exceeding certain amounts: Transfer of assets without issuance of letters of administration or probate of will; affidavit showing right to assets.

If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedents property in this State, over and above any amounts due to the decedent for services in the Armed Forces of the United States and the value of any motor vehicles registered to the decedent, does not exceed the applicable amount, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the Department of Health and Human Services or, as applicable, the public administrator or a person employed or contracted with pursuant to NRS 253.125 , on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.
An affidavit made pursuant to this section must state:

(a) The affiants name and address, and that the affiant is entitled by law to succeed to the property claimed;

(b) The date and place of death of the decedent;

(c) That the gross value of the decedents property in this State, except amounts due the decedent for services in the Armed Forces of the United States or the value of any motor vehicles registered to the decedent, does not exceed the applicable amount, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;

(d) That at least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;

(e) That no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

(f) That all debts of the decedent, including funeral and burial expenses, and money owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid, have been paid or provided for;

(g) A description of the personal property and the portion claimed;

(h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiants claim and describing the property claimed, to every person whose right to succeed to the decedents property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;

(i) That the affiant is personally entitled, or the Department of Health and Human Services is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property;

(j) That the affiant has no knowledge of any existing claims for personal injury or tort damages against the decedent; and

(k) That the affiant acknowledges an understanding that filing a false affidavit constitutes a felony in this State.

If the affiant:

(b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.

A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.
Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

(b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property. The governmental agency may not refuse to accept an affidavit containing the information required by this section, regardless of the form of the affidavit.

If any property of the estate not exceeding the applicable amount is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this State, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte, containing:

(a) A specific description of all the property of the decedent.

(b) A list of all the liens and mortgages of record at the date of the decedents death.

(d) The names, ages of any minors and residences of the decedents heirs and devisees.

(e) A request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed the applicable amount.

(f) An attached copy of the executed affidavit made pursuant to subsection 2.

Ê If the court finds that the gross value of the estate does not exceed the applicable amount and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.

As used in this section, applicable amount means:

(a) If the claimant is the surviving spouse of the decedent, $100,000.

(b) For any other claimant, $25,000.

(Added to NRS by 1957, 130 ; A 1975, 1773 ; 1979, 478 ; 1983, 194 ; 1995, 2574 ; 1997, 1250 , 1488 ;

1999, 2306 ; 2001, 2346 ; 2003, 476 , 882 ;

2015, 789 ; 2019, 1545 )

NRS 147.040

NRS

147.040

Claims: Limit on time for filing.

A person having a claim, due or to become due, against the decedent must file the claim with the clerk within 90 days after the mailing for those required to be mailed, or 90 days after the first publication of the notice to creditors pursuant to NRS 155.020 .
A creditor who receives a notice to creditors by mail pursuant to subsection 5 of NRS 155.020 must file a claim with the clerk within 30 days after the mailing or 90 days after the first publication of notice to creditors pursuant to NRS 155.020 , whichever is later.
If a claim is not filed with the clerk within the time allowed by subsection 1 or 2, the claim is forever barred, but if it is made to appear, by the affidavit of the claimant or by other proof to the satisfaction of the court, that the claimant did not have notice as provided in NRS 155.020 or actual notice of the administration of the estate, the claim may be filed at any time before the filing of the final account.
The period of 90 days prescribed by this section is reduced to 60 days if summary administration is granted under chapter 145 of NRS.

[Part 120:107:1941; 1931 NCL § 9882.120]—(NRS A 1975, 1774 ; 1987, 782 ; 1999, 2308 )

NRS 147.100

NRS

147.100

Actions and proceedings pending against decedent or property in estate of decedent.

Except as otherwise ordered by the court for good cause shown, an action or proceeding pending against a decedent at the time of the decedents death may not be continued against the decedents personal representative unless:

(a) A claim is first filed as provided in this chapter;

(b) The claim is rejected in whole or in part; and

(c) Within 60 days after notice of rejection is given, the claimant who is the plaintiff applies to the court in which the action or proceeding is pending for an order substituting the personal representative in the action or proceeding. This requirement applies only if the notice of rejection contains a statement that the claimant has 60 days within which to apply for an order of substitution.

No recovery may be allowed in an action against property in the estate of a decedent unless proof is made of compliance with this section.

[129:107:1941; 1931 NCL § 9882.129]—(NRS A 1999, 2310 )

NRS 147.130

NRS

147.130

Rejection of claim; notice; time to file suit; procedure for rejected claim; service of summons; removal of personal representative for default.

If a claim is rejected by the personal representative or the court, in whole or in part, the claimant must be immediately notified by the personal representative, and the claimant must bring suit in the proper court against the personal representative within 60 days after the notice or file a timely petition for determination of the validity of the claim pursuant to subsection 2, whether the claim is due or not, or the claim is forever barred. A claimant must be informed of the rejection of the claim by written notice forwarded to the claimants mailing address by registered or certified mail.
If a claim is rejected by the personal representative, a creditor may, within 20 days after receipt of the written notice of rejection, petition the court for determination of the validity of the claim in lieu of bringing suit against the personal representative pursuant to subsection 1. A petition for determination of the validity of the claim must be filed with the clerk, who shall set the petition for hearing, and notice must be given for the period and in the manner required by NRS 155.010 . Allowance of the claim by the court is sufficient evidence of its correctness, and it must be paid as if previously allowed by the personal representative.
In any action brought upon a claim rejected in whole or in part by the personal representative, if the personal representative resides out of the State or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself or herself to avoid the service of summons, the summons, together with a copy of the complaint, must be mailed directly to the last address given by the personal representative, with a copy to the attorney for the estate, and proof of the mailing must be filed with the clerk where the administration of the estate is pending. This service is the equivalent of personal service upon the personal representative, but he or she has 30 days from the date of service within which to answer.
If the personal representative defaults after such service, the default is sufficient grounds for his or her removal as personal representative by the court without notice. Upon petition and notice, in the manner provided for an application for letters of administration, an administrator or an administrator with the will annexed must be appointed by the court and, upon his or her qualification as such, letters of administration or letters of administration with the will annexed must be issued.

[124:107:1941; 1931 NCL § 9882.124]—(NRS A 1969, 95 ; 1971, 317 ; 1983, 263 ; 1985, 115 ; 1995, 2575 ; 1999, 2311 ; 2003, 884 ; 2017, 1680 )

NRS 148.070

NRS

148.070

Written objection: Hearing; proof of notice.

An interested person may file written objections to the confirmation of the sale and may be heard thereon, and may produce witnesses in support of the objections. Before an order is made confirming a sale, it must be proved to the satisfaction of the court that notice of the sale was given as prescribed by this chapter, and the order of confirmation must show that such proof was made.

[141:107:1941; 1931 NCL § 9882.141]—(NRS A 1999, 2316 )

NRS 148.220

NRS

148.220

Notice of sale: Publication; court waiver of requirement of publication; posting; description of property.

Notice of the time and place of sale of real property must be published in a newspaper published in the county in which the property, or some portion of the property, is located, if there is one so published, and if not, then in such paper as the court directs, for 2 weeks, being three publications, 1 week apart, before the day of sale or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days.
The court may waive the requirement of publication if:

(a) The following persons consent in writing:

(1) The personal representative, if he or she is the sole devisee or heir of the estate;

(2) If the property is specifically devised in the will of the decedent, all devisees to whom the property is devised;

(3) If the property is not specifically devised in the will of the decedent, all residuary devisees; or

(4) In the case of an intestate estate, all heirs of the estate.

(b) The personal representative provides proof that the property has been publicly listed in a public property listing service for a period of not less than 30 days; or

(c) The estate is subject to a lien or mortgage on the property in excess of the value of the real property and the estate has entered into an agreement with the holder of the lien or mortgage to waive the deficiency and accept the net sales proceeds.

If it appears from the inventory and appraisement that the value of the property to be sold does not exceed $5,000, the personal representative may waive the requirement of publication and, in lieu thereof, post a notice of the time and place of sale in three of the most public places in the county in which the property, or some portion of the property, is located, for 2 weeks before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made.
The property proposed to be sold must be described with common certainty in the notice.

[156:107:1941; A 1943, 50 ; 1931 NCL § 9882.156]—(NRS A 1999, 2319 ; 2001, 2348 ; 2017, 1681 ; 2023, 1318 )

NRS 148.370

NRS

148.370

Hearing; order authorizing sale.

At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection thereto that may have been filed or presented, and if, after a hearing, the court is satisfied that it will be to the advantage of the estate to enter into the proposed agreement, it shall enter an order directing the personal representative to enter into the agreement of sale or to give the option to purchase.
The order may prescribe the terms and conditions of the agreement or option.
A certified copy of the order must be recorded in the office of the county recorder of every county in which the property affected by the agreement or option, or any portion thereof, is located.

[171:107:1941; 1931 NCL § 9882.171]—(NRS A 1999, 2323 )

NRS 148.440

NRS

148.440

Hearing and order.

At the time appointed, the court, upon proof that due notice of the hearing has been given, shall hear the petition and any objection that has filed or is presented.
If the court is satisfied that the conveyance or transfer should be made, it shall enter an order directing the personal representative to execute the conveyance or transfer to the person entitled thereto.
If the transaction relates to real property, a certified copy of the order must be recorded with the deed in the office of the county recorder of the county in which the real property is located.

(Added to NRS by 1999, 2315 )

NRS 149.030

NRS

149.030

Hearing and order.

At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection that may have been filed or presented. If, after a hearing, the court is satisfied that it will be to the advantage of the estate, it shall enter an order directing the personal representative to borrow the money and to execute the note or notes, and, in a proper case, to execute the mortgage or give other security by way of security interest or other lien.
The court may direct that a lesser amount than that named in the petition be borrowed, and may prescribe the maximum rate of interest and the period of the loan, and require that the interest and the whole or any part of the principal be paid, from time to time, out of the whole estate or any part thereof, and that the personal property to be subject to the security agreement or other lien, or any improvements on the premises to be mortgaged, are insured for the further security of the lender, and the premiums paid from the assets of the estate.
A certified copy of the order must be recorded in the office of the county recorder of every county in which the property affected by the order, or any portion thereof, is located.

[177:107:1941; 1931 NCL § 9882.177]—(NRS A 1969, 4 ; 1999, 2326 )

NRS 150.190

NRS

150.190

Proof of notice necessary before allowance of account.

No account may be allowed by the court until it is first proved that the notice required by this chapter has been given, and the order must show that such proof was made to the satisfaction of the court. The order is conclusive evidence of the fact.

[220:107:1941; 1931 NCL § 9882.220]—(NRS A 1999, 2335 )

NRS 150.240

NRS

150.240

Order of court for payment of debts; treatment of classes of creditors; discharge of personal representative upon compliance with order if property of estate exhausted.

Upon the settlement of any account of the personal representative after the time to file claims has expired, the court shall order the payment of the debts as the circumstances of the estate permit. If there is not sufficient money to pay all of the debts, the order must specify the sum to be paid to each creditor.
No creditor of any one class may receive any payment until all those of a preferred class are fully paid, and if the estate is insufficient to pay all debts of any one class, each creditor of that class must be paid a dividend in proportion to that creditors claim.
If the property of the estate is exhausted by the payment ordered, the account constitutes a final account, and the personal representative is entitled to his or her discharge upon filing the necessary proof showing that he or she has complied with the order.

[225:107:1941; 1931 NCL § 9882.225]—(NRS A 1999, 2337 )

NRS 152.030

NRS

152.030

Contents of petition; contents and service of citation.

A person interested in the partition may file a petition stating the necessary facts, particularly describing the property to be partitioned and the person or persons interested in the property.
Upon filing the petition, a citation must issue to all persons interested to appear and show cause why an order of partition should not be made as requested.
The citation must specify the estate and the party petitioning for partition.
The citation must be served in the manner provided in NRS 155.050 at least 10 days before the hearing or for such other period as the court may order.
Upon proof that the citation has been properly served, the court shall proceed to hear the petition and the allegation and proofs of the respective parties, and enter an order accordingly.

[253:107:1941; 1931 NCL § 9882.253]—(NRS A 1999, 2347 )

NRS 152.140

NRS

152.140

Report of commissioners; objections to report; hearing on objections; order of confirmation.

The commissioners, within a reasonable time shall file their report of partition.
Within 15 days after the report is filed, any interested person may file an objection to the report, particularly specifying the grounds of objection. A copy of the objection must be served upon the commissioners and all parties interested in the partition, their guardians, agents or attorneys, with a notice to those persons that the objecting party will, at a time certain, not later than 20 days after the filing of the objection, move the court to set aside the report, and for a new partition.
At the time specified, or at such other time as the court may set, the court shall proceed to hear the objection to the report, and may hear proof by any party, and for sufficient reasons, the court may set aside the report and recommit the partition to the same commissioners, or appoint others, or may modify or confirm the report.
If no objection is filed to the report within the time specified and the report appears to be just and correct and all the proceedings regular, the court shall enter an order confirming the report. The court shall order proper conveyance to be made by the respective parties to one another, or may appoint a commissioner to make the conveyance or conveyances, which, when acknowledged and recorded, is sufficient to convey title.

[266:107:1941; 1931 NCL § 9882.266]—(NRS A 1999, 2350 )

NRS 153.020

NRS

153.020

Retention of jurisdiction by court after final distribution.

If a life estate or estate for years is created by or under any will to continue after distribution of the estate, the court does not lose jurisdiction of the estate, life estate or estate for years by final distribution of the estate, but retains jurisdiction of it until the distribution of the residue of the life estate or estate for years to those entitled to it is complete. Proof of distribution of the residue may be made upon petition of any person entitled to share in the distribution of the life estate or estate for years, which terminates the jurisdiction of the court upon decree of the court. The court does not retain jurisdiction over a testamentary trust created by or under a will after distribution of that portion of the estate to such a testamentary trust.
Notwithstanding the provisions of subsection 1, before the entry of an order granting final distribution of the estate, the court may consider a petition filed by the trustee or any beneficiary of the testamentary trust requesting the court to retain jurisdiction of the testamentary trust and, upon good cause shown, the court may order such continued jurisdiction. Such a petition must be filed with the clerk of the court before the hearing on the petition for final distribution of the estate and must be served on all interested persons in accordance with NRS 155.010 .
This section must not be construed to limit the ability of an interested person to subsequently seek submission of a testamentary trust to the jurisdiction of the court pursuant to NRS 164.010 .

[Part 244:107:1941; A 1947, 38 ; 1943 NCL § 9882.244]—(NRS A 1959, 512 ; 1977, 569 ; 1983, 263 , 669 ;

1999, 2352 ; 2017, 1682 )

NRS 155.010

NRS

155.010

Method of giving notice; notice to certain persons required; court may dispense with notice; proof; waiver of notice.

Except as otherwise provided in this section or a specific statute relating to the kind of notice required or otherwise ordered by the court in a particular instance, a petitioner shall cause notice of the time and place of the hearing of a petition to be given to each interested person and to every other person entitled to notice pursuant to this title or his or her attorney if the person has appeared by attorney or requested that notice be sent to his or her attorney. Notice must be given:

(a) By mailing a copy thereof at least 10 days before the time set for the hearing by certified, registered or ordinary first-class mail addressed to the person being notified at the post office address given in the persons demand for notice, if any, or at his or her office or place of residence, if known, or by personally delivering a copy thereof to the person being notified at least 10 days before the time set for the hearing;

(b) By submitting a copy thereof through an electronic filing system, if the court establishes such a system pursuant to the Nevada Electronic Filing and Conversion Rules or by any other electronic means if the interested person or person entitled to notice consents in writing; or

(c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for 3 consecutive weeks a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the last publication of which must be at least 10 days before the date set for the hearing.

A person who, for the purposes of the matter to be considered at a hearing, is not an interested person is not entitled to notice of that hearing.
The court, for good cause shown, may provide for a different method or time of giving notice for any hearing, or may dispense with the notice otherwise required to be given to a person under this title.
Proof of the giving of notice must be made on or before the hearing and filed in the proceeding.
A person entitled to notice may, in writing, waive notice of the hearing of a petition.
Notice given pursuant to paragraph (b) or (c) of subsection 1 is complete upon electronic submission of any kind, unless the petitioner is notified pursuant to the Nevada Electronic Filing and Conversion Rules that the service was not effectuated on the person intended to be served by such electronic means.

[283:107:1941; 1931 NCL § 9882.283]—(NRS A 1961, 407 ; 1967, 352 ; 1969, 95 ; 1975, 1778 ; 1977, 273 ; 1997, 1492 ; 1999, 2359 ; 2015, 3534 ; 2023, 1319 )

NRS 155.030

NRS

155.030

Request for special notice: Filing by interested person after issuance of letters; filing by interested person in testamentary trust; effect of substitution or withdrawal of counsel.

At any time after the issuance of letters in the estate of a decedent, an interested person or the persons attorney may serve upon the personal representative or the personal representatives attorney, and file with the clerk of the court wherein administration of the estate is pending, a written request stating that the interested person desires special notice and a copy of any further filings, steps or proceedings in the administration of the estate.
The request must state the post office address of the requester or the requesters attorney, and thereafter a brief notice of the filing of any returns, petitions, accounts, reports or other proceedings, together with a copy of the filing, must be addressed to that person or the persons attorney, at his or her stated mailing address, and deposited with the United States Postal Service with the postage thereon prepaid, within 2 days after each is filed, or personal service of the notice may be made on the person or the persons attorney within the 2 days, and the personal service is equivalent to deposit in the post office, and proof of mailing or of personal service must be filed with the clerk before the hearing of the proceeding.
If, upon the hearing, it appears to the satisfaction of the court that the notice has been regularly given, the court shall so find in its order and the order is final and conclusive upon all persons.
An interested person in a testamentary trust or its property, or the attorney for that person, may serve upon the trustee or the trustees attorney, and file with the clerk of the court wherein administration of the trust is pending, a written request stating that he or she desires notice of the filing of accounts and petitions in connection with the trust. The provisions of subsections 2 and 3 apply to such a request.
An attorney whose only appearance on behalf of an interested person has been the filing of a written request for notice pursuant to subsection 1 may, without further court order:

(a) Terminate his or her services;

(b) Serve upon the personal representative or the personal representatives attorney an amended written request for notice directing that any further notice be sent to the interested person at his or her last known address; and

(c) File the amended written request for notice with the clerk of the court wherein administration of the estate is pending.

Any filing of a motion for substitution of counsel or order authorizing withdrawal of counsel of record for an attorney who has filed a written request for notice on behalf of an interested person pursuant to subsection 1 shall be deemed to be an amended written request for notice as described in subsection 5, and any further notice must be sent to the address provided in the motion for substitution of counsel or the order authorizing the withdrawal of counsel, as applicable.
On the filing of an inventory or a supplementary inventory, the personal representative shall mail a copy to each person who has requested special notice.

[Part 119:107:1941; A 1951, 464 ]—(NRS A 1975, 1780 ; 1987, 702 ; 1999, 2360 ; 2011, 1462 )

NRS 155.080

NRS

155.080

Methods of proving publication or service of notice.

All proofs of publication or other mode or modes of giving notice or serving papers may be made by the certificate or affidavit of any person competent to be a witness. The certificate or affidavit must be filed, and constitutes prima facie evidence of publication or service. Proof of service may also be made in any manner permitted by the Nevada Rules of Civil Procedure.

[287:107:1941; 1931 NCL § 9882.287]—(NRS A 1979, 450 ; 1999, 2362 )

NRS 155.097

NRS

155.097

Validity; circumstances in which transfer is presumed void; rebuttable presumption; exceptions.

Regardless of when a transfer instrument is made, to the extent the court finds that a transfer was the product of fraud, duress or undue influence, the transfer is void and each transferee who is found responsible for the fraud, duress or undue influence shall bear the costs of the proceedings, including, without limitation, reasonable attorneys fees.
Except as otherwise provided in subsection 4 and NRS 155.0975 , a transfer is presumed to be void if the transfer is to a transferee who is:

(a) The person who drafted the transfer instrument;

(b) A caregiver of the transferor who is a dependent adult;

(c) A person who materially participated in formulating the dispositive provisions of the transfer instrument or paid for the drafting of the transfer instrument; or

(d) A person who is related to, affiliated with or subordinate to any person described in paragraph (a), (b) or (c).

The presumption created by this section is a presumption concerning the burden of proof and may be rebutted by proving, by clear and convincing evidence that the donative transfer was not the product of fraud, duress or undue influence.
The provisions of subsection 2 do not apply to a transfer instrument that is intended to effectuate a transfer:

(a) After the transferors death, unless the transfer instrument is made on or after October 1, 2011; or

(b) During the transferors lifetime, unless the transfer instrument is made on or after October 1, 2015.

(Added to NRS by 2011, 1460 ; A 2015, 3536 )

NRS 156.090

NRS

156.090

Sale or mortgage of property: Hearing; order for sale or mortgage; limitations and procedure.

Proof shall be offered at the hearing provided for in NRS 156.080 showing the reasons for making the sale, mortgage or deed of trust. If the court finds that it will be for the best interests of all persons concerned in the estate of the missing person to make such sale, mortgage or deed of trust, it shall order the trustee to proceed therewith in the manner provided in this title for the sales, mortgages and deeds of trusts of deceased persons. No such sale, mortgage or deed of trust may take place prior to the expiration of 8 months from the date of the appointment and qualification of the trustee.

(Added to NRS by 1959, 506 )

NRS 156.150

NRS

156.150

Manner of giving notice of hearing.

Notice of hearing the petition for administration of the estate or probate of the will of the missing person shall be given in the manner provided in this title for giving notice of hearing in the administration of estates of deceased persons, and notice shall be mailed by registered or certified mail to the last known address of the missing person, and proof by affidavit of such notices shall be filed prior to or at the hearing.

(Added to NRS by 1959, 507 ; A 1969, 95 )

NRS 159.034

NRS

159.034

Notice by petitioner: To whom required; manner for providing; waiver of requirement; proof of giving filed with court.

Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a guardianship proceeding shall give notice of the time and place of the hearing on any petition filed in the guardianship proceeding to:

(a) The spouse of the protected person and all other known relatives of the protected person who are within the second degree of consanguinity.

(b) Any other interested person or the persons attorney who has filed a request for notice in the guardianship proceedings and has served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request and the persons name and address, or that of his or her attorney.

(d) Any person or care provider who is providing care for the protected person, except that if the person or care provider is not related to the protected person, such person or care provider must not receive copies of any inventory or accounting.

(e) Any office of the Department of Veterans Affairs in this State if the protected person is receiving any payments or benefits through the Department of Veterans Affairs.

(f) The Director of the Department of Health and Human Services if the protected person has received or is receiving benefits from Medicaid.

(g) Those persons entitled to notice if a proceeding were brought in the home state of the protected person.

The petitioner shall give notice not later than 10 days before the date set for the hearing:

(a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;

(b) By personal service; or

Except as otherwise provided in this subsection, if none of the persons entitled to notice of a hearing on a petition pursuant to this section can, after due diligence, be served by certified mail or personal service and this fact is proven by affidavit to the satisfaction of the court, service of the notice must be made by publication in the manner provided by the Nevada Rules of Civil Procedure. In all such cases, the notice must be published not later than 10 days before the date set for the hearing. If, after the appointment of a guardian, a search for relatives of the protected person listed in paragraph (a) of subsection 1 fails to find any such relative, the court may waive the notice by publication required by this subsection.
For good cause shown, the court may waive the requirement of giving notice.
A person entitled to notice pursuant to this section may waive such notice. Such a waiver must be in writing and filed with the court.
On or before the date set for the hearing, the petitioner shall file with the court proof of giving notice to each person entitled to notice pursuant to this section.

(Added to NRS by 2003, 1768 ; A 2009, 1644 ; 2013, 905 ; 2017, 868 , 3901 )

NRS 159.044

NRS

159.044

Petition for appointment of guardian: Who may submit; content; needs assessment required for proposed protected person.

A proposed protected person, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.
To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation:

(a) The name and address of the petitioner.

(b) The name, date of birth and current address of the proposed protected person.

(c) A copy of one of the following forms of identification of the proposed protected person which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

(1) A social security number;

(2) A taxpayer identification number;

(3) A valid drivers license number;

(4) A valid identification card number;

(5) A valid passport number;

(6) A valid permanent resident card number; or

(7) A valid tribal identification card number.

Ê If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court.

(d) Whether the proposed protected person is a resident or nonresident of this State.

(e) The names and addresses of the spouse of the proposed protected person and the relatives of the proposed protected person who are within the second degree of consanguinity.

(f) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595 or 159A.0595 . If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one protected person who is not related to the person by blood or marriage. As used in this paragraph, protected person includes a protected minor.

(g) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

(1) A social security number;

(2) A taxpayer identification number;

(3) A valid drivers license number;

(4) A valid identification card number;

(5) A valid passport number;

(6) A valid permanent resident card number; or

(7) A valid tribal identification card number.

(h) Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which the proposed guardian was convicted and whether the proposed guardian was placed on probation or parole.

(i) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. The documentation must include, without limitation:

(1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:

(I) The need for a guardian;

(II) Whether the proposed protected person presents a danger to himself or herself or others;

(III) Whether the attendance of the proposed protected person at a hearing would be detrimental to the proposed protected person;

(IV) Whether the proposed protected person would comprehend the reason for a hearing or contribute to the proceeding; and

(V) Whether the proposed protected person is capable of living independently with or without assistance; and

(2) If the proposed protected person is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the protected person.

(j) Whether the appointment of a general or a special guardian is sought.

(k) A general description and the probable value of the property of the proposed protected person and any income to which the proposed protected person is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed protected person by the United States through the Department of Veterans Affairs, the petition must so state.

(l) The name and address of any person or care provider having the care, custody or control of the proposed protected person.

(m) If the petitioner is not the spouse or natural child of the proposed protected person, a declaration explaining the relationship of the petitioner to the proposed protected person or to the family or friends of the proposed protected person, if any, and the interest, if any, of the petitioner in the appointment.

(n) Requests for any of the specific powers set forth in NRS 159.117 to 159.175 , inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

(o) If the guardianship is sought as the result of an investigation of a report of abuse, neglect, exploitation, isolation or abandonment of the proposed protected person, whether the referral was from a law enforcement agency or a state or county agency.

(p) Whether the proposed protected person or the proposed guardian is a party to any pending criminal or civil litigation.

(q) Whether the guardianship is sought for the purpose of initiating litigation.

(r) Whether the proposed protected person has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.

(s) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.

Before the court makes a finding pursuant to NRS 159.054 , a petitioner seeking a guardian for a proposed protected person must provide the court with an assessment of the needs of the proposed protected person completed by a licensed physician which identifies the limitations of capacity of the proposed protected person and how such limitations affect the ability of the proposed protected person to maintain his or her safety and basic needs. The court may prescribe the form in which the assessment of the needs of the proposed protected person must be filed.

(Added to NRS by 1981, 1931 ; A 1989, 533 ; 1995, 1076 , 2771 ;

1997, 1343 ; 1999, 1396 ; 2001 Special Session, 15 ; 2003, 1772 ; 2005, 815 ; 2007, 2025 , 2075 ;

2009, 1646 , 2519 ;

2013, 906 ; 2015, 818 ; 2017, 90 , 870 ,

1622 ,

2271 )

NRS 159.055

NRS

159.055

Burden of proof; order appointing guardian; notice of entry of order.

The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary.
If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed protected person, the court shall enter an order appointing a guardian. The order must:

(a) Specify whether the guardian appointed is guardian of the person, of the estate, of the person and estate or a special guardian;

(b) Specify whether the proposed protected person is a resident or nonresident of this State;

(d) Designate the names and addresses, so far as may be determined, of:

(1) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047 ; and

(2) Any other interested person.

A notice of entry of the court order must be sent to:

(a) The relatives of the proposed protected person upon whom notice must be served pursuant to NRS 159.047 ; and

(b) Any other interested person.

(Added to NRS by 1969, 415 ; A 1981, 1936 ; 2003, 1781 ; 2017, 876 )

NRS 159.0893

NRS

159.0893

Access to account or other assets of protected person.

A guardian shall present a copy of the court order appointing the guardian and letters of guardianship to a bank or other financial institution that holds any account or other assets of the protected person before the guardian may access the account or other assets.
The bank or other financial institution shall accept the copy of the court order appointing the guardian and letters of guardianship as proof of guardianship and allow the guardian access to the account or other assets of the protected person, subject to any limitations set forth in the court order.
Unless the bank or other financial institution is a party to the guardianship proceeding, the bank or other financial institution is not entitled to a copy of any:

(a) Capacity evaluation of the protected person or any other confidential information concerning the medical condition or the placement of the protected person; or

(b) Inventory or accounting of the estate of the protected person.

(Added to NRS by 2013, 904 ; A 2017, 3911 )

NRS 159.1905

NRS

159.1905

Petition for termination or modification; appointment of attorney to represent protected person; burden of proof; issuance of citation; penalties for not filing petition in good faith.

A protected person, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain:

(a) The name and address of the petitioner.

(b) The relationship of the petitioner to the protected person.

(c) The name, age and address of the protected person, if the protected person is not the petitioner, or the date of death of the protected person if the protected person is deceased.

(d) The name and address of the guardian, if the guardian is not the petitioner.

(e) The reason for termination or modification.

(f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate.

(g) A general description and the value of the remaining property of the protected person and the proposed disposition of that property.

Upon the filing of the petition, the court shall appoint an attorney to represent the protected person if:

(a) The protected person is unable to retain an attorney; or

(b) The court determines that the appointment is necessary to protect the interests of the protected person.

The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the protected person.
The court shall issue a citation to the guardian and all interested persons requiring them to appear and show cause why termination or modification of the guardianship should not be granted.
If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the protected person, the court may:

(a) Disallow the petitioner from petitioning the court for attorneys fees from the estate of the protected person; and

(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the protected person for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the protected person and associated with the petition.

(Added to NRS by 1981, 1933 ; A 1999, 1401 ; 2003, 1798 ; 2017, 2562 )

NRS 159.2024

NRS

159.2024

Transfer of jurisdiction of guardianship or conservatorship from another state to this State.

To transfer jurisdiction of a guardianship or conservatorship to this State, the guardian, conservator or other interested party must petition the court of this State for guardianship pursuant to NRS 159.1991 to 159.2029 , inclusive, to accept guardianship in this State. The petition must include a certified copy of the other states provisional order of transfer and proof that the protected person is physically present in, or is reasonably expected to move permanently to, this State.
The court shall issue a provisional order granting a petition filed under subsection 1, unless:

(a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the protected person; or

(b) The guardian or petitioner is not qualified for appointment as a guardian in this State pursuant to NRS 159.0613 .

The court shall issue a final order granting guardianship upon filing of a final order issued by the other state terminating proceedings in that state and transferring the proceedings to this State.
Not later than 90 days after the issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of this State.
In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacity of the protected person and the appointment of the guardian or conservator.

(Added to NRS by 2009, 1643 ; A 2015, 2368 , 2510 ;

2017, 886 )

Registration and Recognition of Orders From Other States

NRS 159.337

NRS

159.337

Burden of proof.

In a proceeding held pursuant to NRS 159.331

to 159.338 , inclusive:

The guardian has the burden of proof if he or she:

(a) Petitions the court to restrict the ability of a relative or person of natural affection to communicate, visit or interact with a protected person pursuant to subsection 1 of NRS 159.333 ;

(b) Petitions the court to modify or rescind an order pursuant to subsection 5 of NRS 159.333 ; or

A relative or person of natural affection has the burden of proof if he or she petitions the court to modify or rescind an order pursuant to subsection 5 of NRS 159.333 .

(Added to NRS by 2017, 2549 )

NRS 160.040

NRS

160.040

Limitation on number of wards; exceptions.

Except as otherwise provided in this section, it is unlawful for any person to accept appointment as guardian of any ward if the proposed guardian is at that time acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the Department of Veterans Affairs pursuant to this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his or her discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting from the guardian and shall discharge the guardian in the case.
The limitations of this section do not apply where the guardian is a bank or trust company acting for the wards estates only.
An individual may be guardian of more than five wards if they are all members of the same family.
The limitations of this section do not apply to a public guardian.

[3:28:1929; NCL § 9550]—(NRS A 1961, 32 ; 1977, 488 ; 1995, 1078 ; 1999, 2477 ; 2017, 383 )

NRS 163.605

NRS

163.605

Incapacity of trustee: Removal; determination of incapacity; certification; restoration; burden of proof.

A person determined pursuant to this section to lack capacity or to be incapacitated shall be deemed to no longer have the authority to serve as a trustee, and the person having priority to serve as or to appoint the successor trustee upon resignation, death or incapacity of the trustee under the trust instrument shall immediately assume such authority.
A person who would have authority to serve as the trustee but for the fact that he or she has been determined to be incapacitated pursuant to subsection 3 and who later regains capacity as determined in accordance with subsection 7 is immediately restored to such authority.
A person serving as a trustee is incapacitated for purposes of this section if the person:

(a) Is determined to lack capacity pursuant to subsection 4; or

(b) Is:

(1) Missing; or

(2) Detained, including, without limitation, incarcerated.

The incapacity of a person serving as a trustee may be established by:

(a) A method provided in the trust instrument of the person, including, without limitation, a method that does not require a physician or a court to determine incapacity;

(b) A licensed physician who has personally examined the person, unless the trust instrument provides otherwise; or

The successor trustee may certify under penalty of perjury that the incapacity of a person has been determined pursuant to this section by a signed affidavit that is acknowledged by all the currently acting trustees of the trust other than the incapacitated trustee. A person who acts in reliance upon such a certification of incapacity without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry that the person who has been certified as incapacitated lacks capacity.
Any interested person may petition a court of competent jurisdiction pursuant to NRS 164.015 for an order declaring a person serving as a trustee to lack capacity within the meaning of this section and for the removal as a trustee.
A person who would have priority to serve as the trustee but for the fact that he or she has been determined to be incapacitated, who later regains capacity, may establish his or her capacity by:

(a) Using a method in the trust instrument to establish the capacity of the trustee;

(b) If the person is incapacitated pursuant to paragraph (b) of subsection 3, a signed affidavit acknowledged by the person that the individual is no longer incapacitated and that is delivered to the currently acting trustees of the trust; or

(c) Petitioning a court of competent jurisdiction under NRS 164.015 for an order declaring that the person is not incapacitated.

A written determination of the successor trustee or licensed physician provided pursuant to paragraph (a) or (b) of subsection 4 must be provided under penalty of perjury.
Incapacity pursuant to paragraph (c) of subsection 4 must be established by a preponderance of the evidence.

(Added to NRS by 2023, 1320 )

NRS 164.700

NRS

164.700

Definitions.

As used in NRS 164.700 to 164.925 , inclusive:

Fiduciary means a trustee or, to the extent that NRS 164.780 to 164.925 , inclusive, apply to an estate, a personal representative.
Terms of a trust means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct.
Unitrust means a trust in which a certain percentage of annually assessed fair market value of trust property is paid to a trust beneficiary.

(Added to NRS by 2003, 1965 ; A 2009, 799 )

Prudent Investor (Uniform Act)

NRS 164.725

NRS

164.725

Notice of proposed action: Authorized; to whom notice must be sent; content; objection to proposed action; limitations on liability; court order to take action over objection; burden of proof; notice when action not taken.

As used in this section, action includes a course of action and a decision on whether or not to take action.
A trustee may provide a notice of proposed action regarding any matter governed by NRS 163.556 or 164.700 to 164.925 , inclusive. Except as otherwise provided in the trust instrument, a trustee, trust protector or trust adviser may provide a notice of proposed action regarding any aspect of the trust administration of the trust within his or her scope of authority.
If a trustee, trust protector or trust adviser provides a notice of proposed action, the trustee, trust protector or trust adviser shall mail the notice of proposed action to every adult beneficiary who, at the time the notice is provided, receives, or is entitled to receive, income under the trust or who would be entitled to receive a distribution of principal if the trust were terminated. A notice of proposed action need not be provided to a person who consents in writing to the proposed action. A consent to a proposed action may be executed before or after the proposed action is taken.
The notice of proposed action must state:

(a) That the notice is provided pursuant to this section;

(b) The name and mailing address of the trustee;

(c) The name and telephone number of a person with whom to communicate for additional information regarding the proposed action;

(d) A description of the proposed action and an explanation of the reason for taking the action;

(e) The time within which objection to the proposed action may be made, which must be not less than 30 days after the notice of proposed action is mailed; and

(f) The date on or after which the proposed action is to be taken or is to be effective.

A beneficiary may object to the proposed action by mailing a written objection to the person providing notice of the proposed action at the address and within the time stated in the notice.
If no beneficiary entitled to receive notice of a proposed action objects to the proposed action and the other requirements of this section are met, the trustee is not liable to any present or future beneficiary with respect to that proposed action.
If the trustee, trust protector or trust adviser received a written objection to the proposed action within the period specified in the notice, the trustee, trust protector or trust adviser or a beneficiary may petition the court for an order to take the action as proposed, take the action with modification or deny the proposed action. A beneficiary who failed to object to the proposed action is not estopped from opposing the proposed action. The burden is on a beneficiary to prove that the proposed action should not be taken or should be modified. If the trustee, trust protector or trust adviser takes the proposed action as approved by the court, the trustee, trust protector or trust adviser is not liable to any beneficiary with respect to that action.
If the trustee, trust protector or trust adviser decides not to take a proposed action for which notice has been provided, the trustee, trust protector or trust adviser shall notify the beneficiaries of his or her decision not to take the proposed action and the reasons for the decision. The trustee, trust protector or trust adviser is not liable to any present or future beneficiary with respect to the decision not to take the proposed action. A beneficiary may petition the court for an order to take the action as proposed. The burden is on the beneficiary to prove that the proposed action should be taken.
If the proposed action for which notice has been proved is an adjustment to principal and income pursuant to NRS 164.795 or 164.796 , the sole remedy a court may order, pursuant to subsections 7 and 8, is to make the adjustment, to make the adjustment with a modification or to order the adjustment not to be made.

(Added to NRS by 2003, 1966 ; A 2009, 800 ; 2015, 3554 )

NRS 164.930

NRS

164.930

Enforceability of certain arbitration provisions; presumption in favor of binding arbitration; appointment of guardian ad litem; contents of arbitration provisions.

A provision in a will or trust instrument requiring the arbitration of disputes other than disputes of the validity of all or a part of a will or trust, between or among one or more beneficiaries or fiduciaries under the will or trust, a settlor of a nontestamentary trust, or any combination of such persons or entities, is enforceable. Such a provision in a will or trust instrument is not subject to the requirements of NRS 597.995 .
Unless otherwise specified in the will or trust, a will or trust provision requiring arbitration shall be presumed to require binding arbitration under NRS 38.206

to 38.248 , inclusive. If an arbitration enforceable under this section is governed under NRS 38.206 to 38.248 , inclusive, the arbitration provision in the will or trust shall be treated as an agreement for the purposes of applying the provisions of NRS 38.206 to 38.248 , inclusive.

The court is authorized to appoint a guardian ad litem at any time during the arbitration procedure to represent the interests of a minor or a person who is incapacitated, unborn, unknown or unascertained, or a designated class of persons who are not ascertained or are not in being. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. The guardian ad litem is entitled to reasonable compensation for services with such compensation to be paid from the principal of the estate or trust whose beneficiaries are represented. The provisions of NRS 164.038 and the common law relating to the doctrine of virtual representation apply to the dispute resolution procedure unless the common law rule or doctrine is inconsistent with the provisions of NRS 164.038 , and any action taken by a court enforcing the judgment is conclusive and binding upon each person receiving actual or constructive notice or who is otherwise virtually represented.
Such arbitration in a provision in a will or trust may include, without limitation:

(a) The number, method of selection and minimum qualifications of arbitrators;

(b) The selection and establishment of arbitration procedures, including, without limitation, the incorporation of the arbitration rules for wills and trusts adopted by the American Arbitration Association;

(d) The scope of discovery;

(e) The burden of proof;

(f) Confidentiality of the arbitration process and the evidence produced during arbitration and discovery;

(g) The awarding of attorneys fees, expert fees and costs;

(h) The time period in which the arbitration must be conducted and deciding an award;

(i) The method of allocating the appointed persons fees and expenses among the parties;

(j) The required appointment of guardians ad litem;

(k) The consequences to a party who fails to act in accordance with such provisions or contests such provisions; and

(l) Other matters which are not inconsistent with

NRS 38.206 to 38.248 , inclusive.

(Added to NRS by 2015, 3549 ; A 2019, 1872 )

SETTLEMENT OF DISPUTES

NRS 165.141

NRS

165.141

Written demand for account by beneficiary: Acceptance or rejection of demand by trustee; limitations on right to demand account.

A beneficiary who has not otherwise been provided with an account pursuant to this chapter may send a written demand for an account to the trustee in accordance with the following procedure:

The demand on the trustee must be sent to the trustee or to the trustees attorney of record and the demand must include, without limitation:

(a) The identity of the demanding beneficiary, including the beneficiarys mailing address or the address of the beneficiarys attorney;

(b) The accounting period for which an account is demanded; and

Within 14 days after the trustee has received a demand for an account from a beneficiary, the trustee shall notify the demanding beneficiary of the trustees acceptance or rejection of the demand or that the trustee intends to seek instructions from the court pursuant to subsection 2 of NRS 165.148 regarding the sufficiency of the demand or the right of the beneficiary to receive an account. The trustee shall:

(a) Provide an account within 60 days after receipt of the demand, unless that time is modified by consent of the beneficiary or by order of the court if the trustee accepts the beneficiarys demand for an account;

(b) Set forth the grounds for rejecting the beneficiarys demand for an account in the notice of rejection and inform the beneficiary that the beneficiary has 60 days in which to petition the court to review the rejection if the trustee rejects the beneficiarys demand for an account; or

(c) File a petition with the court pursuant to NRS 164.015 seeking instructions from the court pursuant to subsection 2 of NRS 165.148 regarding the sufficiency of the demand or the right of the beneficiary to receive an account within 15 days after the receipt of the demand if the trustee intends to seek instructions from the court.

The demand by the beneficiary and the notice of the trustees action thereon must be delivered by first-class mail, personal delivery or commercial carrier. If delivery of the demand or of the notice is in dispute, proof of delivery may be established by a return receipt or other proof of delivery provided by the person making the delivery or by affidavit of the person who arranged for the delivery setting forth the delivery address, the method of delivery arranged for and the actions taken by that person to arrange for the delivery.
If the trustee fails to accept, reject or seek instructions concerning a beneficiarys demand for an account as required by subsection 2, the beneficiarys demand shall be deemed rejected.
A beneficiary is not entitled to demand an account pursuant to this section if the accounting period for which the demand is made is deemed final pursuant to subsection 4 of NRS 165.1214 .

(Added to NRS by 2011, 1474 ; A 2015, 3563 )

NRS 166.170

NRS

166.170

Limitation of actions with respect to transfer of property to trust; certain transfers of property disregarded; limitation of actions against advisers to settlors or trustees and against trustees; transfers to trust.

A person may not bring an action with respect to a transfer of property to a spendthrift trust:

(a) If the person is a creditor when the transfer is made, unless the action is commenced within:

(1) Two years after the transfer is made; or

(2) Six months after the person discovers or reasonably should have discovered the transfer,

Ê whichever is later.

(b) If the person becomes a creditor after the transfer is made, unless the action is commenced within 2 years after the transfer is made.

A person shall be deemed to have discovered a transfer at the time a public record is made of the transfer, including, without limitation, the conveyance of real property that is recorded in the office of the county recorder of the county in which the property is located or the filing of a financing statement pursuant to chapters 104 to 104C , inclusive, of NRS.
A creditor may not bring an action with respect to transfer of property to a spendthrift trust unless a creditor can prove by clear and convincing evidence that the transfer of property was a fraudulent transfer pursuant to chapter 112 of NRS or that the transfer violates a legal obligation owed to the creditor under a contract or a valid court order that is legally enforceable by that creditor. In the absence of such clear and convincing proof, the property transferred is not subject to the claims of the creditor. Proof by one creditor that a transfer of property was fraudulent or wrongful does not constitute proof as to any other creditor and proof of a fraudulent or wrongful transfer of property as to one creditor shall not invalidate any other transfer of property.
If property transferred to a spendthrift trust is conveyed to the settlor or to a beneficiary for the purpose of obtaining a loan secured by a mortgage or deed of trust on the property and then reconveyed to the trust, for the purpose of subsection 1, the transfer is disregarded and the reconveyance relates back to the date the property was originally transferred to the trust. The mortgage or deed of trust on the property shall be enforceable against the trust.
A person may not bring a claim against an adviser to the settlor or trustee of a spendthrift trust unless the person can show by clear and convincing evidence that the adviser acted in violation of the laws of this State, knowingly and in bad faith, and the advisers actions directly caused the damages suffered by the person.
A person other than a beneficiary or settlor may not bring a claim against a trustee of a spendthrift trust unless the person can show by clear and convincing evidence that the trustee acted in violation of the laws of this State, knowingly and in bad faith, and the trustees actions directly caused the damages suffered by the person. As used in this subsection, trustee includes a cotrustee, if any, and a predecessor trustee.
If more than one transfer is made to a spendthrift trust:

(a) The subsequent transfer to the spendthrift trust must be disregarded for the purpose of determining whether a person may bring an action pursuant to subsection 1 with respect to a prior transfer to the spendthrift trust; and

(b) Any distribution to a beneficiary from the spendthrift trust shall be deemed to have been made from the most recent transfer made to the spendthrift trust.

Notwithstanding any other provision of law, no action of any kind, including, without limitation, an action to enforce a judgment entered by a court or other body having adjudicative authority, may be brought at law or in equity against the trustee of a spendthrift trust if, as of the date the action is brought, an action by a creditor with respect to a transfer to the spendthrift trust would be barred pursuant to this section.
For purposes of this section, if a trustee exercises his or her discretion or authority to distribute trust income or principal to or for a beneficiary of the spendthrift trust, by appointing the property of the original spendthrift trust in favor of a second spendthrift trust for the benefit of one or more of the beneficiaries as authorized by NRS 163.556 , the time of the transfer for purposes of this section shall be deemed to have occurred on the date the settlor of the original spendthrift trust transferred assets into the original spendthrift trust, regardless of the fact that the property of the original spendthrift trust may have been transferred to a second spendthrift trust.
As used in this section:

(a) Adviser means any person, including, without limitation, an accountant, attorney or investment adviser, who gives advice concerning or was involved in the creation of, transfer of property to, or administration of the spendthrift trust or who participated in the preparation of accountings, tax returns or other reports related to the trust.

(b) Creditor has the meaning ascribed to it in subsection 4 of NRS 112.150 .

(Added to NRS by 1999, 1236 ; A 2007, 894 ; 2009, 803 ; 2011, 1481 )

NRS 17.117

NRS

17.117

Offer of judgment.

At any time more than 21 days before trial, any party may serve an offer in writing to allow judgment to be taken in accordance with the terms and conditions of the offer. Unless otherwise specified, an offer made under this section is an offer to resolve all claims in the action between the parties to the date of the offer, including costs, expenses, interest and, if attorneys fees are permitted by law or contract, attorneys fees.
An apportioned offer of judgment to more than one party may be conditioned upon the acceptance by all parties to whom the offer is directed.
A joint offer may be made by multiple offerors.
An offer made to multiple defendants will invoke the penalties of this section only if:

(a) There is a single common theory of liability against all the offeree defendants, such as where the liability of some is entirely derivative of the others or where the liability of all is derivative of common acts by another; and

(b) The same entity, person or group is authorized to decide whether to settle the claims against the offerees.

An offer made to multiple plaintiffs will invoke the penalties of this section only if:

(a) The damages claimed by all the offeree plaintiffs are solely derivative, such as where the damages claimed by some offerees are entirely derivative of an injury to the others or where the damages claimed by all offerees are derivative of an injury to another; and

(b) The same entity, person or group is authorized to decide whether to settle the claims of the offerees.

Within 14 days after service of the offer, the offeree may accept the offer by serving written notice that the offer is accepted.
Within 21 days after service of written notice that the offer is accepted, the obligated party may pay the amount of the offer and obtain dismissal of the claims, rather than entry of a judgment.
If the claims are not dismissed, at any time after 21 days after service of written notice that the offer is accepted, either party may file the offer and notice of acceptance together with proof of service. The clerk must then enter judgment accordingly. The court must allow costs in accordance with NRS 18.110

unless the terms of the offer preclude a separate award of costs. Any judgment entered under this subsection must be expressly designated a compromise settlement.

If the offer is not accepted within 14 days after service, the offer will be considered rejected by the offeree and deemed withdrawn by the offeror. Evidence of the offer is not admissible except in a proceeding to determine costs, expenses and fees. The fact that an offer is made but not accepted does not preclude a subsequent offer. With offers to multiple offerees, each offeree may serve a separate acceptance of the apportioned offer, but if the offer is not accepted by all offerees, the action will proceed as to all offerees. Any offeree who fails to accept the offer may be subject to the penalties of this section.
If the offeree rejects an offer and fails to obtain a more favorable judgment:

(a) The offeree may not recover any costs, expenses or attorneys fees and may not recover interest for the period after the service of the offer and before the judgment; and

(b) The offeree must pay the offerors post-offer costs and expenses, including a reasonable sum to cover any expenses incurred by the offeror for each expert witness whose services were reasonably necessary to prepare for and conduct the trial of the case, applicable interest on the judgment from the time of the offer to the time of the entry of the judgment and reasonable attorneys fees, if any allowed, actually incurred by the offeror from the time of the offer. If the offerors attorney is collecting a contingent fee, the amount of any attorneys fees awarded to the party for whom the offer is made must be deducted from that contingency fee.

The penalties in this section run from the date of service of the earliest rejected offer for which the offeree failed to obtain a more favorable judgment.
To invoke the penalties of this section, the court must determine if the offeree failed to obtain a more favorable judgment. If the offer provided that costs, expenses, interests and, if attorneys fees are permitted by law or contract, attorneys fees would be added by the court, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs, expenses, interest and, if attorneys fees are permitted by law or contract, attorneys fees. If a party made an offer in a set amount that precluded a separate award of costs, expenses, interest and, if attorneys fees are permitted by law or contract, attorneys fees, the court must compare the amount of the offer, together with the offerees pre-offer taxable costs, expenses, interest and, if attorneys fees are permitted by law or contract, attorneys fees with the principal amount of the judgment.
When the liability of one party to another has been determined by verdict, order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which has the same effect as an offer made before trial if it is served within a reasonable time not less than 14 days before the commencement of hearings to determine the amount or extent of liability.

(Added to NRS by 2019, 274 )

MANNER OF GIVING AND ENTERING

NRS 17.370

NRS

17.370

Stay of enforcement of foreign judgment.

If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, including, without limitation, a showing that an appeal is pending or will be taken, that a stay has been granted, requested or will be requested, or that the time for taking an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state, including, without limitation, security determined pursuant to NRS 20.035 or 20.037 , if applicable.

(Added to NRS by 1979, 1497 ; A 2001, 1006 ; 2015, 1520 )

NRS 17.630

NRS

17.630

Enforcement of foreign judgments.

If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in NRS 17.600 , whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.

(Added to NRS by 1993, 197 )

NRS 17.935

NRS

17.935

Notice of registration.

A person that registers a Canadian judgment under NRS 17.925 shall cause notice of registration to be served on the person against whom the judgment has been registered.
Notice under this section must be served in the same manner that a summons and complaint must be served in an action seeking recognition under NRS 17.770

of a foreign-country money judgment.

Notice under this section must include:

(a) The date of registration and court in which the judgment was registered;

(b) The docket number assigned to the registration;

(1) The person registering the judgment; and

(2) The persons attorney, if any;

(d) A copy of the registration, including the documents required under subsection 2 of NRS 17.925 ; and

(e) A statement that:

(1) The person against whom the judgment has been registered, not later than 30 days after the date of service of notice, may petition the court to vacate the registration; and

(2) The court for cause may provide for a shorter or longer time.

Proof of service of notice under this section must be filed with the clerk of the court.

(Added to NRS by 2021, 513 )

NRS 171.045

NRS

171.045

Offenses concerning animals ranging in two or more counties.

When a public offense concerns any neat cattle, horse, mule or other animal running at large upon any range which extends into more than one county of this state, such offense may be prosecuted in either of the counties, and, upon the trial of any such offense, proof that such animal is the property of the owner, or person occupying the range, and was at the time the offense was committed running at large upon the range, shall be prima facie evidence that the offense was committed within the jurisdiction of the court.

[1911 Cr. Prac. § 64; RL § 6914; NCL § 10712]

NRS 171.1773

NRS

171.1773

Form and contents of citation: When person detained by peace officer.

Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not taken before a magistrate as required or permitted by NRS 171.177 , 171.1771 or 171.1772 , the peace officer must prepare a misdemeanor citation manually or electronically in the form of a complaint issuing in the name of The State of Nevada or in the name of the respective county, city or town, containing a notice to appear in court, the name and address of the person, the state registration number of the persons vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation.
The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184 .
The person charged with the violation may give a written promise to appear in court by signing at least one copy of the misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave a written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave a written promise to appear suffices as proof of service.

(Added to NRS by 1973, 156 ; A 1991, 16 ; 1999, 1141 ; 2021, 3455 )

NRS 171.1774

NRS

171.1774

Form and contents of citation: When issued after arrest by private person.

In those instances described in NRS 171.1772 , the peace officer summoned after the arrest shall prepare a misdemeanor citation manually or electronically in the form of a complaint issuing in the name of The State of Nevada or in the name of the respective county, city or town, and containing:

(a) A notice to appear in court;

(b) The name and address of the person;

(d) The offense charged, including a brief description of the offense and the NRS or ordinance citation;

(e) The time when and place where the person is required to appear in court;

(f) Such other pertinent information as may be necessary; and

(g) The signatures of the private person making the arrest and the peace officer preparing the citation.

The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184 .
The person charged with the violation may give a written promise to appear in court by signing at least one copy of the misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave a written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave a written promise to appear suffices as proof of service.

(Added to NRS by 1973, 1157 ; A 1991, 16 ; 1999, 1142 )

NRS 174.035

NRS

174.035

Types of pleas; procedure for entering plea.

A defendant may plead not guilty, guilty, guilty but mentally ill or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty or guilty but mentally ill.
If a plea of guilty or guilty but mentally ill is made in a written plea agreement, the agreement must be in substantially the form prescribed in NRS 174.063 . If a plea of guilty or guilty but mentally ill is made orally, the court shall not accept such a plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea.
With the consent of the court and the district attorney, a defendant may enter a conditional plea of guilty, guilty but mentally ill or nolo contendere, reserving in writing the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. A defendant who prevails on appeal must be allowed to withdraw the plea.
Upon an unconditional waiver of a preliminary hearing, a defendant and the district attorney may enter into a written conditional plea agreement, subject to the court accepting the recommended sentence pursuant to the agreement.
A plea of guilty but mentally ill must be entered not less than 21 days before the date set for trial. A defendant who has entered a plea of guilty but mentally ill has the burden of establishing the defendants mental illness by a preponderance of the evidence. Except as otherwise provided by specific statute, a defendant who enters such a plea is subject to the same criminal, civil and administrative penalties and procedures as a defendant who pleads guilty.
The defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity. A plea of not guilty by reason of insanity must be entered not less than 21 days before the date set for trial. A defendant who has not so pleaded may offer the defense of insanity during trial upon good cause shown. Under such a plea or defense, the burden of proof is upon the defendant to establish by a preponderance of the evidence that:

(a) Due to a disease or defect of the mind, the defendant was in a delusional state at the time of the alleged offense; and

(b) Due to the delusional state, the defendant either did not:

(1) Know or understand the nature and capacity of his or her act; or

(2) Appreciate that his or her conduct was wrong, meaning not authorized by law.

If a defendant refuses to plead or if the court refuses to accept a plea of guilty or guilty but mentally ill or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
A defendant may not enter a plea of guilty or guilty but mentally ill pursuant to a plea bargain for an offense punishable as a felony for which:

(a) Probation is not allowed; or

(b) The maximum prison sentence is more than 10 years,

Ê unless the plea bargain is set forth in writing and signed by the defendant, the defendants attorney, if the defendant is represented by counsel, and the prosecuting attorney.

If the court accepts a plea of guilty but mentally ill pursuant to this section, the court shall cause, within 5 business days after acceptance of the plea, on a form prescribed by the Department of Public Safety, a record of that plea to be transmitted to the Central Repository for Nevada Records of Criminal History along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
As used in this section:

(a) Disease or defect of the mind does not include a disease or defect which is caused solely by voluntary intoxication.

(b) National Instant Criminal Background Check System has the meaning ascribed to it in NRS 179A.062 .

(Added to NRS by 1967, 1415 ; A 1991, 301 , 1062 ;

1995, 1534 , 2450 ;

1997, 641 ; 2003, 1457 ; 2007, 1405 ; 2009, 2484 ; 2015, 1795 ; 2017, 1246 )

NRS 174.085

NRS

174.085

Proceedings not constituting acquittal; effect of acquittal on merits; proceedings constituting bar to another prosecution; retrial after discharge of jury; effect of voluntary dismissal.

If a defendant was formerly acquitted on the ground of a variance between the indictment, information or complaint and proof, or the indictment, information, or complaint was dismissed upon an objection to its form or substance, or in order to hold a defendant for a higher offense without a judgment of acquittal, it is not an acquittal of the same offense.
If a defendant is acquitted on the merits, the defendant is acquitted of the same offense, notwithstanding a defect in the form or substance in the indictment, information, or complaint on which the trial was had.
When a defendant is convicted or acquitted, or has been once placed in jeopardy upon an indictment, information or complaint, except as otherwise provided in subsections 5 and 6, the conviction, acquittal or jeopardy is a bar to another indictment, information or complaint for the offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which the defendant might have been convicted under that indictment, information or complaint.
In all cases where a jury is discharged or prevented from giving a verdict by reason of an accident or other cause, except where the defendant is discharged during the progress of the trial or after the cause is submitted to them, the cause may be again tried.
The prosecuting attorney, in a case that the prosecuting attorney has initiated, may voluntarily dismiss a complaint:

(a) Before a preliminary hearing if the crime with which the defendant is charged is a felony or gross misdemeanor; or

(b) Before trial if the crime with which the defendant is charged is a misdemeanor,

Ê without prejudice to the right to file another complaint, unless the State of Nevada has previously filed a complaint against the defendant which was dismissed at the request of the prosecuting attorney. After the dismissal, the court shall order the defendant released from custody or, if the defendant is released on bail, exonerate the obligors and release any bail.

If a prosecuting attorney files a subsequent complaint after a complaint concerning the same matter has been filed and dismissed against the defendant:

(a) The case must be assigned to the same judge to whom the initial complaint was assigned; and

(b) A court shall not issue a warrant for the arrest of a defendant who was released from custody pursuant to subsection 5 or require a defendant whose bail has been exonerated pursuant to subsection 5 to give bail unless the defendant does not appear in court in response to a properly issued summons in connection with the complaint.

The prosecuting attorney, in a case that the prosecuting attorney has initiated, may voluntarily dismiss an indictment or information before the actual arrest or incarceration of the defendant without prejudice to the right to bring another indictment or information. After the arrest or incarceration of the defendant, the prosecuting attorney may voluntarily dismiss an indictment or information without prejudice to the right to bring another indictment or information only upon good cause shown to the court and upon written findings and a court order to that effect.

(Added to NRS by 1967, 1416 ; A 1971, 596 ; 1997, 2391 )

NRS 174.415

NRS

174.415

Summoning witness in this State to testify in another state.

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this State certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this State is a material witness in such prosecution, or grand jury investigation, and that the persons presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence (and of any other state through which the witness may be required to pass by ordinary course of travel), will give the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witnesss attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before the judge for hearings; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the amount required by NRS 50.225 for subsistence and travel expenses, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.

(Added to NRS by 1967, 1421 ; A 1987, 550 )

NRS 175.241

NRS

175.241

Proof of corporate existence generally.

If, upon a trial or proceeding in a criminal case, the existence, constitution or powers of any corporation shall become material, or be in any way drawn in question, it is not necessary to produce a certified copy of the articles or acts of incorporation, but the same may be proved by general reputation, or by the printed statutes of the state, or government, or country by which such corporation was created.

(Added to NRS by 1967, 1428 )

NRS 175.251

NRS

175.251

Conspiracy: Allegation and proof of overt act; evidence of overt acts not alleged.

Upon a trial for conspiracy, in a case where an overt act shall be necessary to constitute the offense, the defendant shall not be convicted unless one or more overt acts shall be expressly alleged in the indictment or information, nor unless one of the acts alleged shall have been proved; but other overt acts not alleged may be given in evidence.

(Added to NRS by 1967, 1428 )

NRS 176.016

NRS

176.016

Court may order certain homeless defendants to complete program; waiver or reduction of fines, administrative assessments and fees.

A justice court, municipal court or district court, as applicable, that has jurisdiction over an eligible defendant who is charged with or convicted of an eligible offense may order the eligible defendant to complete a program of treatment.
Notwithstanding any other provision of law, a court that orders an eligible defendant to complete a program of treatment pursuant to this section may waive or reduce any fine, administrative assessment or fee that would otherwise be imposed upon the eligible defendant for commission of the eligible offense pursuant to specific statute.
As used in this section:

(a) Eligible defendant means a homeless person who is charged with or convicted of an eligible offense.

(b) Eligible offense means a violation of any local ordinance prohibiting public urination or defecation or possession of an open container of an alcoholic beverage, or the same or similar conduct, or a violation of the following statutory provisions, or any local ordinance prohibiting the same or similar conduct, that is punishable as a misdemeanor:

(1) NRS 202.450 .

(2) NRS 205.860 .

(3) NRS 206.010 .

(4) NRS 206.140 .

(5) NRS 206.310 .

(6) NRS 207.200 .

(1) Who lacks a fixed, regular and adequate residence;

(2) With a primary residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, without limitation, a car, a park, an abandoned building, a bus or train station, an airport or a camping ground; or

(3) Living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements, including, without limitation, transitional housing, hotels or motels paid for by any federal, state or local governmental program or any charitable organization.

Ê For the purpose of this paragraph, a person shall be deemed to be a homeless person if the person provides sufficient proof to the court that the person meets the criteria set forth in subparagraph (1), (2) or (3) or the person has recently used public services for homeless persons or if a public or private agency or entity that provides services to homeless persons provides sufficient proof to the court that the person is a homeless person.

(d) Program of treatment means a preprosecution diversion program, specialty court program or other program designed to assist homeless persons that is established pursuant to NRS 174.032 , 176A.230 , 176A.250 , 176A.280 , 433A.335 or another specific statute or by court rule or court order.

(Added to NRS by 2023, 1795 )

NRS 178.484

NRS

178.484

Right to bail before conviction; exceptions; specific requirements for certain offenses.

Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.
A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person be admitted to bail;

(b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or

(c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person be admitted to bail; or

(b) A department of alternative sentencing directs the detention facility to admit the person to bail.

A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
A person arrested for a violation of NRS 484C.110 , 484C.120 , 484C.130 , 484C.430 , 488.410 , 488.420

or 488.425 who is under the influence of intoxicating liquor must not be admitted to bail or released on the persons own recognizance unless the person has a concentration of alcohol of less than 0.04 in his or her breath. A test of the persons breath pursuant to this subsection to determine the concentration of alcohol in his or her breath as a condition of admission to bail or release is not admissible as evidence against the person.

A person arrested for a violation of NRS 484C.110 , 484C.120 , 484C.130 , 484C.430 , 488.410 , 488.420

or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle, a power-driven vessel or a sailing vessel under way must not be admitted to bail or released on the persons own recognizance sooner than 12 hours after arrest.

A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after arrest. If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;

(b) Five thousand dollars, if the person has:

(1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 , but there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

(2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 , but there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

(1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

(2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 .

A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100 , inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 , or for violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 must not be admitted to bail sooner than 12 hours after arrest if:

(a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

(b) The person has previously violated a temporary or extended order for protection of the type for which the person has been arrested; or

(1) A concentration of alcohol of 0.08 or more in the persons blood or breath; or

(2) An amount of a prohibited substance in the persons blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110 .

If a person is admitted to bail more than 12 hours after arrest, pursuant to subsection 8, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100 , inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 , or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 ;

(b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100 , inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 , or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 ; or

(c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100 , inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 , or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 .

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100 , inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 , or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 , if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100 , inclusive.
As used in this section, strangulation has the meaning ascribed to it in NRS 200.481 .

(Added to NRS by 1967, 1451 ; A 1971, 496 ; 1973, 1802 ; 1975, 1201 ; 1977, 1545 ; 1981, 1585 ; 1985, 2171 ; 1987, 554 ; 1995, 26 , 2293 ;

1997, 610 , 1478 ,

3357 ;

1999, 669 , 2064 ;

2001, 1223 , 2571 ;

2007, 50 , 1017 ;

2009, 93 , 234 ,

1880 ;

2017, 318 ; 2021, 3575 ; 2023, 556 )

NRS 178.4851

NRS

178.4851

Imposition of bail or conditions of release; signing and filing of document; arrest for violation of condition.

Except as otherwise provided in subsection 4, the court shall only impose bail or a condition of release, or both, on a person as it deems to be the least restrictive means necessary to protect the safety of the community or to ensure that the person will appear at all times and places ordered by the court, with regard to the factors set forth in NRS 178.4853 and 178.498 . Such conditions of release may include, without limitation:

(a) Requiring the person to remain in this State or a certain county within this State;

(b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the persons behalf;

(d) Prohibiting the person from possessing a firearm during the pendency of the case; or

(e) Prohibiting the person from engaging in specific conduct that may be harmful to the persons own health, safety or welfare, or the health, safety or welfare of another person.

A prosecuting attorney may request that a court impose bail or a condition of release, or both, on a person. If the request includes the imposition of bail, the prosecuting attorney must prove by clear and convincing evidence that the imposition of bail is necessary to protect the safety of the community or to ensure that the person will appear at all times and places ordered by the court, with regard to the factors set forth in NRS 178.4853 and 178.498 .
If a court imposes bail or any condition of release, or both, other than release on recognizance with no other conditions of release, the court shall make findings of fact for such a determination and state its reasoning on the record, and, if the determination includes the imposition of a condition of release, the findings of fact must include why the condition of release constitutes the least restrictive means necessary to protect the safety of the community or to ensure that the person will appear at the times and places ordered by the court.
A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
The person must sign a document before the persons release stating that:

(a) The person will appear at all times and places as ordered by the court releasing the person and as ordered by any court before which the charge is subsequently heard;

(b) The person will comply with the other conditions which have been imposed by the court and are stated in the document;

(c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings; and

(d) The person understands that any court of competent jurisdiction may revoke the order of release without bail and may order the person into custody or require the person to furnish bail or otherwise ensure the protection of the safety of the community or the persons appearance, if applicable.

The document signed pursuant to subsection 5 must be filed with the clerk of the court of competent jurisdiction and becomes effective upon the signature of the person to be released.
If a person fails to comply with a condition of release imposed pursuant to this section, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

(a) Deem such conduct a contempt pursuant to NRS 22.010 ;

(b) Impose such additional conditions of release as the court deems necessary to protect the safety of the community or to ensure the person will appear at the times and places ordered by the court;

(d) Revoke bail and remand the person into custody.

If a person fails to appear as ordered by the court and a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.
An order issued pursuant to this section that imposes a condition on a person must include a provision ordering a law enforcement officer to arrest the person if the law enforcement officer has probable cause to believe that the person has violated a condition of release.
Nothing in this section shall be construed to require a court to receive the request of a prosecuting attorney before imposing a condition of release.

(Added to NRS by 1981, 1584 ; A 1987, 454 ; 1997, 3359 ; 2001, 1226 ; 2007, 53 , 1020 ;

2021, 3579 ; 2023, 2505 )

NRS 178.487

NRS

178.487

Bail after arrest for felony offense committed while on bail.

Every release on bail with or without security is conditioned upon the defendants good behavior while so released, and upon a showing that the proof is evident or the presumption great that the defendant has committed a felony during the period of release, the defendants bail may be revoked, after a hearing, by the magistrate who allowed it or by any judge of the court in which the original charge is pending. Pending such revocation, the defendant may be held without bail by order of the magistrate before whom the defendant is brought after an arrest upon the second charge.

(Added to NRS by 1971, 574 ; A 1973, 348 )

NRS 178.700

NRS

178.700

Procedure for making request; time for responding; withdrawal of request; notice of receipt of detainer.

If the Attorney General, a prosecuting attorney or an agency of criminal justice in this State receives a request from the Department of Corrections, it shall respond in writing within 14 working days setting forth any charges that are pending against the offender.
If the Attorney General, a prosecuting attorney or an agency of criminal justice indicates in its response pursuant to subsection 1 that felony charges are pending against an offender, it shall, or if misdemeanor charges are pending against an offender, it may, request in the response that upon release of the offender from the custody of the Department of Corrections, the Department release the offender to an agency of criminal justice in this State that is authorized to detain a person pending prosecution. The Attorney General, a prosecuting attorney or an agency of criminal justice may submit such a request to the Department of Corrections at any other time, if charges are filed against an offender.
If an offender is convicted, acquitted or the charges are dropped after a request was submitted pursuant to this section, the Attorney General, prosecuting attorney or agency of criminal justice who submitted the request shall withdraw the request by providing a certified copy of the judgment to the Department of Corrections if the offender was convicted or acquitted, or by providing proof to the Department that the charges were dropped.
The Attorney General, a prosecuting attorney or an agency of criminal justice shall notify the Department of Corrections upon receipt of a detainer against an inmate from another jurisdiction who is transferred to the custody of the Department of Corrections.

(Added to NRS by 1997, 917 ; A 2001 Special Session, 223 )

MISCELLANEOUS PROVISIONS

NRS 179.1173

NRS

179.1173

Proceedings for forfeiture: Priority over other civil matters; order to stay; standard of proof; conviction of claimant not required; confidentiality of informants; return of property to claimant; forfeiture as part of plea or stipulated agreement.

Except as otherwise provided in subsection 2, the district court shall proceed as soon as practicable to a trial and determination of the matter. A proceeding for forfeiture is entitled to priority over other civil actions which are not otherwise entitled to priority.
At a proceeding for forfeiture, the court shall issue an order staying the proceeding that remains in effect while the criminal action which is the basis of the proceeding is pending trial. The court shall lift the stay after the trial is completed. If the claimant is acquitted during the trial, the property of the claimant must be returned to the claimant within 7 business days after the acquittal.
If property has been seized and the criminal charges against the owner of such property are denied or dismissed, all such property must be returned to the owner within 7 business days after the criminal charges are denied or dismissed.
The plaintiff in a proceeding for forfeiture must establish proof by clear and convincing evidence that the property is subject to forfeiture.
In a proceeding for forfeiture, the rule of law that forfeitures are not favored does not apply.
The plaintiff is not required to plead or prove that a claimant has been charged with or convicted of any criminal offense. If proof of such a conviction is made, and it is shown that the judgment of conviction has become final, the proof is, as against any claimant, conclusive evidence of all facts necessary to sustain the conviction.
The plaintiff has an absolute privilege to refuse to disclose the identity of any person, other than a witness, who has furnished to a law enforcement officer information purporting to reveal the commission of a crime. The privilege may be claimed by an appropriate representative of the plaintiff.
If the court determines that the property is not subject to forfeiture, the court shall order the property and any interest accrued pursuant to subsection 2 of NRS 179.1175 returned to the claimant found to be entitled to the property within 7 business days after the order is issued. If the court determines that the property is subject to forfeiture, the court shall so decree. The property, including any interest accrued pursuant to subsection 2 of NRS 179.1175 , must be forfeited to the plaintiff, subject to the right of any claimant who establishes a protected interest. Any such claimant must, upon the sale or retention of the property, be compensated for the claimants interest in the manner provided in NRS 179.118 .
A claimant who agrees to enter a plea of guilty, guilty but mentally ill or nolo contendere to criminal charges relating to the seized property or reaches a stipulated agreement with the plaintiff may agree to the forfeiture of any property as part of the plea or agreement.
If the court accepts a plea or stipulated agreement pursuant to subsection 9, the court shall order forfeiture of the property that the claimant agreed to forfeit pursuant to the plea or agreement.

(Added to NRS by 1987, 1382 ; A 2001, 874 ; 2015, 2502 )

NRS 179.1229

NRS

179.1229

Property subject to civil forfeiture; required proof; where action must be instituted.

Except as otherwise provided in subsection 2, all property used in the course of, intended for use in the course of, derived from or gained through a technological crime is subject to civil forfeiture to the State.
Upon a showing by the owner of the property of the requisite facts, the following is not subject to forfeiture under this section:

(a) Except as otherwise provided in paragraph (b), property used without the knowledge or consent of its owner; and

(b) A means of transportation used by a person in the transaction of business as a common carrier unless it appears the owner or person in charge of the common carrier consented to or had knowledge of the technological crime.

The State is not required to plead or prove that a person has been charged with or convicted of any technological crime. If proof of such conviction is made, and it is shown that the judgment of conviction has become final, the proof against any person is conclusive evidence of all facts necessary to sustain the conviction.
Any civil action or proceeding under this section must be instituted in the district court of the State in the county in which the prospective defendant resides or has committed any act which subjects the prospective defendant to criminal or civil liability pursuant to the provisions of NRS 179.1211

to 179.1235 , inclusive.

(Added to NRS by 2007, 203 )

NRS 179.135

NRS

179.135

Order for delivery to owner; payment of expenses.

On satisfactory proof of the title of the owner of the property, the magistrate to whom the information is laid, or who shall examine the charge against the person accused of stealing or embezzling the property, may order it to be delivered to the owner, on the owners paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate. The order shall entitle the owner to demand and receive the property.

(Added to NRS by 1967, 1460 )

NRS 179.145

NRS

179.145

Magistrate to deliver property to owner when it comes into magistrates custody; proof of title and payment of expenses.

If the property stolen or embezzled come into the custody of the magistrate, it shall be delivered to the owner on satisfactory proof of title, and on the owners paying the necessary expenses incurred in its preservation, to be certified by the magistrate.

(Added to NRS by 1967, 1461 )

NRS 179.155

NRS

179.155

Court may order return of property to owner.

If the property stolen or embezzled has not been delivered to the owner, the court before which a conviction is had for stealing or embezzling it may, on proof of title, order it to be restored to the owner.

(Added to NRS by 1967, 1461 )

NRS 179.273

NRS

179.273

Sealing of records after unconditional pardon: Automatic sealing; petition; no fee.

If a court and the Central Repository for Nevada Records of Criminal History receive a certified copy of an unconditional pardon from the State Board of Pardons Commissioners, the court and the Central Repository for Nevada Records of Criminal History shall seal all records of criminal history subject to the pardon.
If a person receives a pardon from the State Board of Pardons Commissioners, the person may submit a written petition, accompanied by proof of the pardon, to any court in which the person was convicted for the sealing of all records of criminal history in its possession and in the possession of any agency of criminal justice relating to the charges for which the person received the pardon.
A petition submitted to a court pursuant to this section is not subject to review by the prosecuting attorney or an agency of criminal justice.
The court shall grant a petition submitted to the court pursuant to this section unless the charges listed in the petition are different from the charges listed in the pardon.
No fee may be charged by any court or agency of criminal justice for the submission of a petition pursuant to this section.

(Added to NRS by 2021, 2591 )

NRS 179.285

NRS

179.285

Order sealing records: Effect; proceedings deemed never to have occurred; restoration of civil rights.

Except as otherwise provided in NRS 179.301 :

If the court orders a record sealed pursuant to NRS 34.970 , 174.034 , 176.211 ,

176A.245 , 176A.265 , 176A.295 , 179.245 , 179.247 ,

179.255 , 179.259 , 179.2595 ,

179.271 , 201.354 or 453.3365 :

(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.

(b) The person is immediately restored to the following civil rights if the persons civil rights previously have not been restored:

(1) The right to vote;

(2) The right to hold office; and

(3) The right to serve on a jury.

Upon the sealing of the persons records, a person who is restored to his or her civil rights pursuant to subsection 1 must be given:

(a) An official document which demonstrates that the person has been restored to the civil rights set forth in paragraph (b) of subsection 1; and

(b) A written notice informing the person that he or she has not been restored to the right to bear arms, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms.

A person who has had his or her records sealed in this State or any other state and whose official documentation of the restoration of civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has had his or her records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.
A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.

(Added to NRS by 1971, 956 ; A 1981, 1105 ; 1991, 304 ; 2001, 1169 , 1694 ;

2001 Special Session, 262 ; 2003, 312 , 316 ,

319 ,

2687 ;

2009, 108 , 420 ;

2011, 22 ; 2017, 1485 , 1655 ,

2418 ,

3015 ;

2019, 1460 , 2981 ,

4409 )

NRS 179.330

NRS

179.330

Search warrant.

A search warrant may be in substantially the following form:

Search Warrant

State of Nevada }

}ss.

County of...................................... }

The State of Nevada, to any peace officer in the County of ................. Proof by affidavit having been made before me by (naming every person whose affidavit has been taken) that (stating the grounds or probable cause for issuance).

You are hereby commanded to search (naming the person or describing with reasonable particularity the place to be searched) for the following property (describing it with reasonable particularity), making the search (in the daytime or at any time, as determined by the magistrate) and if any such property is found there to seize it, prepare a written inventory of the property seized and bring the property before me (or another designated magistrate).

Dated at .............................., this ....... day of the month of ........... of the year .......

.......................................................................................

(Signature and official title of magistrate)

(Added to NRS by 1967, 1462 ; A 2001, 40 )

NRS 18.130

NRS

18.130

When plaintiff may be required to secure costs; affidavits of sureties; dismissal of action if undertaking not filed.

When a plaintiff in an action resides out of the State, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant, by the filing and service on plaintiff of a written demand therefor within the time limited for answering the complaint. When so required, all proceedings in the action shall be stayed until an undertaking, executed by two or more persons, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of $500; or in lieu of such undertaking, the plaintiff may deposit $500, lawful money, with the clerk of the court, subject to the same conditions as required for the undertaking. The plaintiff, upon filing the undertaking or depositing the security, shall notify the defendant of such filing or deposit, and the defendant, after receipt of such notice, shall have 10 days or the period allowed under N.R.C.P. 12 (a), whichever is longer, in which to answer or otherwise plead to the complaint.
A new or an additional undertaking may be ordered by the court or judge upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking be executed and filed.
Each of the sureties on the undertaking mentioned in subsection 1 shall annex to the same an affidavit that the surety is a resident and householder, or freeholder, within the county and is worth double the amount specified in the undertaking, over and above all the suretys just debts and liabilities, exclusive of property exempt from execution.
After the lapse of 30 days from the service of notice that security is required, or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the court or judge may order the action to be dismissed.

[1911 CPA § 447; A 1939, 20 ; 1931 NCL § 8936] + [1911 CPA § 448; RL § 5390; NCL § 8937] + [1911 CPA § 449; RL § 5391; NCL § 8938]—(NRS A 1969, 632 ; 1971, 243 )

NRS 193.1675

NRS

193.1675

Commission of crime because of certain actual or perceived characteristics of person or group of persons; burden of proof.

Except as otherwise provided in NRS 193.169 , any person who, because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons, willfully violates any provision of NRS 200.030 , 200.050 , 200.280 ,

200.310 , 200.366 , 200.380 ,

200.400 , 200.460 to 200.465 , inclusive, paragraph (b) of subsection 2 of NRS 200.471 , NRS 200.481 which is punishable as a felony, NRS 200.508 , 200.5099 , subsection 2 of NRS 200.575 , NRS 202.448 , 205.010 to 205.025 , inclusive, 205.060 , 205.067 ,

205.075 , NRS 205.0832 which is punishable as a felony, NRS 205.220 , 205.226 , 205.228 ,

205.270 , 206.150 , NRS 206.330 which is punishable as a felony or NRS 207.190 may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of any additional penalty imposed, the court shall consider the following information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(d) Any mitigating factors presented by the person; and

(e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of any additional penalty imposed.

For the purposes of this section, a person willfully violates any provision of law listed in subsection 1 because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons if the existence of any such protected characteristic is the primary cause in fact for the commission of the crime, regardless of whether one or more other causes for the commission of the crime exist. For an additional penalty to be imposed pursuant to this section, the prosecuting attorney must prove beyond a reasonable doubt that the person would not have committed the crime but for the existence of such a protected characteristic.
If a person willfully violates any provision of law listed in subsection 1, any comment made by the person about the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons that the court determines is incidental must not be the sole basis for imposing an additional penalty pursuant to this section, but may be considered in conjunction with other evidence as to the motivation of the person for committing the crime.
A sentence imposed pursuant to this section:

(a) Must not exceed the sentence imposed for the crime; and

(b) Runs consecutively with the sentence prescribed by statute for the crime.

This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

(Added to NRS by 1995, 2704 ; A 1997, 59 , 1347 ;

2001, 664 ; 2005, 87 ; 2007, 3191 ; 2013, 64 , 1852 ;

2021, 1530 )

NRS 194.010

NRS

194.010

Persons capable of committing crimes.

All persons are liable to punishment except those belonging to the following classes:

Children under the age of 8 years.
Children between the ages of 8 years and 10 years, unless the child is charged with murder or a sexual offense as defined in NRS 62F.100 .
Children between the ages of 8 years and 14 years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.
Persons who committed the act charged or made the omission charged in a state of insanity.
Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent, where a specific intent is required to constitute the offense.
Persons who committed the act charged without being conscious thereof.
Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence.
Persons, unless the crime is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.

[1911 C&P § 3; RL § 6268; NCL § 9952]—(NRS A 1979, 145 ; 1981, 1660 ; 1995, 2467 ; 2001 Special Session, 136 ; 2003, 1480 ; 2015, 787 )

NRS 197.100

NRS

197.100

Influencing public officer.

Every person who shall ask or receive any compensation, gratuity or reward, or any promise thereof:

(a) Upon the representation that the person can, directly or indirectly, or in consideration that the person shall, or shall attempt to, directly or indirectly, influence any public officer, whether executive, administrative, judicial or legislative, to refuse, neglect, or defer the performance of any official duty;

(b) The right to retain or receive which shall be conditioned that such person shall, directly or indirectly, successfully influence by any means whatever any executive, administrative or legislative officer, in respect to any act, decision, vote, opinion or other proceeding, as such officer; or

(c) Upon the representation that the person can, directly or indirectly, or in consideration that the person shall, or shall attempt to, directly or indirectly, influence any public officer, whether executive, administrative, judicial or legislative, in respect to any act, decision, vote, opinion or other proceeding, as such officer, unless it be clearly understood and agreed in good faith between the parties thereto, on both sides, that no means or influence shall be employed except explanation and argument upon the merits,

Ê shall be guilty of a gross misdemeanor.

In any prosecution under paragraph (c) of subsection 1, evidence of the means actually employed to influence such officer shall be admitted as proof of the means originally contemplated by the defendant.

[1911 C&P § 65; RL § 6330; NCL § 10014]

NRS 200.020

NRS

200.020

Malice: Express and implied defined.

Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof.
Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.

[1911 C&P § 120; A 1915, 67 ; 1919 RL § 6385; NCL § 10067]

NRS 200.170

NRS

200.170

Burden of proving circumstances of mitigation or justifiable or excusable homicide.

The killing of the deceased named in the indictment or information by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently manifests that the crime committed only amounts to manslaughter, or that the accused was justified, or excused in committing the homicide.

[1911 C&P § 134; A 1951, 524 ]

NRS 201.070

NRS

201.070

Evidence; spouses are competent witnesses.

No other or greater evidence is required to prove the marriage of the spouses, or that the defendant is the parent of the child or children, than is required to prove such facts in a civil action.
In no prosecution under NRS 201.015 to 201.080 , inclusive, does any existing statute or rule of law prohibiting the disclosure of confidential communications between spouses apply, and both spouses are competent witnesses to testify against each other to any and all relevant matters, including the fact of the marriage and the parentage of any child or children, but neither may be compelled to give evidence incriminating himself or herself.
Proof of the failure of the defendant to provide for the support of the spouse, child or children, is prima facie evidence that such failure was knowing.

[6:170:1923; NCL § 10521]—(NRS A 1985, 64 ; 1999, 3570 ; 2017, 787 )

NRS 202.2493

NRS

202.2493

Cigarettes, smokeless products made or derived from tobacco and alternative nicotine products to be sold in unopened package only; owner of retail establishment required to display notice concerning prohibition against sale of certain tobacco, vapor products and alternative nicotine products to persons under 21 years of age; sale of cigarettes by retailer through use of certain displays prohibited; penalties.

A person shall not sell, distribute or offer to sell cigarettes, any smokeless product made or derived from tobacco or any alternative nicotine product in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished as provided in chapter 370 of NRS. As used in this subsection, smokeless product made or derived from tobacco means any product that consists of cut, ground, powdered or leaf tobacco and is intended to be placed in the oral or nasal cavity.
The owner of a retail establishment shall, whenever any product containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine is being sold or offered for sale at the establishment, display prominently at the point of sale:

(a) A notice indicating that:

(1) The sale of cigarettes, any product containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine to persons under 21 years of age is prohibited by law; and

(2) The retailer may ask for proof of age to comply with this prohibition; and

(b) At least one sign that complies with the requirements of NRS 442.340 .

Ê A person who violates this subsection shall be punished by a fine of not more than $100.

It is unlawful for any retailer to sell cigarettes through the use of any type of display:

(a) Which contains cigarettes and is located in any area to which customers are allowed access; and

(b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,

Ê except a vending machine used in compliance with NRS 202.2494 . A person who violates this subsection shall be punished by a fine of not more than $500.

[1911 C&P § 237; RL § 6502; NCL § 10184] + [1911 C&P § 238; RL § 6503; NCL § 10185] + [1:271:1949; 1943 NCL § 1046.01]—(NRS A 1959, 675 ; 1961, 379 , 625 ;

1967, 482 ; 1989, 1955 ; 1995, 2604 ; 2007, 2058 ; 2011, 825 ; 2013, 1531 ; 2015, 1936 ; 2017, 93 , 1624 ,

2273 ;

2019, 3595 ; 2021, 444 )

NRS 202.3657

NRS

202.3657

Application for permit; eligibility; denial or revocation of permit.

Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
A person applying for a permit may submit one application and obtain one permit to carry all handguns owned by the person. The person must not be required to list and identify on the application each handgun owned by the person. A permit is valid for any handgun which is owned or thereafter obtained by the person to whom the permit is issued.
Except as otherwise provided in this section, the sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who:

(a) Is:

(1) Twenty-one years of age or older; or

(2) At least 18 years of age but less than 21 years of age if the person:

(I) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; or

(II) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions;

(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360 ; and

(c) Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:

(1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Ê Such a course must include instruction in the use of handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association or, if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.

The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:

(a) Has an outstanding warrant for his or her arrest.

(b) Has been judicially declared incompetent or insane.

(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has:

(1) Been convicted of violating the provisions of NRS 484C.110 ; or

(2) Participated in a program of treatment pursuant to NRS 176A.230 to 176A.245 , inclusive.

(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

(f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

(h) Is currently subject to an emergency or extended order for protection against high-risk behavior issued pursuant to NRS 33.570 or 33.580 .

(i) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

(j) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the courts:

(1) Withholding of the entry of judgment for a conviction of a felony; or

(2) Suspension of sentence for the conviction of a felony.

(k) Has made a false statement on any application for a permit or for the renewal of a permit.

(l) Has been discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under conditions other than honorable conditions and is less than 21 years of age.

The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of the persons application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.
An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

(b) A complete set of the applicants fingerprints taken by the sheriff or his or her agent;

(d) If the applicant is a resident of this State, the drivers license number or identification card number of the applicant issued by the Department of Motor Vehicles;

(e) If the applicant is not a resident of this State, the drivers license number or identification card number of the applicant issued by another state or jurisdiction;

(f) If the applicant is a person described in subparagraph (2) of paragraph (a) of subsection 3, proof that the applicant:

(1) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, as evidenced by his or her current military identification card; or

(2) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions, as evidenced by his or her DD Form 214, Certificate of Release or Discharge from Active Duty, or other document of honorable separation issued by the United States Department of Defense;

(g) A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366 ; and

(h) A nonrefundable fee set by the sheriff not to exceed $60.

(Added to NRS by 1995, 2721 ; A 1997, 1175 ; 2001, 612 , 618 ,

2579 ;

2003, 8 , 11 ;

2007, 3151 ; 2011, 751 , 1779 ,

3107 ;

2013, 1139 ; 2017, 212 ; 2019, 4184 , 4423 ;

2021, 601 )

NRS 202.400

NRS

202.400

Permit for possession, transportation and use in protective system to be issued by sheriff.

The sheriff of any county may issue a permit for the possession and transportation of such shells, cartridges, bombs or weapons to any applicant who submits proof that good cause exists for issuance of the permit.
The permit may also allow the applicant to install, maintain and operate a protective system involving the use of such shells, cartridges, bombs or weapons in any place which is accurately and completely described in the application for the permit.

[5:273:1955]—(NRS A 1973, 338 ; 1975, 116 )

NRS 202.485

NRS

202.485

Leaving child unattended in motor vehicle; penalty; exception.

A parent, legal guardian or other person responsible for a child who is 7 years of age or younger shall not knowingly and intentionally leave that child in a motor vehicle if:

(a) The conditions present a significant risk to the health and safety of the child; or

(b) The engine of the motor vehicle is running or the keys to the vehicle are in the ignition,

Ê unless the child is being supervised by and within the sight of a person who is at least 12 years of age.

A person who violates the provisions of subsection 1 is guilty of a misdemeanor. The court may suspend the proceedings against a person who is charged with violating subsection 1 and dismiss the proceedings against the person if the person presents proof to the court, within the time specified by the court, that the person has successfully completed an educational program satisfactory to the court. The educational program must include, without limitation, information concerning the dangers of leaving a child unattended or inadequately attended in a motor vehicle.
A law enforcement officer or other person rendering emergency services who reasonably believes that a violation of this section has occurred may, without incurring civil liability, use any reasonable means necessary to protect the child and to remove the child from the motor vehicle.
No person may be prosecuted under this section if the conduct would give rise to prosecution under any other provision of law.
The provisions of this section do not apply to a person who unintentionally locks a motor vehicle with a child in the vehicle.

(Added to NRS by 2005, 973 ; A 2017, 2252 )—(Substituted in revision for NRS 202.575)

NRS 205.100

NRS

205.100

Making, uttering or possessing with intent to utter fictitious bill, note or check.

Every person who makes, passes, utters or publishes, with an intention to defraud any person or persons, body politic or corporate, either in this state or elsewhere, or with the like intention attempts to pass, utter or publish any fictitious bill, note or check purporting to be the bill, note or check, or other instrument in writing, for the payment of money or property of some bank, corporation, copartnership or individual, when in fact there is no such bank, corporation, copartnership or individual in existence, the person knowing the bill, note, check or instrument in writing for the payment of money or property or any labor claim or claims to be fictitious, is guilty of forgery, and shall be punished as provided in NRS 205.090 .
Whenever the note, bill, check or other instrument in writing is drawn upon any bank, proof that the purported drawer had no account at the bank shall be deemed sufficient evidence to sustain the allegation of the nonexistence of the drawer of such instrument.

[1911 C&P § 400; A 1915, 15 ; 1941, 308 ; 1931 NCL § 10352]—(NRS A 1967, 495 ; 1979, 1441 ; 1997, 1184 )

NRS 205.120

NRS

205.120

False certificate to certain instruments punishable as forgery.

A person who is authorized to take a proof or acknowledgment of an instrument which by law may be recorded, who willfully certifies falsely that the execution of the instrument was acknowledged by any party thereto, or that the execution thereof was proved, is guilty of a category D felony, and shall be punished as provided in NRS 193.130 .

[1911 C&P § 404; RL § 6669; NCL § 10356]—(NRS A 1995, 1217 )

NRS 205.445

NRS

205.445

Defrauding proprietor of hotel, inn, restaurant, motel or similar establishment.

It is unlawful for a person:

(a) To obtain food, foodstuffs, lodging, merchandise or other accommodations at any hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with the intent to defraud the proprietor or manager thereof;

(b) To obtain credit at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy by the use of any false pretense; or

(c) After obtaining credit, food, lodging, merchandise or other accommodations at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, to abscond or surreptitiously, or by force, menace or threats, to remove any part of his or her baggage therefrom, without paying for the food or accommodations.

A person who violates any of the provisions of subsection 1 shall be punished:

(a) Where the total value of the credit, food, foodstuffs, lodging, merchandise or other accommodations received from any one establishment is $1,200 or more, for a category D felony as provided in NRS 193.130 . In addition to any other penalty, the court shall order the person to pay restitution.

(b) Otherwise, for a misdemeanor.

Proof that lodging, food, foodstuffs, merchandise or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that the person gave in payment for the food, foodstuffs, lodging, merchandise or other accommodations negotiable paper on which payment was refused, or that the person absconded without paying or offering to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that the person surreptitiously removed or attempted to remove his or her baggage, is prima facie evidence of the fraudulent intent mentioned in this section.
This section does not apply where there has been an agreement in writing for delay in payment for a period to exceed 10 days.

[1:132:1939; 1931 NCL § 3333.01] + [1911 C&P § 461; A 1917, 35 ; 1931, 391 ; 1949, 109 ; 1943 NCL § 10414]—(NRS A 1967, 505 ; 1979, 1448 ; 1989, 1437 ; 1995, 1226 ; 2011, 169 ; 2019, 4437 )

NRS 205.460

NRS

205.460

Preparation, transfer or use of false identification regarding person under 21 years of age; penalties; demand of proof of age as defense to certain proceedings.

Every person who counterfeits, forges, alters, erases or obliterates, or who attempts to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document, or any photocopy print, photostat, or other replica of any card, writing, paper or document which is designed for the purpose of personal identification and which bears the age of the holder or purported holder thereof, or which, although not designed for the purpose of personal identification, is commonly used, or capable of being used for the purpose of personal identification and bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document, or photocopy print, photostat or other replica thereof, be used by a person under the age of 21 years to establish falsely or misrepresent his or her actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments, shall be guilty of a misdemeanor. For the purposes of this subsection, the cards, writings, papers or documents and the photocopy prints or other replicas thereof which, although not designed for the purpose of personal identification, are commonly used, or capable of being used, for the purpose of personal identification, include, but are not limited to, an operators license, chauffeurs license, fishing or hunting license, selective service card, organizational membership card, certificate of discharge from the Armed Forces, or certificate or other record of birth.
Every person who sells, lends, gives away or offers, or attempts to sell, lend, give away or offer, any counterfeited, forged, altered, erased or obliterated card, writing, paper or document, or photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, to a person under the age of 21 years, shall be guilty of a gross misdemeanor.
Every person under the age of 21 years who uses or attempts to use or proffers any counterfeited, forged, erased or obliterated card, writing, paper, document, or any photocopy print, photostat or other replica thereof, of the kind mentioned in subsection 1, for the purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments, or who actually purchases alcoholic liquor or is actually served alcoholic liquor in a place where it is served for consumption on the premises, or actually enters a gambling establishment or actually gambles therein, when the purchase, service, entering or gambling is induced or permitted by the presentation of any such card, writing, paper or document, or any photocopy print, photostat or other replica thereof, shall be guilty of a misdemeanor.
In any criminal prosecution or proceeding for the suspension or revocation of any license based upon the violation of any law making it unlawful to sell, serve or furnish a person under the age of 21 years alcoholic liquor or upon violation of any law making it unlawful to allow a person under the age of 21 years to enter a gambling establishment or engage in gambling in a gambling establishment, proof that the defendant licensee, or his or her agent or employee, demanded and was shown, immediately before furnishing any alcoholic liquor to a person under the age of 21 years or allowing a person under the age of 21 years to enter a gambling establishment or engage in gambling in a gambling establishment, bona fide documentary evidence of the majority and identity of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, an operators license for a motor vehicle, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces, is a defense to the prosecution or proceeding for the suspension or revocation of any license.

[1:367:1955] + [2:367:1955] + [3:367:1955]—(NRS A 1959, 149 ; 1991, 391 )

UNLAWFUL ACTS REGARDING SOCIAL SECURITY NUMBERS

NRS 205.463

NRS

205.463

Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for other unlawful purpose; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.

Except as otherwise provided in subsections 2 and 3, a person who knowingly:

(a) Obtains any personal identifying information of another person; and

(b) With the intent to commit an unlawful act, uses the personal identifying information:

(1) To harm that other person;

(2) To represent or impersonate that other person to obtain access to any personal identifying information of that other person without the prior express consent of that other person;

(3) To obtain access to any nonpublic record of the actions taken, communications made or received by, or other activities or transactions of that other person without the prior express consent of that other person; or

(4) For any other unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that other person,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

Except as otherwise provided in subsection 3, a person who knowingly:

(a) Obtains any personal identifying information of another person; and

(b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130 .

A person who violates:

(a) Subsection 1 or 2 by obtaining and using the personal identifying information of an older person or a vulnerable person;

(b) Subsection 1 or 2 by obtaining and using the personal identifying information of five or more persons;

(c) Subsection 1 or 2 by causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation; or

(d) Subsection 2 to avoid or delay being prosecuted for an unlawful act that is punishable as a category A felony or category B felony,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

In addition to any other penalty, the court shall order a person convicted of violating subsection 1 to pay restitution, including, without limitation, any attorneys fees and costs incurred to:

(a) Repair the credit history or rating of the person whose personal identifying information the convicted person obtained and used in violation of subsection 1; and

(b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the convicted person obtained and used in violation of subsection 1.

Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.

(Added to NRS by 1999, 1344 ; A 2003, 1357 ; 2005, 2499 ; 2007, 2169 )

NRS 205.464

NRS

205.464

Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.

Except as otherwise provided in subsection 2, a public officer or public employee who knowingly:

(a) Obtains any personal identifying information of another person from any document, file, database, source or process used by a public body to collect, store, maintain, transfer, reproduce, manage or administer personal identifying information; and

(b) Uses the personal identifying information to harm that other person or for any unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that person,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

A public officer or public employee who violates subsection 1 by:

(a) Obtaining and using the personal identifying information of an older person or a vulnerable person;

(b) Obtaining and using the personal identifying information of five or more persons; or

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 7 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

Except as otherwise provided in subsection 4, a public officer or public employee who knowingly:

(b) Possesses, sells or transfers the personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130 .

A public officer or public employee who violates subsection 3 by:

(a) Obtaining and possessing, selling or transferring the personal identifying information of an older person or a vulnerable person;

(b) Obtaining and possessing, selling or transferring the personal identifying information of five or more persons; or

Except as otherwise provided in subsection 6, a public officer or public employee who knowingly aids another public officer or public employee to commit a violation of any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130 .
A public officer or public employee who violates subsection 5 by knowingly aiding another public officer or public employee in committing a violation of this section by:

(a) Obtaining the personal identifying information of an older person or a vulnerable person;

(b) Obtaining the personal identifying information of five or more persons; or

The provisions of this section do not prohibit the possession or use of any personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the Investigation Division of the Department of Public Safety while engaged in undercover investigations related to the lawful discharge of their duties.
In addition to any other penalty, the court shall order a public officer or public employee convicted of violating any provision of this section to pay restitution, including, without limitation, any attorneys fees and costs incurred, to:

(a) Repair the credit history or rating of the person whose personal identifying information the public officer or public employee obtained and used in violation of subsection 1; and

(b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the public officer or public employee obtained and used in violation of this section.

Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.

(Added to NRS by 2003, 1356 ; A 2005, 2499 ; 2007, 2170 )

NRS 205.465

NRS

205.465

Possession, sale or transfer of document or personal identifying information to establish false status or identity; penalties; rebuttable inference that possessor of personal identifying information intended to unlawfully use such information.

It is unlawful for a person to possess, sell or transfer any document or personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person.
Except as otherwise provided in subsection 3, a person who:

(a) Sells or transfers any such document or personal identifying information in violation of subsection 1; or

(b) Possesses any such document or personal identifying information in violation of subsection 1 to commit any of the crimes set forth in NRS 205.085 to 205.217 , inclusive, 205.473 to 205.513 , inclusive, or 205.610 to 205.810 , inclusive,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130 .

A person who violates subsection 2 by:

(a) Selling or transferring the personal identifying information of an older person or a vulnerable person;

(b) Selling or transferring the personal identifying information of five or more persons; or

Except as otherwise provided in this subsection and subsections 2 and 3, a person who possesses any such document or personal identifying information in violation of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130 . If a person possesses any such document or personal identifying information in violation of subsection 1 for the sole purpose of establishing false proof of age, including, without limitation, establishing false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.
Subsection 1 does not:

(a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document or personal identifying information; or

(b) Prohibit the possession or use of any such document or personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the Investigation Division of the Department of Public Safety while engaged in undercover investigations related to the lawful discharge of their duties.

Proof of possession of the personal identifying information of five or more persons in a manner not set forth in NRS 205.4655 permits a rebuttable inference that the possessor intended to use such information in violation of this section.

(Added to NRS by 1975, 1460 ; A 1981, 2012 ; 1985, 1980 ; 1995, 1227 ; 1999, 1345 ; 2001, 2581 ; 2003, 1358 , 2462 ;

2005, 2501 ; 2007, 2172 )

NRS 205.506

NRS

205.506

Unlawful acts regarding information services.

It is unlawful for a person knowingly and with the intent to avoid payment in full for the service obtained to:

(a) Obtain or attempt to obtain an information service from a provider by deception, use of an illegal device or other fraudulent means. The requisite intent may be inferred from the presence on the property or in the possession of the person of a device, not authorized by the provider, the major purpose of which is to permit or facilitate use of an information service without payment. The inference is rebutted if the person shows that he or she purchased the device for a legitimate purpose.

(b) Give to another person technical assistance or instruction in obtaining an information service without full payment to a provider.

(c) Maintain an ability to connect, by physical, electronic or other means, with facilities, components or devices used in an information service for the purpose of obtaining the information service without payment of all lawful compensation to the provider.

(d) Make or maintain a modification of a device installed with the authorization of a provider to obtain any service that the person is not authorized by the provider to obtain. The requisite intent may be inferred from proof that the standard procedure of the provider is to place labels on its devices warning that modifying the device is a violation of law and that the device has been modified without the permission of the provider.

(e) Possess, manufacture, deliver, offer to deliver or advertise, without permission from the provider, a device or a kit for a device designed to:

(1) Receive from the provider a service offered for sale by the provider, whether or not the service is encoded or otherwise made unintelligible; or

(2) Perform or facilitate an act prohibited by paragraphs (a) to (d), inclusive.

Ê Intent to violate this paragraph for commercial advantage or financial gain may be inferred if the circumstances, including, without limitation, quantity or volume, indicate possession for resale.

(f) Manufacture, import, distribute, advertise, sell, lease, or offer to sell or lease a device or a plan or kit for a device designed to receive an information service offered for sale by a provider, whether or not the service is encoded or otherwise made unintelligible, without full payment. The requisite intent may be inferred from proof that the person has sold, leased or offered to sell or lease any such device, plan or kit and stated or implied to the buyer or lessee that it will enable the buyer or lessee to obtain an information service without charge.

(g) Possess any other materials for the purpose of creating a device or a kit for a device designed to obtain an information service in any manner prohibited pursuant to this section.

This section does not prohibit or restrict a holder of an amateur service license issued by the Federal Communications Commission from possessing or using a radio receiver or transceiver that is intended primarily for use in the amateur radio service and is used for lawful purposes.
A person who violates any provision of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

(Added to NRS by 1993, 871 ; A 1997, 491 ; 1999, 2710 )

NRS 205.513

NRS

205.513

Enforcement of provisions.

If it appears that a person has engaged in or is about to engage in any act or practice which violates any provision of

NRS 205.473 to 205.513 , inclusive, the Attorney General or the appropriate district attorney may file an action in any court of competent jurisdiction to prevent the occurrence or continuance of that act or practice.

An injunction:

(a) May be issued without proof of actual damage sustained by any person.

(b) Does not preclude the criminal prosecution and punishment of a violator.

(Added to NRS by 1991, 50 ; A 1999, 2710 ; 2001, 1244 )

DOCUMENTS OF TITLE

NRS 207.185

NRS

207.185

Penalty for commission of certain unlawful acts because of actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons; burden of proof; comments as evidence.

Unless a greater penalty is provided by law, a person who, because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons, willfully violates any provision of NRS 200.471 , 200.481 , 200.5099 ,

200.571 , 200.575 , 203.010 ,

203.020 , 203.030 , 203.060 ,

203.080 , 203.090 , 203.100 ,

203.110 , 203.119 , NRS 205.0832 which is punishable as a misdemeanor, NRS 205.240 , 205.2715 , 205.274 , 205.2741 ,

206.010 , 206.040 , 206.125 ,

206.140 , 206.200 , 206.310 ,

NRS 206.330 which is punishable as a misdemeanor, NRS 207.180 , 207.200 , 207.210

or 392.915 is guilty of a gross misdemeanor.

For the purposes of this section, a person willfully violates any provision of law listed in subsection 1 because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons if the existence of any such protected characteristic is the primary cause in fact for the commission of the crime, regardless of whether one or more other causes for the commission of the crime exist. For an enhanced penalty to be imposed pursuant to this section, the prosecuting attorney must prove beyond a reasonable doubt that the person would not have committed the crime but for the existence of such a protected characteristic.
If a person willfully violates any provision of law listed in subsection 1, any comment made by the person about the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons that the court determines is incidental must not be the sole basis for imposing an enhanced penalty pursuant to this section, but may be considered in conjunction with other evidence as to the motivation of the person for committing the crime.

(Added to NRS by 1989, 898 ; A 1993, 511 ; 1995, 2706 ; 2013, 64 ; 2021, 1531 )

NRS 209.392

NRS

209.392

Residential confinement: Duration; notification to victim; eligibility; violation of terms or conditions; status; restitution.

Except as otherwise provided in NRS 209.3923 , 209.3925 and 209.429 , the Director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director pursuant to subsection 3 and who has:

(a) Demonstrated a willingness and ability to establish a position of employment in the community;

(b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or

(c) Demonstrated an ability to pay for all or part of the costs of the offenders confinement and to meet any existing obligation for restitution to any victim of his or her crime,

Ê assign the offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380 , for not longer than the remainder of his or her sentence.

Upon receiving a request to serve a term of residential confinement from an eligible offender, the Director shall notify the Division of Parole and Probation. Except as otherwise provided in NRS 213.10915 , if any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131 , requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim of the offenders request and advise the victim that the victim may submit documents regarding the request to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.131 , the Division of Parole and Probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.
The Director, after consulting with the Division of Parole and Probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the Director must provide that an offender who:

(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

(b) Has not performed the duties assigned to the offender in a faithful and orderly manner;

(1) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim within the immediately preceding 3 years;

(2) A sexual offense that is punishable as a felony; or

(3) Except as otherwise provided in subsection 4, a category A or B felony;

(d) Has more than one prior conviction for any felony in this State or any offense in another state that would be a felony if committed in this State, not including a violation of NRS 484C.110 , 484C.120 , 484C.130 , 484C.430 , 488.420 , 488.425

or 488.427 ; or

(e) Has escaped or attempted to escape from any jail or correctional institution for adults,

Ê is not eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section.

The standards adopted by the Director pursuant to subsection 3 must provide that an offender who has been convicted of a category B felony is eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section if:

(a) The offender is not otherwise ineligible pursuant to subsection 3 for an assignment to serve a term of residential confinement; and

(b) The Director makes a written finding that such an assignment of the offender is not likely to pose a threat to the safety of the public.

If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of the offenders residential confinement:

(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410 , return the offender to the custody of the Department.

(b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.

The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

(a) A continuation of the offenders imprisonment and not a release on parole; and

(b) For the purposes of NRS 209.341 , an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410 , inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.

(Added to NRS by 1995, 1358 ; A 1997, 2412 , 3242 ;

1999, 128 , 659 ,

1276 ;

2001, 2583 ; 2001 Special Session, 137 ; 2003, 180 ; 2005, 165 ; 2007, 3172 ; 2009, 1886 , 2510 ;

2011, 62 ; 2013, 187 , 380 ;

2019, 3065 )

NRS 209.3923

NRS

209.3923

Residential confinement or other appropriate supervision of certain older offenders: Eligibility; notification to victim; effect of violation of terms and conditions; status; restitution.

Except as otherwise provided in subsection 6, the Director may assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement pursuant to NRS 213.380 or other appropriate supervision as determined by the Division of Parole and Probation, for not longer than the remainder of his or her sentence, if the offender:

(a) Is 65 years of age or older;

(b) Has not been convicted of:

(1) A crime of violence;

(2) A crime against a child as defined in NRS 179D.0357 ;

(3) A sexual offense as defined in NRS 179D.097 ;

(4) Vehicular homicide pursuant to NRS 484C.130 ; or

(5) A violation of NRS 484C.430 ; and

If the Director intends to assign an offender to the custody of the Division of Parole and Probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the Department, the Director shall notify:

(a) The board of county commissioners of the county in which the offender will reside; and

(b) The Division of Parole and Probation.

Except as otherwise provided in NRS 213.10915 , if any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131 , requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim that:

(a) The Director intends to assign the offender to the custody of the Division of Parole and Probation pursuant to this section; and

(b) The victim may submit documents to the Division of Parole and Probation regarding such an assignment.

Ê If a current address has not been provided by a victim as required by subsection 4 of NRS 213.131 , the Division of Parole and Probation must not be held responsible if notification is not received by the victim. All personal information, including, without limitation, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement or other appropriate supervision as determined by the Division of Parole and Probation:

(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410 , return the offender to the custody of the Department.

The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

(a) A continuation of the offenders imprisonment and not a release on parole; and

(b) For the purposes of NRS 209.341 , an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

The Director may not assign an offender to the custody of the Division of Parole and Probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.
An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410 , inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.
As used in this section, crime of violence means any offense involving the use or threatened use of force or violence against another person.

(Added to NRS by 2019, 3063 )

NRS 209.3925

NRS

209.3925

Residential confinement or other appropriate supervision of offenders who are physically incapacitated or in ill health: Eligibility; request for medical release; duration; notice; notification to victim; effect of violation of terms or conditions; status; restitution.

Except as otherwise provided in subsection 6, the Director may approve a medical release and assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement pursuant to NRS 213.380 or other appropriate supervision as determined by the Division of Parole and Probation, for not longer than the remainder of his or her sentence, if:

(a) The Director has reason to believe that the offender is:

(1) Physically incapacitated or in ill health to such a degree that the offender does not presently, and likely will not in the future, pose a threat to the safety of the public; or

(2) In ill health and expected to die within 18 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and

(b) At least two physicians or nurses licensed pursuant to chapter 630 , 632 or 633 of NRS, as applicable, one of whom is not employed by the Department, verify, in writing, that the offender is:

(1) Physically incapacitated or in ill health; or

(2) In ill health and expected to die within 18 months.

A request for medical release pursuant to this section:

(a) May be submitted to the Director by:

(1) A prison official or employee;

(2) An offender;

(3) An attorney or representative of an offender;

(4) A family member of an offender; or

(5) A medical or mental health professional.

(b) Must be in writing and articulate the grounds supporting the appropriateness of the medical release of the offender.

If the Director intends to assign an offender to the custody of the Division of Parole and Probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the Department, the Director shall notify:

(a) The board of county commissioners of the county in which the offender will reside; and

(b) The Division of Parole and Probation.

Except as otherwise provided in NRS 213.10915 , if any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131 , requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim that:

(a) The Director intends to assign the offender to the custody of the Division of Parole and Probation pursuant to this section; and

(b) The victim may submit documents to the Division of Parole and Probation regarding such an assignment.

Ê If a current address has not been provided by a victim as required by subsection 4 of NRS 213.131 , the Division of Parole and Probation must not be held responsible if notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement or other appropriate supervision as determined by the Division of Parole and Probation:

(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410 , return the offender to the custody of the Department.

The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

(a) A continuation of the offenders imprisonment and not a release on parole; and

(b) For the purposes of NRS 209.341 , an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

The Director may not assign an offender to the custody of the Division of Parole and Probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.
An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410 , inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.

(Added to NRS by 1997, 2410 ; A 1999, 130 , 661 ,

1278 ;

2001, 2585 ; 2003, 1176 , 2575 ;

2011, 64 ; 2013, 189 , 382 ;

2019, 4445 )

NRS 209.429

NRS

209.429

Director to assign offender to serve term of residential confinement under certain circumstances; notice to victim; effect of violating terms or conditions of residential confinement; status; restitution.

Except as otherwise provided in subsections 7 and 8, the Director may assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380 , for not longer than the remainder of the maximum term or the maximum aggregate term, as applicable, of his or her sentence if the offender has:

(a) Demonstrated a willingness and ability to establish a position of employment in the community;

(b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or

(c) Demonstrated an ability to pay for all or part of the costs of his or her confinement and to meet any existing obligation for restitution to any victim of his or her crime.

Before the Director assigns an offender to serve a term of residential confinement pursuant to this section, the Director shall notify the Division of Parole and Probation. Except as otherwise provided in NRS 213.10915 , if any victim of a crime committed by the offender has, pursuant to:

(a) Subsection 1 of NRS 209.521 , requested to be notified by the Department of Corrections of the offenders release or escape and has provided a current address, the Department of Corrections shall notify the victim that the Director intends to consider whether to assign the offender to serve a term of residential confinement pursuant to this section and advise the victim that the victim may submit documents for the consideration of the Director regarding such an assignment to the Division of Parole and Probation. If a current address has not been provided as required by subsection 1 of NRS 209.521 , the Department of Corrections must not be held responsible if such notification is not received by the victim.

(b) Subsection 4 of NRS 213.131 , requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim if the Director has approved the application for the offender to serve a term of residential confinement pursuant to this section and advise the victim that the victim may submit documents for the consideration of the Division of Parole and Probation regarding such an assignment to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.131 , the Division of Parole and Probation must not be held responsible if such notification is not received by the victim.

Ê All personal information, including, without limitation, a current or former address, which pertains to a victim and which is received by the Department of Corrections or the Division of Parole and Probation pursuant to this subsection is confidential.

Before a person may be assigned to serve a term of residential confinement pursuant to this section, he or she must submit to the Division of Parole and Probation a signed document stating that:

(a) He or she will comply with the terms or conditions of the residential confinement; and

(b) If he or she fails to comply with the terms or conditions of the residential confinement and is taken into custody outside of this State, he or she waives all rights relating to extradition proceedings.

If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement:

(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410 , return the offender to the custody of the Department.

(b) The offender forfeits all or part of the credits earned by the offender to reduce his or her sentence pursuant to this chapter before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding forfeiture of credits is final.

The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

(a) A continuation of the offenders imprisonment and not a release on parole; and

(b) For the purposes of NRS 209.341 , an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

A person does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410 , inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
The Director shall not assign an offender who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018

to the custody of the Division of Parole and Probation to serve a term of residential confinement unless the Director makes a finding that the offender is not likely to pose a threat to the victim of the battery.

In determining whether to assign an offender to the custody of the Division of Parole and Probation to serve a term of residential confinement, the Director may consider whether the offender has failed or refused to comply with any term or condition of the entire program of treatment or any term or condition of any other program related to the classification of the offender.
The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.
As used in this section, entire program has the meaning ascribed to it in NRS 209.427 .

(Added to NRS by 1991, 779 ; A 1993, 1520 ; 1995, 26 , 958 ,

1253 ,

1334 ,

2388 ;

1997, 628 , 1814 ;

2001, 2587 ; 2001 Special Session, 195 ; 2003, 289 ; 2007, 3174 ; 2013, 191 , 222 ;

2019, 239 )

DIVERSION PROGRAM FOR PROBATION VIOLATORS

NRS 209.451

NRS

209.451

Forfeiture and restoration of credits.

If an offender:

(a) Commits an assault upon his or her keeper or a foreman, officer, offender or other person, or otherwise endangers life;

(b) Is guilty of a flagrant disregard of the regulations of the Department or of the terms and conditions of his or her residential confinement;

(d) In a civil action, in state or federal court, is found by the court to have presented a pleading, written motion or other document in writing to the court which:

(1) Contains a claim or defense that is included for an improper purpose, including, without limitation, for the purpose of harassing the offenders opponent, causing unnecessary delay in the litigation or increasing the cost of the litigation;

(2) Contains a claim, defense or other argument which is not warranted by existing law or by a reasonable argument for a change in existing law or a change in the interpretation of existing law; or

(3) Contains allegations or information presented as fact for which evidentiary support is not available or is not likely to be discovered after further investigation,

Ê the offender forfeits all deductions of time earned by the offender before the commission of that offense or act, or forfeits such part of those deductions as the Director considers just.

If an offender commits a serious violation of the regulations of the Department or of the terms and conditions of his or her residential confinement or if an offender violates subsection 4 of NRS 209.367 , the offender may forfeit all or part of such deductions, in the discretion of the Director.
A forfeiture may be made only by the Director after proof of the commission of an act prohibited pursuant to this section and notice to the offender in the manner prescribed in the regulations of the Department. The decision of the Director regarding a forfeiture is final.
The Director may restore credits forfeited for such reasons as the Director considers proper.
As used in this section, civil action includes a petition for a writ of habeas corpus filed in state or federal court.

(Added to NRS by 1977, 852 ; A 1985, 687 , 1926 ;

1991, 1410 ; 1995, 210 ; 1997, 1642 ; 1999, 146 )

NRS 209.4886

NRS

209.4886

Participation in judicial program: Referral of offender to reentry court; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender.

Except as otherwise provided in this section, if a judicial program has been established in the judicial district in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, refer the offender to the reentry court if:

(a) The Director believes that the offender would participate successfully in and benefit from the judicial program;

(b) The offender has demonstrated a willingness to:

(1) Engage in employment or participate in vocational rehabilitation or job skills training; and

(2) Meet any existing obligation for restitution to any victim of his or her crime; and

Except as otherwise provided in this section, if the Director is notified by the reentry court pursuant to NRS 209.4883 that an offender should be assigned to the custody of the Division to participate in the judicial program, the Director shall assign the offender to the custody of the Division to participate in the judicial program for not longer than the remainder of the offenders sentence.
The Director shall, by regulation, adopt standards setting forth which offenders are eligible to be assigned to the custody of the Division to participate in the judicial program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:

(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

(b) Has not performed the duties assigned to the offender in a faithful and orderly manner;

(c) Has, within the immediately preceding year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;

(d) Has ever been convicted of a sexual offense that is punishable as a felony; or

(e) Has escaped or attempted to escape from any jail or correctional institution for adults,

Ê is not eligible for assignment to the custody of the Division pursuant to this section to participate in a judicial program.

The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the reentry court, the Division and the Department for the cost of their participation in a judicial program, to the extent of their ability to pay.
The reentry court may return the offender to the custody of the Department at any time for any violation of the terms and conditions imposed by the reentry court.
If an offender assigned to the custody of the Division pursuant to this section violates any of the terms or conditions imposed by the reentry court and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by the offender before the offender was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.
The assignment of an offender to the custody of the Division pursuant to this section shall be deemed:

(a) A continuation of the offenders imprisonment and not a release on parole; and

(b) For the purposes of NRS 209.341 , an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

An offender does not have a right to be assigned to the custody of the Division pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a judicial program creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

(Added to NRS by 2001, 1161 ; A 2003, 2579 ; 2007, 3178 )

NRS 209.4888

NRS

209.4888

Participation in correctional program: Suitability of offender; powers and duties of Director; regulations; reimbursement of costs; effect of violation of terms and conditions; status of offender.

Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, determine that an offender is suitable to participate in the correctional program if:

(a) The Director believes that the offender would participate successfully in and benefit from the correctional program;

(b) The offender has demonstrated a willingness to:

(1) Engage in employment or participate in vocational rehabilitation or job skills training; and

(2) Meet any existing obligation for restitution to any victim of his or her crime; and

Except as otherwise provided in this section, if the Director determines that an offender is suitable to participate in the correctional program, the Director shall request that the Chair of the State Board of Parole Commissioners assign the offender to the custody of the Division to participate in the correctional program. The Chair may assign the offender to the custody of the Division to participate in the correctional program for not longer than the remainder of the offenders sentence.
The Director shall, by regulation, adopt standards setting forth which offenders are suitable to participate in the correctional program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:

(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

(b) Has not performed the duties assigned to the offender in a faithful and orderly manner;

(c) Has, within the immediately preceding year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;

(d) Has ever been convicted of a sexual offense that is punishable as a felony; or

(e) Has escaped or attempted to escape from any jail or correctional institution for adults,

Ê is not eligible for assignment to the custody of the Division pursuant to this section to participate in a correctional program.

The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the Division and the Department for the cost of their participation in a correctional program, to the extent of their ability to pay.
The Director may return the offender to the custody of the Department at any time for any violation of the terms and conditions agreed upon by the Director and the Chair.
If an offender assigned to the custody of the Division pursuant to this section violates any of the terms or conditions agreed upon by the Director and the Chair and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by the offender before the offender was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.
The assignment of an offender to the custody of the Division pursuant to this section shall be deemed:

(a) A continuation of the offenders imprisonment and not a release on parole; and

(b) For the purposes of NRS 209.341 , an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

An offender does not have a right to be assigned to the custody of the Division pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a correctional program creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

(Added to NRS by 2003, 2574 ; A 2007, 3180 )

NRS 209.511

NRS

209.511

Duties and authorized actions of Director relating to release of offenders from prison; payment of costs.

Before an offender is released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may provide mediation services to the offender and the family members and friends of the offender who provide emotional, psychological and financial support to the offender.
As soon as practicable after an offender is authorized to apply for enrollment in Medicaid pursuant to NRS 422.272428 or 422.27487 , the Director shall complete the paperwork for the application if the offender may be eligible for Medicaid:

(a) Not more than 90 days before the scheduled release of the offender pursuant to NRS 422.272428 ; or

(b) Immediately upon the scheduled release of the offender pursuant to NRS 422.27487 .

Not later than 3 months before an offender is projected to be released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may, if space is available, provide an eligible offender with one or more evidence-based or promising practice reentry programs to obtain employment, including, without limitation, any programs which may provide bonding for an offender entering the workplace and any organizations which may provide employment or bonding assistance to such a person.
When an offender is released from prison by expiration of his or her term of sentence, by pardon or by parole, the Director:

(a) May furnish the offender with a sum of money not to exceed $100, the amount to be based upon the offenders economic need as determined by the Director;

(b) Shall give the offender notice of the provisions of chapter 179C of NRS and NRS 202.357 and 202.360 ;

(d) Shall give the offender notice of the provisions of NRS 179.245 and the provisions of NRS 213.090 , 213.155 or 213.157 , as applicable;

(e) Shall provide the offender with a photo identification card issued by the Department and information and reasonable assistance relating to acquiring a valid drivers license or identification card to enable the offender to obtain employment, if the offender:

(1) Requests a photo identification card;

(2) Requests such information and assistance and is eligible to acquire a valid drivers license or identification card from the Department of Motor Vehicles; or

(3) Is not currently in possession of a photo identification card;

(f) Shall provide the offender with clothing suitable for reentering society;

(g) Shall provide the offender with the cost of transportation to his or her place of residence anywhere within the continental United States, or to the place of his or her conviction;

(h) If appropriate, shall release the offender to a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS;

(i) Shall require the offender to submit to at least one test for exposure to the human immunodeficiency virus;

(j) If the offender is eligible for Medicare, shall complete enrollment application paperwork for the offender; and

(k) If the offender was receiving a prescribed medication while in custody, shall ensure that the offender is provided with a 30-day supply of any such prescribed medication.

The Director shall not provide an offender with a photo identification card pursuant to paragraph (e) of subsection 4 unless the photo identification card clearly indicates whether the Director:

(a) Has verified the full legal name and age of the offender by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860 , as applicable, furnished as proof of the full legal name and age of an applicant for a drivers license or identification card; or

(b) Has not verified the full legal name and age of the offender pursuant to paragraph (a).

The costs authorized or required in paragraphs (a), (e), (f), (g), (i) and (k) of subsection 4 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246 .
The Director is encouraged to work with the Nevada Community Re-Entry Task Force established by the Governor pursuant to executive order, or its successor body, if any, to align statewide strategies for the reentry of offenders into the community and the implementation of those strategies.
As used in this section:

(a) Eligible offender means an offender who is:

(1) Determined to be eligible for reentry programming based on the Nevada Risk Assessment System instrument, or its successor risk assessment tool; and

(2) Enrolled in:

(I) Programming services under a reentry program at a correctional facility which has staff designated to provide the services; or

(II) A community-based program to assist offenders to reenter the community.

(b) Facility for transitional living for released offenders has the meaning ascribed to it in NRS 449.0055 .

(c) Photo identification card means a document which includes the name, date of birth and a color picture of the offender.

(d) Promising practice reentry program means a reentry program that has strong quantitative and qualitative data showing positive outcomes, but does not have sufficient research or replication to support recognition as an evidence-based practice.

(Added to NRS by 1977, 853 ; A 1979, 921 ; 1983, 725 ; 1987, 1474 ; 1991, 72 ; 1993, 7 ; 1995, 365 ; 2001, 1695 ; 2005, 267 , 2357 ;

2011, 2602 ; 2013, 1259 ; 2017, 811 , 4052 ;

2019, 645 , 4447 ;

2021, 2187 ; 2023, 2996 )

NRS 21.075

NRS

21.075

Notice of writ of execution: Service required; form; contents.

Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.
The notice required pursuant to subsection 1 must be substantially in the following form:

NOTICE OF EXECUTION

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

A court has determined that you owe money to .................... (name of person), the judgment creditor. The judgment creditor has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
Payments for benefits or the return of contributions under the Public Employees Retirement System.
Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
Proceeds from a policy of life insurance.
Payments of benefits under a program of industrial insurance.
Payments received as disability, illness or unemployment benefits.
Payments received as unemployment compensation.
Veterans benefits.
A homestead in a dwelling or a mobile home, including, subject to the provisions of NRS 115.055 , the proceeds from the sale of such property, not to exceed $605,000, unless:

(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or landlords successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
A vehicle, if your equity in the vehicle is less than $15,000.
Eighty-two percent of the take-home pay for any workweek if your gross weekly salary or wage was $770 or less on the date the most recent writ of garnishment was issued, or seventy-five percent of the take-home pay for any workweek if your gross weekly salary or wage exceeded $770 on the date the most recent writ of garnishment was issued, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
Money, not to exceed $1,000,000 in present value, held in:

(a) An individual retirement arrangement which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, including, without limitation, an inherited individual retirement arrangement;

(b) A written simplified employee pension plan which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408, including, without limitation, an inherited simplified employee pension plan;

(c) A cash or deferred arrangement plan which is qualified and maintained pursuant to the Internal Revenue Code, including, without limitation, an inherited cash or deferred arrangement plan;

(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is qualified and maintained pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

(e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
Regardless of whether a trust contains a spendthrift provision:

(a) A present or future interest in the income or principal of a trust that is a contingent interest, if the contingency has not been satisfied or removed;

(b) A present or future interest in the income or principal of a trust for which discretionary power is held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;

(c) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;

(d) Certain powers held by a trust protector or certain other persons; and

(e) Any power held by the person who created the trust.

If a trust contains a spendthrift provision:

(a) A present or future interest in the income or principal of a trust that is a mandatory interest in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust; and

(b) A present or future interest in the income or principal of a trust that is a support interest in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust.

A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
Payments received as restitution for a criminal act.
Personal property, not to exceed $10,000 in total value, if the property is not otherwise exempt from execution.
A tax refund received from the earned income credit provided by federal law or a similar state law.
Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.

These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to indigent or elderly persons). If you do not wish to consult an attorney or receive legal services from an organization that provides assistance to persons who qualify, you may obtain the form to be used to claim an exemption from the clerk of the court.

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court an executed claim of exemption. A copy of the claim of exemption must be served upon the sheriff, the garnishee and the judgment creditor within 10 days after the notice of execution or garnishment is served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be released by the garnishee or the sheriff within 9 judicial days after you serve the claim of exemption upon the sheriff, garnishee and judgment creditor, unless the sheriff or garnishee receives a copy of an objection to the claim of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The objection to the claim of exemption and notice for the hearing to determine the issue of exemption must be filed within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing. The hearing to determine whether the property or money is exempt must be held within 7 judicial days after the objection to the claim of exemption and notice for the hearing is filed. You may be able to have your property released more quickly if you mail to the judgment creditor or the attorney of the judgment creditor written proof that the property is exempt. Such proof may include, without limitation, a letter from the government, an annual statement from a pension fund, receipts for payment, copies of checks, records from financial institutions or any other document which demonstrates that the money in your account is exempt.

IF YOU DO NOT FILE THE EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

(Added to NRS by 1989, 1135 ; A 1991, 811 , 1412 ;

1995, 227 , 1071 ;

1997, 265 , 3412 ;

2003, 1010 , 1812 ;

2005, 382 , 1012 ,

2228 ;

2007, 2708 , 3016 ;

2009, 803 ; 2011, 1406 , 1892 ;

2017, 1661 , 1966 ;

2019, 279 , 1834 )

NRS 21.112

NRS

21.112

Claim of exemption: Procedure; clerk to provide form and instructions; manner in which to object; burden of proof; release of property; debtor may not be required to waive.

In order to claim exemption of any property levied on pursuant to this section, the judgment debtor must, within 10 days after the notice of a writ of execution or garnishment is served on the judgment debtor by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on, serve on the sheriff, the garnishee and the judgment creditor and file with the clerk of the court issuing the writ of execution the judgment debtors claim of exemption which is executed in the manner set forth in NRS 53.045 . If the property that is levied on is the earnings of the judgment debtor, the judgment debtor must file the claim of exemption pursuant to this subsection within 10 days after the date of each withholding of the judgment debtors earnings.
The clerk of the court shall provide the form for the claim of exemption and shall further provide with the form instructions concerning the manner in which to claim an exemption, a checklist and description of the most commonly claimed exemptions, instructions concerning the manner in which the property must be released to the judgment debtor if no objection to the claim of exemption is filed and an order to be used by the court to grant or deny an exemption. No fee may be charged for providing such a form or for filing the form with the court.
An objection to the claim of exemption and notice for a hearing must be filed with the court within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee. The judgment creditor shall also serve notice of the date of the hearing on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing.
If an objection to the claim of exemption and notice for a hearing are not filed within 8 judicial days after the claim of exemption has been served, the property of the judgment debtor must be released by the person who has control or possession over the property in accordance with the instructions set forth on the form for the claim of exemption provided pursuant to subsection 2 within 9 judicial days after the claim of exemption has been served.
The sheriff is not liable to the judgment debtor for damages by reason of the taking, withholding or sale of any property where a claim of exemption is not served on the sheriff.
Unless the court continues the hearing for good cause shown, the hearing on an objection to a claim of exemption to determine whether the property or money is exempt must be held within 7 judicial days after the objection to the claim and notice for a hearing is filed. The judgment debtor has the burden to prove that he or she is entitled to the claimed exemption at such a hearing. After determining whether the judgment debtor is entitled to an exemption, the court shall mail a copy of the order to the judgment debtor, the judgment creditor, any other named party, the sheriff and any garnishee.
If the sheriff or garnishee does not receive a copy of a claim of exemption from the judgment debtor within 25 calendar days after the property is levied on, the garnishee must release the property to the sheriff or, if the property is held by the sheriff, the sheriff must release the property to the judgment creditor.
At any time after:

(a) An exemption is claimed pursuant to this section, the judgment debtor may withdraw the claim of exemption and direct that the property be released to the judgment creditor.

(b) An objection to a claim of exemption is filed pursuant to this section, the judgment creditor may withdraw the objection and direct that the property be released to the judgment debtor.

The provisions of this section do not limit or prohibit any other remedy provided by law.
In addition to any other procedure or remedy authorized by law, a person other than the judgment debtor whose property is the subject of a writ of execution or garnishment may follow the procedures set forth in this section for claiming an exemption to have the property released.
A judgment creditor shall not require a judgment debtor to waive any exemption which the judgment debtor is entitled to claim.

(Added to NRS by 1971, 1497 ; A 1989, 1137 ; 1991, 456 ; 2011, 1899 )

NRS 21.280

NRS

21.280

Proceedings in aid of execution; appearance of judgment debtor before court; arrest; bail or commitment.

After the issuing of an execution against property, and upon proof by affidavit of a party or otherwise, to the satisfaction of the court or of the judge thereof, that any judgment debtor has property which the judgment debtor unjustly refuses to apply toward the satisfaction of the judgment, such court or judge may by an order require the judgment debtor to appear at a specified time and place before such judge, or master appointed by the judge, to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor toward the satisfaction of the judgment as are provided upon the return of an execution. Instead of the order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judgment creditor, the judgment creditors agent, or attorney, if it appear to the judge that there is danger of the debtor absconding, order the sheriff to arrest the debtor and bring the debtor before such judge. Upon being brought before the judge, the judgment debtor may be ordered to enter into an undertaking, with sufficient surety, that the debtor will attend from time to time before the judge, or master, as shall be directed during the pendency of proceedings, and until the final determination thereof, and will not in the meantime dispose of any portion of the debtors property not exempt from execution. In default of entering into such undertaking, the judgment debtor may be committed to prison.

[1911 CPA § 366; RL § 5308; NCL § 8864]

NRS 21.300

NRS

21.300

Debtor of judgment debtor may be examined.

After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to the judgment debtor in an amount exceeding $50, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place before the judge, or a master appointed by the judge, and answer concerning the same.

[1911 CPA § 368; RL § 5310; NCL § 8866]

NRS 211.2405

NRS

211.2405

Sheriff, chief of police or town marshal may provide prisoner with information and assistance relating to acquiring drivers license or identification card.

Except as otherwise provided in subsection 2, when a prisoner is released from a county, city or town jail or detention facility by expiration of his or her term of imprisonment, the sheriff, chief of police or town marshal, as applicable, may provide the prisoner with information and reasonable assistance relating to acquiring a valid drivers license or identification card to enable the prisoner to obtain employment or participate in transitional programming, if the prisoner requests such information and assistance and is eligible to acquire a valid drivers license or identification card from the Department of Motor Vehicles.
The sheriff, chief of police or town marshal, as applicable, shall not provide a prisoner with information or assistance relating to acquiring a drivers license or a photo identification card pursuant to subsection 1 unless he or she has verified the full legal name and age of the prisoner by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860 , as applicable, furnished as proof of the full legal name and age of an applicant for a drivers license or identification card.
As used in this section, photo identification card means a document which includes the name, the date of birth and a color picture of the prisoner.

(Added to NRS by 2017, 4053 )

REIMBURSEMENT FROM PRISONERS

NRS 213.090

NRS

213.090

Pardon: Restoration of civil rights; relieved of disabilities; limitations.

A person who is granted a full, unconditional pardon by the Board is restored to all civil rights, including, without limitation, the right to bear arms, and is relieved of all disabilities incurred upon conviction.
A pardon granted by the Board shall be deemed to be a full, unconditional pardon unless the official document issued pursuant to subsection 3 explicitly limits the restoration of the civil rights of the person or does not relieve the person of all disabilities incurred upon conviction.
Upon being granted a pardon by the Board, a person so pardoned must be given an official document which provides that the person has been granted a pardon. If the person is restored to the right to bear arms, the official document must explicitly state that the person is restored to the right to bear arms. If the person has not been granted a full, unconditional pardon, the official document must explicitly state all limitations on the restoration of the civil rights of the person and all disabilities incurred upon conviction from which the person is not relieved.
A person who has been granted a pardon in this State or elsewhere and whose official documentation of his or her pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been granted a pardon and is eligible to be restored to his or her civil rights, the court shall issue an order restoring the person to his or her civil rights. A person must not be required to pay a fee to receive such an order.
A person who has been granted a pardon in this State or elsewhere may present:

(a) Official documentation of his or her pardon; or

(b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to his or her civil rights.

[Part 5:149:1933; 1931 NCL § 11573]—(NRS A 1973, 1845 ; 1977, 665 ; 2001, 1696 ; 2003, 2692 ; 2005, 2907 ; 2011, 24 )

NRS 213.1518

NRS

213.1518

Effect of violation of condition of parole, forfeiture and restoration of credits for good behavior.

If a parolee violates a condition of his or her parole, the parolee forfeits all or part of the credits for good behavior earned by the parolee pursuant to chapter 209 of NRS after his or her release on parole, in the discretion of the Board.
A forfeiture may be made only by the Board after proof of the violation and notice to the parolee.
The Board may restore credits forfeited for such reasons as it considers proper.
The Chief shall report to the Director of the Department of Corrections any forfeiture or restoration of credits pursuant to this section.

(Added to NRS by 1991, 1411 ; A 2001 Special Session, 204 ; 2003, 408 ; 2007, 69 )

NRS 213.155

NRS

213.155

Restoration of civil rights after discharge from parole; limitations.

A person who receives a discharge from parole pursuant to NRS 213.154 :

(a) Is immediately restored to the right to serve as a juror in a civil action.

(b) Four years after the date of his or her discharge from parole, is restored to the right to hold office.

(c) Six years after the date of his or her discharge from parole, is restored to the right to serve as a juror in a criminal action.

Upon his or her discharge from parole, a person so discharged must be given an official document which provides:

(a) That the person has received an honorable discharge or dishonorable discharge, as applicable, from parole;

(b) That the person is restored to his or her civil right to serve as a juror in a civil action as of the date of his or her discharge from parole;

(c) The date on which his or her civil right to hold office will be restored to the person pursuant to paragraph (b) of subsection 1; and

(d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to paragraph (c) of subsection 1.

A person who has been discharged from parole in this State or elsewhere and whose official documentation of his or her discharge from parole is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been discharged from parole and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.
A person who has been discharged from parole in this State or elsewhere may present:

(a) Official documentation of his or her discharge from parole, if it contains the provisions set forth in subsection 2; or

(b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to the civil rights set forth in subsection 1.

The Board may adopt regulations necessary or convenient for the purposes of this section.

(Added to NRS by 1959, 799 ; A 1973, 1845 ; 1977, 665 ; 1993, 39 ; 1999, 69 ; 2001, 1696 ; 2003, 2693 ; 2005, 2358 ; 2017, 2229 ; 2019, 1454 )

NRS 213.157

NRS

213.157

Restoration of right to vote when placed on probation, granted parole or granted pardon; restoration of civil rights after sentence served.

A person convicted of a felony:

(a) Who is placed on probation, granted parole or granted a pardon is immediately restored to the right to vote;

(b) Who has served his or her sentence and has been released from prison:

(1) Is immediately restored to the right to serve as a juror in a civil action.

(2) Is immediately restored to the right to vote.

(3) Four years after the date of his or her release from prison, is restored to the right to hold office.

(4) Six years after the date of his or her release from prison, is restored to the right to serve as a juror in a criminal action.

Upon his or her release from prison, a person so released must be given an official document which provides:

(a) That the person has been released from prison;

(b) That the person is restored to his or her civil right to serve as a juror in a civil action as of the date of his or her release from prison;

(c) The date on which his or her civil right to hold office will be restored to the person pursuant to subparagraph (3) of paragraph (b) of subsection 1; and

(d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to subparagraph (4) of paragraph (b) of subsection 1.

A person who has been released from prison in this State or elsewhere and whose official documentation of his or her release from prison is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been released from prison and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.
A person who has been released from prison in this State or elsewhere may present:

(a) Official documentation of his or her release from prison, if it contains the provisions set forth in subsection 2; or

(b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to the civil rights set forth in subsection 1.

(Added to NRS by 1973, 1844 ; A 1977, 666 ; 1993, 39 , 1529 ;

1995, 508 ; 2001, 1697 ; 2003, 2695 ; 2005, 2359 ; 2017, 2230 ; 2019, 1455 ; 2020, 32nd Special Session, 2 )

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

NRS 217.120

NRS

217.120

Proof of conviction conclusive evidence of commission of offense.

If any person has been convicted of any offense with respect to an act on which a claim under NRS 217.010 to 217.270 , inclusive, is based, proof of that conviction is conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard thereto is pending.

(Added to NRS by 1969, 1152 ; A 1975, 1293 )

NRS 220.170

NRS

220.170

Certification of NRS and supplements; citation of NRS as official codified version of Statutes of Nevada and prima facie evidence of law; form of citations to NRS.

The master copy of Nevada Revised Statutes, as printed and bound in accordance with NRS 220.130 , must contain a certificate of the Director of the Statute Revision Commission that the Director has compared each section thereof with the original section of the enrolled bill by which Nevada Revised Statutes was adopted and enacted, and that the sections in the published edition are correctly copied. All other printed and bound copies of Nevada Revised Statutes must contain a copy of the certificate.
Each set of replacement or supplementary pages, prepared in accordance with NRS 220.160 and published before January 1, 1963, for inclusion in the master copy of Nevada Revised Statutes, must be accompanied by a certificate of the Director of the Statute Revision Commission, and each set published after January 1, 1963, by a certificate of the Legislative Counsel, that such person has compared each section thereof with the original section of the enrolled bill, and that, with the exception of the changes authorized by law, the sections set forth in the replacement or supplementary pages are correctly copied. All other sets of replacement or supplementary pages must be accompanied by a copy of the certificate. All such certificates must be inserted in the bound copies of Nevada Revised Statutes in chronological order immediately following the initial certificate of the Director.
Copies of Nevada Revised Statutes, as printed, published, revised, supplemented and certified in accordance with this chapter, constitute the official codified version of Statutes of Nevada and may be cited as prima facie evidence of the law in all of the courts of this state. Except as otherwise provided in this subsection, that evidence may be rebutted by proof that the statutes cited differ from the official Statutes of Nevada. That evidence may not be rebutted by proof that the statutes differ from the official Statutes of Nevada in a manner authorized pursuant to NRS 220.120 .
Nevada Revised Statutes and its component parts may be cited as follows:

(a) Nevada Revised Statutes: NRS

(b) A title: title 00 of NRS

(d) A section: NRS 000.000

[13:304:1951; A 1953, 388 ]—(NRS A 1957, 5 ; 1963, 1024 ; 1967, 35 ; 1989, 1167 ; 2003, 328 )

NRS 227.250

NRS

227.250

Copy of account prima facie evidence in suit for collection.

A copy of the account, in an action instituted under NRS 227.240 , made out and certified by the State Controller, with his or her official seal affixed thereto, shall be sufficient evidence to support an action in any court of competent jurisdiction for the amount or balance stated therein to be due, without proof of the signature or official character of the State Controller, subject, however, to the right of the defendant to plead and give in evidence, as in other actions, all such matters as shall be legal and proper for the defendants defense or discharge.

[10:43:1866; B § 2817; BH § 1816; C § 1964; RL § 4163; NCL § 7355]

NRS 231.14055

NRS

231.14055

Application; certification and provision of information concerning financing programs for small businesses by Office of Economic Development; compilation and posting of list of certified businesses on Internet website.

A business may apply, on a form prescribed by regulation of the Office, to the Office for certification as a local emerging small business. The application must be accompanied by such proof as the Office requires to demonstrate that the applicant is in compliance with the criteria set forth in NRS 231.1405

and any regulations adopted pursuant to NRS 231.1408 .

Upon receipt of the application and when satisfied that the applicant meets the requirements set forth in this section, NRS 231.1405 and any regulations adopted pursuant to NRS 231.1408 , the Office shall:

(a) Certify the business as a local emerging small business; and

(b) Provide to the business, in written or electronic form, information concerning public and private programs to provide financing for small businesses and the criteria for obtaining financing through such programs. The information must include, without limitation, information concerning:

(1) Grants or loans of money from the Catalyst Account created by NRS 231.1573 ;

(2) The issuance of revenue bonds for industrial development pursuant to NRS 349.400 to 349.670 , inclusive;

(3) The Nevada Collateral Support Program pursuant to 12 U.S.C. §§ 5701 et seq.;

(4) The Nevada Microenterprise Initiative Program pursuant to 12 U.S.C. §§ 5701 et seq.;

(5) The Nevada New Markets Jobs Act pursuant to chapter 231A of NRS;

(6) The Nevada Silver State Opportunities Fund pursuant to NRS 355.275 ;

(7) Loans from the Small Business Administration pursuant to 15 U.S.C. §§ 631 et seq.; and

(8) Any other private program to provide financing for small businesses approved by the Office.

The Office shall compile a list of the local emerging small businesses certified pursuant to this section and post the list on its Internet website.

(Added to NRS by 2013, 3692 ; A 2017, 2861 )

NRS 231.1467

NRS

231.1467

Application for approval of program of workforce recruitment, assessment and training; application for allocation, grant or loan of money to defray cost of program; application for participation of business in approved program.

A person who wishes to provide a program of workforce recruitment, assessment and training may apply to the Office for approval of the program. The application must be submitted on a form prescribed by the Office.
Each application must include:

(a) The name, address, electronic mail address and telephone number of the applicant;

(b) The name of each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training;

(d) A description of the primary economic sector to be served by the proposed program of workforce recruitment, assessment and training;

(e) Evidence of workforce shortages within the industry to be served by the proposed program of workforce recruitment, assessment and training;

(f) Evidence that there is an insufficient number of existing programs to develop the workforce needed for the industry to be served by the proposed program of workforce recruitment, assessment and training;

(g) A statement of the number and types of jobs with the business for which the applicant will provide the proposed program of workforce recruitment, assessment and training that are available or will be available upon completion of the proposed program;

(h) A statement demonstrating the past performance of the applicant in providing programs of workforce development, including, without limitation:

(1) The number and type of credentials and certifications issued by programs of workforce development provided by the applicant; and

(2) The number of businesses successfully served by the programs of workforce development provided by the applicant;

(i) A proposed plan for the provision of the proposed program of workforce recruitment, assessment and training on a statewide basis;

(j) A list of facilities that will be used by the proposed program of workforce recruitment, assessment and training;

(k) A projection of the number of primary jobs that will be served by the proposed program of workforce recruitment, assessment and training and the wages for those jobs;

(l) Evidence satisfactory to the Office that the proposed program of workforce recruitment, assessment and training is consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112;

(m) A workforce diversity action plan;

(n) The estimated cost of the proposed program of workforce recruitment, assessment and training;

(o) A statement by the business for which the applicant will provide the proposed program of workforce recruitment, assessment and training, which commits the business to report to the Office required performance metrics to enable the Office to comply with NRS 231.1513 ;

(p) A report from each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training, which sets forth the basis for any furloughs or layoffs conducted by the business in the 12 months immediately preceding the date of the application for the job categories related to the proposed program of workforce recruitment, assessment and training; and

(q) Any other information requested by the Executive Director.

Any program of workforce recruitment, assessment and training approved by the Office pursuant to this section must:

(a) Include a workforce diversity action plan approved by the Office;

(b) To the extent practicable, be provided on a statewide basis to support the industrial and economic development of all geographic areas of this State; and

(c) Result in a postsecondary or industry-recognized credential, or an identifiable occupational skill that meets the applicable industry standard.

The Office shall:

(a) Maintain on the Internet website of the Office a list of the criteria for evaluating applications for approval of a program of workforce recruitment, assessment and training;

(b) Ensure, through coordination with relevant state agencies and by reviewing any notices required pursuant to the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et. seq., and the regulations adopted pursuant thereto, that each business for which an applicant that submitted an application pursuant to this section will provide a program of workforce recruitment, assessment and training:

(1) Is in compliance with the laws of this State pertaining to the conduct of businesses and employers;

(2) Is not excluded from receiving contracts from the Federal Government as a result of being debarred; and

(3) Has included in the report submitted pursuant to paragraph (p) of subsection 2 the basis for each furlough or layoff conducted in the 12 months immediately preceding the date of the application for the job categories related to the proposed program of workforce recruitment, assessment and training;

(c) Approve or disapprove each application for approval of a program of workforce recruitment, assessment and training within 60 days after receiving a complete application; and

(d) Provide notice of the approval or disapproval of each application to the applicant within 10 days after approving or disapproving the application.

An authorized provider that provides a program of workforce recruitment, assessment and training approved by the Office pursuant to this section or the governing body of a local government within the jurisdiction of which the authorized provider will provide the program may apply to the Office for an allocation, grant or loan of money to defray in whole or in part the cost of the program. The application must be submitted on a form prescribed by the Office.
The Office shall approve or deny each application for an allocation, grant or loan of money submitted pursuant to subsection 5 within 45 days after receipt of the application. When considering an application, the Office shall give priority to a program of workforce recruitment, assessment and training that will provide workforce development services to one or more businesses that:

(a) Provide high-skill and high-wage jobs to residents of this State, as defined by the Board of Economic Development;

(b) Provide postsecondary or industry-recognized credentials or identifiable skills meeting the applicable industry standard, which are not otherwise offered or not otherwise offered at scale in this State;

(d) To the greatest extent practicable, use materials that are produced or bought in this State;

(e) Are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 ; and

(f) Are consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112.

An authorized provider may use money distributed pursuant to this section:

(a) To provide curriculum development and instructional services;

(b) To pay for equipment or technology necessary to conduct the training;

(c) To pay training fees or tuition for the program of workforce recruitment, assessment and training, which are not otherwise covered by the program budget or other workforce development funding;

(d) To promote the program of workforce recruitment, assessment and training and for job recruiting and assessments conducted through the program;

(e) To provide analysis of on-site training;

(f) To pay any costs relating to the rental of instructional facilities, including, without limitation, utilities and costs relating to the storage and transportation of equipment and supplies;

(g) To pay administrative and personnel costs, except that not more than 10 percent of the money distributed pursuant to this section is used for such purposes; and

(h) To pay any other costs, not including administrative and personnel costs, necessary to effectively carry out the program of workforce recruitment, assessment and training.

Equipment purchased with money distributed as a grant pursuant to this section is the property of the Office. At the end of the grant period, the Office may recapture the equipment for redistribution to other programs of workforce recruitment, assessment and training provided by an authorized provider.
A business in this State may apply to the Office to participate in an approved program of workforce recruitment, assessment and training provided by an authorized provider. The application must be submitted on a form prescribed by the Office and must include, without limitation:

(a) The name, address and telephone number of the business;

(b) Proof satisfactory to the Office that the business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 ;

(c) A description of the number and types of jobs that the business expects will be created as a result of its participation in the program of workforce recruitment, assessment and training and the wages the business expects to pay to persons employed in those jobs;

(d) The types of services which will be provided to the business through the program of workforce recruitment, assessment and training;

(e) A workforce diversity action plan approved by the Office; and

(f) Any other information required by the Office.

(Added to NRS by 2015, 29th Special Session, 3 ; A 2021, 2539 )

NRS 231.3725

NRS

231.3725

Application for certificate of eligibility; required documentation; contents of application.

On behalf of a project, the lead participant in the project may apply to the Office for a certificate of eligibility for matching funds of up to $100,000,000 to be used exclusively for the acquisition, construction, installation and equipping of a qualified project.
For a project to be eligible for the matching funds described in subsection 1, the lead participant of the project must, on behalf of the project:

(a) Submit an application that meets the requirements of subsection 3;

(b) Provide documentation satisfactory to the Office that approval of the application would:

(1) Facilitate the economic development of this State;

(2) Aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 ; and

(3) Increase the workforce in this State by helping those persons experiencing homelessness or at risk of becoming homeless to transition from experiencing homelessness or being at risk of homelessness to being economically self-sufficient.

An application submitted pursuant to subsection 2 must include:

(a) Documentation satisfactory to the Office that the project meets all of the requirements of a qualified project described in NRS 231.3727 ;

(b) A detailed business plan containing an outline of services to be provided by the project, capital construction financing, operational revenues and expenditures, governance structure, the core operating team and a plan for capital maintenance;

(d) Documentation satisfactory to the Office that the qualified project is reasonably expected to:

(1) Increase the workforce in this State by promoting greater opportunities for economic self-sufficiency;

(2) Improve the mental and physical well-being of persons at risk of becoming homeless;

(3) Reduce the incidence of homelessness in areas of acute risk and impact;

(4) Decrease long-term reliance on social services and public assistance programs;

(5) Increase the opportunity for services integration and collaboration; and

(6) Reduce criminal activity and recidivism and increase the share of the population with employable job skills;

(e) A summary of the relationship between and roles and responsibilities of the lead participant and the other participants in the project;

(f) A detailed description of the location or locations of the project, including, without limitation, a precise description of the geographic boundaries of the project site or sites;

(g) The name and business address of each participant in the project, which must be an address in this State;

(h) A detailed description of the plan by which the lead participant and the other participants in the project intend to comply with the requirement that the participants collectively make a total capital investment not less than $75,000,000 in the 5-year period immediately following approval of the application;

(i) Documentation satisfactory to the Office that the lead participant has the financial ability and operational expertise to effectively develop and operate the project;

(j) Documentation satisfactory to the Office that the participants in the project are engaged in a common purpose or business endeavor;

(k) Documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site or sites;

(l) Documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;

(m) Documentation satisfactory to the Office of the number of employees engaged or anticipated to be engaged in the construction of the project;

(n) Documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;

(o) Documentation satisfactory to the Office of the number of individuals expected to be served by the project;

(p) Documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;

(q) Documentation satisfactory to the Office that at least 50 percent of the employees engaged or anticipated to be engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of residents of Nevada available and qualified for such employment;

(r) An agreement to provide the Office with a compliance report for the project at the end of each calendar quarter during construction and at the end of each fiscal year during all the years of operations, which:

(1) Provides the amount of money invested in the project;

(2) Provides the number of employees engaged in the construction of the project;

(3) Provides the number of employees employed at the project;

(4) Provides the total number of persons served by the project, including, without limitation, the number of persons placed in permanent housing and verifiable employment; and

(5) Meets any other requirements prescribed by the Office; and

(s) Any other information deemed necessary and appropriate by the Executive Director.

(Added to NRS by 2023, 3125 )

NRS 231.3731

NRS

231.3731

Duty of lead participant in qualified project to provide records to verify eligibility for matching funds; repayment of matching funds; revocation or suspension of state business registration of lead participant; material underperformance of project; transfer of facility that ceases to operate or files for bankruptcy protection.

The lead participant of a qualified project shall, upon the request of the Office of Economic Development, furnish the Office with copies of all records necessary to verify that the qualified project meets or has met the eligibility requirements for state matching funds issued pursuant to NRS 231.3711 to 231.3737 , inclusive.
The lead participant shall repay to the State Treasurer, as applicable, any portion of the matching funds to which the lead participant is not entitled if:

(a) The participants in the qualified project collectively fail to make the investment in this State necessary to support the determination by the Office that the project is a qualified project;

(b) The lead participant submits any false statement, representation or certification in any document submitted for the purpose of obtaining matching funds;

(c) The lead participant otherwise becomes ineligible for matching funds after receiving the matching funds pursuant to NRS 231.3711 to 231.3737 , inclusive; or

(d) The lead participant ceases operation within 30 years of having received the last installment of matching funds pursuant to NRS 231.3711 to 231.3737 , inclusive.

The Secretary of State may, upon application by the Executive Director, revoke or suspend the state business registration of the lead participant in a qualified project which is required to repay any portion of the matching funds allocated pursuant to subsection 2. If the state business registration of the lead participant in a qualified project is suspended or revoked pursuant to this subsection, the Secretary of State shall provide written notice of the action to the lead participant. The Secretary of State shall not reinstate a state business registration suspended pursuant to this subsection or issue a new state business registration to the lead participant whose state business registration has been revoked pursuant to this subsection unless the Executive Director provides proof satisfactory to the Secretary of State that the lead participant is in compliance with the requirements of this section governing repayment.
In the event the Executive Director determines that the project is materially underperforming based on the reports provided by the lead participant pursuant to paragraph (r) of subsection 3 of NRS 231.3725 , the Executive Director may:

(a) Require that the lead participant review, revise and submit any element of the application submitted pursuant to subsection 3 of NRS 231.3725 ;

(b) Request operating recommendations for improvement from the technical advisory committee created pursuant to paragraph (g) of subsection 4 of NRS 231.3727 ;

(c) Request that the lead participant retain a subject matter expert to address the identified areas of underperformance; or

(d) Any combination of paragraphs (a), (b) and (c).

In the event the project ceases to operate pursuant to subsection 2 or files for bankruptcy protection under any chapter of Title 11 of United States Code after having received matching funds pursuant to NRS 231.3711 to 231.3737 , inclusive, the facility, including the underlying land and any personal property necessary for the operations of the facility, shall be transferred to the incorporated city in which any part of the facility exists. If the facility does not exist in an incorporated city, it shall be transferred to the county in which the facility exists. Such transfer shall be made at no cost to the city or county, and the city or county may determine, at its sole discretion, whether to operate the facility in whole or in part or otherwise close, modify or sell the facility and any related assets.

(Added to NRS by 2023, 3129 )

NRS 239.0113

NRS

239.0113

Burden of proof where confidentiality of public book or record is at issue.

Except as otherwise provided in NRS 239.0115 , if:

The confidentiality of a public book or record, or a part thereof, is at issue in a judicial or administrative proceeding; and
The governmental entity that has legal custody or control of the public book or record asserts that the public book or record, or a part thereof, is confidential,

Ê the governmental entity has the burden of proving by a preponderance of the evidence that the public book or record, or a part thereof, is confidential.

(Added to NRS by 2007, 2062 )

NRS 240.010

NRS

240.010

Appointment by Secretary of State; cancellation of appointment; unlawful acts; injunctive relief.

The Secretary of State may appoint notaries public in this State.
The Secretary of State shall not appoint as a notary public a person:

(a) Who submits an application containing a substantial and material misstatement or omission of fact.

(b) Whose previous appointment as a notary public in this State or another state has been revoked for cause.

(c) Who, except as otherwise provided in subsection 3, has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to:

(1) A crime involving moral turpitude; or

(2) Burglary, conversion, embezzlement, extortion, forgery, fraud, identity theft, larceny, obtaining money under false pretenses, robbery or any other crime involving misappropriation of the identity or property of another person or entity,

Ê if the Secretary of State is aware of such a conviction or plea before the Secretary of State makes the appointment.

(d) Against whom a complaint that alleges a violation of a provision of this chapter is pending.

(e) Who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that the person has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018 .

A person who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime involving moral turpitude may apply for appointment as a notary public if the person provides proof satisfactory to the Secretary of State that:

(a) More than 10 years have elapsed since the date of the persons release from confinement or the expiration of the period of his or her parole, probation or sentence, whichever is later;

(b) The person has made complete restitution for his or her crime involving moral turpitude, if applicable;

(d) The crime for which the person was convicted or entered a plea is not one of the crimes enumerated in subparagraph (2) of paragraph (c) of subsection 2.

A notary public may cancel his or her appointment by submitting a written notice to the Secretary of State.
It is unlawful for a person to:

(a) Represent himself or herself as a notary public appointed pursuant to this section if the person has not received a certificate of appointment from the Secretary of State pursuant to this chapter, or if his or her appointment is expired, revoked or suspended or is otherwise not in good standing.

(b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact.

Any person who violates a provision of paragraph (a) of subsection 5 is liable for a civil penalty of not more than $2,000 for each violation, plus reasonable attorneys fees and costs.
Any person who is aware of a violation of this chapter by a notary public or a person applying for appointment as a notary public may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint.
The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 5 and recover any penalties, attorneys fees and costs.

[1:22:1907; RL § 2762; NCL § 4732] + [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [4:22:1907; added 1913, 31 ; 1919 RL § 2764; NCL § 4735]—(NRS A 1959, 220 ; 1975, 1519 ; 1979, 24 ; 1995, 190 ; 1997, 930 ; 2005, 2275 ; 2007, 1097 ; 2009, 3027 ; 2015, 928 , 2615 )

NRS 240.030

NRS

240.030

Application for appointment; oath and bond; fingerprints; additional requirements for resident of adjoining state; commencement of term; fee for original, duplicate or amended certificate of appointment.

Each person applying for appointment as a notary public must:

(a) At the time the applicant submits his or her application, pay to the Secretary of State $35.

(b) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if the applicant were a public officer.

(c) Submit to the Secretary of State proof satisfactory to the Secretary of State that the applicant has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018 .

(d) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

(e) Submit to the Secretary of State a declaration under penalty of perjury stating that the applicant has not had an appointment as a notary public revoked or suspended in this State or any other state or territory of the United States.

(f) If required by the Secretary of State, submit:

(1) A complete set of the fingerprints of the applicant and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(2) A fee established by regulation of the Secretary of State which must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public who resides in an adjoining state must submit to the Secretary of State with the application:

(a) An affidavit setting forth the adjoining state in which the applicant resides, the applicants mailing address and the address of the applicants place of business or employment that is located within the State of Nevada;

(b) A copy of the applicants state business license issued pursuant to chapter 76 of NRS and any business license required by the local government where the business is located, if the applicant is self-employed; and

(c) Unless the applicant is self-employed, a copy of the state business license of the applicants employer, a copy of any business license of the applicants employer that is required by the local government where the business is located and an affidavit from the applicants employer setting forth the facts which show that the employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant must not be required to disclose his or her residential address or telephone number on any such document which will become available to the public.
The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when the applicant applies for the appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant.
The term of a notary public commences on the effective date of the bond required pursuant to paragraph (d) of subsection 1. A notary public shall not perform a notarial act after the effective date of the bond unless the notary public has been issued a certificate of appointment.
Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.

[2:39:1864; A 1865, 407; 1883, 82 ; 1949, 69 ; 1943 NCL § 4715] + [3:39:1864; A 1911, 361 ; RL § 2746; NCL § 4716]—(NRS A 1973, 386 ; 1979, 77 ; 1981, 325 ; 1983, 706 ; 1985, 1205 ; 1987, 1113 ; 1989, 148 ; 1995, 191 , 1595 ;

1997, 931 ; 1999, 74 ; 2001, 652 ; 2007, 44 , 1099 ;

2009, 3028 ; 2011, 1608 ; 2015, 2616 )

NRS 240.150

NRS

240.150

Liability for misconduct or neglect; liability of employer; penalties for willful violation or neglect of duty; procedure upon revocation or suspension.

For misconduct or neglect in a case in which a notary public appointed pursuant to the authority of this State may act, either by the law of this State or of another state, territory or country, or by the law of nations, or by commercial usage, the notary public is liable on his or her official bond to the parties injured thereby, for all the damages sustained.
The employer of a notary public may be assessed a civil penalty by the Secretary of State of not more than $2,000 for each violation specified in subsection 4 committed by the notary public, and the employer is liable for any damages proximately caused by the misconduct of the notary public, if:

(a) The notary public was acting within the scope of his or her employment at the time the notary public engaged in the misconduct; and

(b) The employer of the notary public consented to the misconduct of the notary public.

The Secretary of State may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the Secretary of State, within a reasonable time, information that the Secretary of State requests from the notary public in connection with a complaint which alleges a violation of this chapter.
Except as otherwise provided in this chapter, for any willful violation or neglect of duty or other violation of this chapter, or upon proof that a notary public has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime described in paragraph (c) of subsection 2 of NRS 240.010 :

(a) The appointment of the notary public may be suspended for a period determined by the Secretary of State, but not exceeding the time remaining on the appointment;

(b) The appointment of the notary public may be revoked after a hearing; or

If the Secretary of State revokes or suspends the appointment of a notary public pursuant to this section, the Secretary of State shall:

(a) Notify the notary public in writing of the revocation or suspension;

(b) Cause notice of the revocation or suspension to be published on the website of the Secretary of State; and

(c) If a county clerk has issued a certificate of permission to perform marriages to the notary public pursuant to NRS 122.064 , notify the county clerk of the revocation or suspension.

Except as otherwise provided by law, the Secretary of State may assess the civil penalty that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the civil penalty before his or her appointment expired.
The appointment of a notary public may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.

[13:39:1864; B § 342; BH § 2247; C § 2414; RL § 2756; NCL § 4726]—(NRS A 1985, 1208 ; 1995, 194 ; 1997, 937 ; 2011, 1612 ; 2013, 1200 ; 2015, 932 )

NRS 240.192

NRS

240.192

Registration; oath and bond; fee; electronic notary public.

Except as otherwise provided in subsection 5, each person registering as an electronic notary public must:

(a) At the time of registration, be a notarial officer in this State who has complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033 and have complied with all applicable notarial requirements set forth in this chapter;

(b) Register with the Secretary of State by submitting an electronic registration pursuant to subsection 2;

(c) Pay to the Secretary of State a registration fee of $50, which is in addition to the application fee required pursuant to NRS 240.030 to be a notarial officer in this State; and

(d) Submit to the Secretary of State with the registration proof satisfactory to the Secretary of State that the registrant has:

(1) Successfully completed any required course of study on electronic notarization provided pursuant to NRS 240.195 ; and

(2) Complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033 .

Unless the Secretary of State establishes a different process for submitting a registration as an electronic notary public, the registration as an electronic notary public must be submitted as an electronic document by electronic mail to [email protected]

or, if another electronic mail address is designated by the Secretary of State, to such other designated electronic mail address, and must contain, without limitation, the following information:

(a) All information required to be included in an application for appointment as a notary public pursuant to NRS 240.030 .

(b) A description of the technology or device that the registrant intends to use to create his or her electronic signature in performing electronic notarial acts.

(d) Any other information required pursuant to any rules or regulations adopted by the Secretary of State.

Unless the Secretary of State establishes a different process for the payment of the registration fee required pursuant to paragraph (c) of subsection 1, the registration fee must be paid by check or draft, made payable to the Secretary of State and transmitted to the Office of the Secretary of State.
Except as otherwise provided in subsection 5, registration as an electronic notary public shall be deemed effective upon the payment of the registration fee required pursuant to paragraph (c) of subsection 1 if the registrant has satisfied all other applicable requirements.
The Secretary of State may establish a process for a person to simultaneously apply for appointment as a notary public and register as an electronic notary public. If the Secretary of State establishes such a process, registration as an electronic notary public shall be deemed effective upon the person complying with:

(a) The requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030

and 240.033 and with all other applicable notarial requirements set forth in this chapter; and

(b) The requirements set forth in this section to register as an electronic notary.

(Added to NRS by 2009, 3019 ; A 2017, 81 , 3449 ,

3457 ;

2019, 29 )

NRS 241.033

NRS

241.033

Meeting to consider character, misconduct, competence or health of person or to consider appeal of results of examination: Written notice to person required; exception; public body required to allow person whose character, misconduct, competence or health is to be considered to attend with representative and to present evidence; attendance of additional persons; copy of record.

Except as otherwise provided in subsection 7, a public body shall not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person or to consider an appeal by a person of the results of an examination conducted by or on behalf of the public body unless it has:

(a) Given written notice to that person of the time and place of the meeting; and

(b) Received proof of service of the notice.

The written notice required pursuant to subsection 1:

(a) Except as otherwise provided in subsection 3, must be given to the person in one of the following manners:

(1) Delivered personally to that person at least 7 calendar days before the meeting;

(2) Sent by certified mail to the last known address of that person at least 14 calendar days before the meeting;

(3) If the person is represented by an attorney in connection with the matter, delivered personally to the attorney of the person at least 7 calendar days before the meeting; or

(4) If the public body makes decisions directly concerning the employment of the person, delivered personally to the person at his or her place of employment during a time at which the person is required to be present at work that is at least 7 calendar days before the meeting.

(b) May, with respect to a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, include an informational statement setting forth that the public body may, without further notice, take administrative action against the person if the public body determines that such administrative action is warranted after considering the character, alleged misconduct, professional competence, or physical or mental health of the person.

(1) A list of the general topics concerning the person that will be considered by the public body during the closed meeting; and

(2) A statement of the provisions of subsection 4, if applicable.

The Nevada Athletic Commission is exempt from the requirements of paragraph (a) of subsection 2, but must give written notice of the time and place of the meeting and must receive proof of service of the notice before the meeting may be held.
If a public body holds a closed meeting or closes a portion of a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, the public body must allow that person to:

(a) Attend the closed meeting or that portion of the closed meeting during which the character, alleged misconduct, professional competence, or physical or mental health of the person is considered;

(b) Have an attorney or other representative of the persons choosing present with the person during the closed meeting; and

(c) Present written evidence, provide testimony and present witnesses relating to the character, alleged misconduct, professional competence, or physical or mental health of the person to the public body during the closed meeting.

Except as otherwise provided in subsection 4, with regard to the attendance of persons other than members of the public body and the person whose character, alleged misconduct, professional competence, physical or mental health or appeal of the results of an examination is considered, the chair of the public body may at any time before or during a closed meeting:

(a) Determine which additional persons, if any, are allowed to attend the closed meeting or portion thereof; or

(b) Allow the members of the public body to determine, by majority vote, which additional persons, if any, are allowed to attend the closed meeting or portion thereof.

A public body shall provide a copy of any record of a closed meeting prepared pursuant to NRS 241.035 , upon the request of any person who received written notice of the closed meeting pursuant to subsection 1.
For the purposes of this section:

(a) A meeting held to consider an applicant for employment is not subject to the notice requirements otherwise imposed by this section.

(b) Casual or tangential references to a person or the name of a person during a meeting do not constitute consideration of the character, alleged misconduct, professional competence, or physical or mental health of the person.

(c) A meeting held to recognize or award positive achievements of a person, including, without limitation, honors, awards, tenure and commendations, is not subject to the notice requirements otherwise imposed by this section.

(Added to NRS by 1993, 2636 ; A 2005, 977 , 2246 ,

2248 ;

2011, 2388 ; 2019, 3624 ; 2023, 1147 )

NRS 241.0333

NRS

241.0333

Meeting to consider administrative action against a person: Written notice required; exception.

Except as otherwise provided in subsection 5, a public body shall not consider at a meeting whether to take administrative action against a person unless the public body has given written notice to that person of the time and place of the meeting.
The written notice required pursuant to subsection 1 must be given to the person in one of the following manners:

(a) Delivered personally to that person at least 7 calendar days before the meeting;

(b) Sent by certified mail to the last known address of that person at least 14 calendar days before the meeting;

(c) If the person is represented by an attorney in connection with the matter, delivered personally to the attorney of the person at least 7 calendar days before the meeting; or

(d) If the public body makes decisions directly concerning the employment of the person, delivered personally to the person at his or her place of employment during a time at which the person is required to be present at work that is at least 7 calendar days before the meeting.

Except as otherwise provided in this subsection, a public body must receive proof of service of the written notice provided to a person pursuant to this section before the public body may consider the matter relating to that person at a meeting.
The written notice provided in this section is in addition to the notice of the meeting provided pursuant to NRS 241.020 .
The written notice otherwise required pursuant to this section is not required:

(a) If the public body provided written notice to the person pursuant to NRS 241.033

before holding a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of the person, and the written notice provided pursuant to NRS 241.033 included the informational statement described in paragraph (b) of subsection 2 of that section; or

(b) In an emergency.

As used in this section, emergency means an unforeseen circumstance which requires the public body to take immediate action and includes, without limitation:

(a) Disasters caused by fire, flood, earthquake or other natural causes; or

(b) Any impairment of the health and safety of the public.

(Added to NRS by 2023, 1143 )

NRS 241.034

NRS

241.034

Meeting to consider acquisition of real property by exercise of power of eminent domain: Written notice required.

A public body shall not consider at a meeting whether to acquire real property owned by a person by the exercise of the power of eminent domain unless the public body has given written notice to that person of the time and place of the meeting.
The written notice required pursuant to subsection 1 must be:

(a) Delivered personally to that person at least 7 calendar days before the meeting; or

(b) Sent by certified mail to the last known address of that person at least 14 calendar days before the meeting.

Ê A public body must receive proof of service of the written notice provided to a person pursuant to this section before the public body may consider the matter at a meeting.

The written notice provided in this section is in addition to the notice of the meeting provided pursuant to NRS 241.020 .
For the purposes of this section, real property shall be deemed to be owned only by the natural person or entity listed in the records of the county in which the real property is located to whom or which tax bills concerning the real property are sent.

(Added to NRS by 2001, 1835 ; A 2001 Special Session, 155 ; 2005, 2247 ; 2023, 1148 )

NRS 241.037

NRS

241.037

Action by Attorney General or person denied right conferred by chapter; limitation on actions.

The Attorney General may sue in any court of competent jurisdiction to have an action taken by a public body declared void or for an injunction against any public body or person to require compliance with or prevent violations of the provisions of this chapter. The injunction:

(a) May be issued without proof of actual damage or other irreparable harm sustained by any person.

(b) Does not relieve any person from criminal prosecution for the same violation.

Any person denied a right conferred by this chapter may sue in the district court of the district in which the public body ordinarily holds its meetings or in which the plaintiff resides. A suit may seek to have an action taken by the public body declared void, to require compliance with or prevent violations of this chapter or to determine the applicability of this chapter to discussions or decisions of the public body. The court may order payment of reasonable attorneys fees and court costs to a successful plaintiff in a suit brought under this subsection.
Except as otherwise provided in NRS 241.0365 :

(a) Any suit brought against a public body pursuant to subsection 1 or 2 to require compliance with the provisions of this chapter must be commenced within 120 days after the action objected to was taken by that public body in violation of this chapter.

(b) Any such suit brought to have an action declared void must be commenced within 60 days after the action objected to was taken.

(Added to NRS by 1983, 1012 ; A 1985, 147 ; 2013, 734 )

NRS 244.115

NRS

244.115

Recording of ordinances; copy as prima facie evidence.

The county clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher. The book, or a certified copy of an ordinance therein recorded and under the seal of the county, shall be received as prima facie evidence in all courts and places without further proof. If published in book or pamphlet form by authority of the board of county commissioners, the book or pamphlet shall be received as prima facie evidence without further proof.

[Part 2:296:1955]

COUNTY CODE

NRS 244.339

NRS

244.339

Partial abatement of property taxes imposed on real property used for community gardens or urban farms: Application; duties of board of county commissioners; requirements and limitations; ordinance.

An owner of real property who intends to allow the real property, including, without limitation, land or improvements on the real property, to be used as a community garden or urban farm may submit a request to the board of county commissioners of the county in which the real property is located for a partial abatement of the ad valorem taxes imposed pursuant to chapter 361 of NRS for the parcel on which the community garden or urban farm is located. If the real property is located in a city, the application must include, without limitation, proof that the governing body of the city has issued any necessary approvals for the use of the real property as a community garden or urban farm.
If the board of county commissioners receives an application pursuant to subsection 1, the board must provide notification of the application to:

(a) The Chief of the Budget Division of the Office of Finance;

(b) The county assessor;

(d) The governing body of the city where the property is located, if applicable.

The board of county commissioners shall hold a public hearing on the application not less than 30 days after providing notification of the application pursuant to subsection 2 and may approve the application after the public hearing if:

(a) The applicant demonstrates that the property is suitable for use as a community garden or urban farm;

(b) The applicant and the person operating the community garden or urban farm are willing and able to use the real property as a community garden or urban farm for a period of not less than 5 years; and

(c) The applicant enters into an agreement requiring the operation of the community garden or urban farm on the property for not less than 5 years beginning on the date of approval of the application.

If the board of county commissioners approves an application pursuant to this section, the applicant shall receive a partial abatement of the ad valorem taxes imposed pursuant to chapter 361 of NRS that is equal to 10 percent of the ad valorem taxes otherwise due for the parcel on which the community garden or urban farm is located for a period of 5 years, beginning on the July 1 of the fiscal year immediately following the date of approval of the application.
If the owner of real property receives a partial abatement of ad valorem taxes pursuant to this section, the owner shall record the approval of the abatement with the county recorder to ensure subsequent buyers have notice of the terms of the partial abatement.
If the real property of the person receiving the partial abatement pursuant to this section ceases to be used as a community garden or urban farm before the time specified in the agreement described in paragraph (c) of subsection 3 or the person ceases to comply with the terms of the agreement, the owner shall:

(a) Repay to the county treasurer the amount of the abatement that was authorized pursuant to this section before the date on which the property or person ceased to comply; and

(b) Pay the interest on the amount due pursuant to paragraph (a) at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last of the month following the period for which the payment would have been made had the abatement not been approved until the date of payment of the tax.

The board of county commissioners shall adopt an ordinance setting forth procedures to ensure the owner is complying with the terms of the agreement described in paragraph (c) of subsection 3 and continues to qualify for the partial abatement of ad valorem taxes. The procedures must provide, without limitation, for the county treasurer and county assessor to receive yearly notice as to whether the real property continues to qualify for the partial abatement or if the owner of the real property must be required to repay the abatement pursuant to subsection 6.
An owner may submit a new application for an abatement pursuant to this section after the expiration of the term of the abatement set forth in subsection 4.

(Added to NRS by 2021, 1988 )

NRS 244.3501

NRS

244.3501

Sale of intoxicating liquors: Enactment, style and recording of liquor boards ordinances.

An ordinance of the liquor board shall not be passed except by bill. When any ordinance is amended, the section or sections thereof shall be reenacted as amended, and an ordinance shall not be revised or amended by reference only to its title.
Every liquor board ordinance shall:

(a) Bear a summary, which shall appear before the title and which shall state in brief the subject matter of the ordinance.

(b) Embrace but one subject and matters necessarily connected therewith and pertaining thereto. The subject shall be clearly indicated in the title. In all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.

All proposed liquor board ordinances, when first proposed, shall be read aloud in full to the liquor board, and final action thereon shall be deferred until the next regular meeting of the board; but in cases of emergency, by unanimous consent of the whole board, final action may be taken immediately or at a special meeting called for that purpose.
All ordinances shall be:

(a) Signed by the chair of the liquor board.

(b) Attested by the county clerk.

(c) Published by title only, together with the names of the liquor board members voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before the same shall go into effect. Publication by title shall also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.

The style of liquor board ordinances shall be as follows:

The Liquor Board of the

County of................Does Ordain:

(Body of ordinance)

(Last section of ordinance)

Proposed on ........... (month) ........... (day) ........... (year)

Proposed by Member.............................................................................................

Passed .................. (month) ............... (day) ........... (year)

Vote:

Ayes: Members......................................................................

Nays: Members......................................................................

Absent: Members......................................................................

Attest:

...................................................... .......................................................................

County Clerk Chair of the Liquor Board

This ordinance shall be in force and effect from and after the ............ day of the month of ...... of the year .......

The county clerk shall record all liquor board ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher. The book, or a certified copy of an ordinance therein recorded and under the seal of the county, shall be received as prima facie evidence in all courts and places without further proof.

(Added to NRS by 1977, 625 ; A 2001, 45 )

NRS 244.3544

NRS

244.3544

Hearing: Notice; investigation; grant, denial or conditioning of license; issuance of license.

Upon receipt of a complete application and the application fee, the clerk shall:

(a) Set the application for public hearing at a regular meeting of the board, not less than 15 days nor more than 30 days thereafter, and give not less than 10 days written notice thereof to the applicant.

(b) Promptly give notice of such hearing and copies of the application to the sheriff, the county health officer and the county engineer, who shall investigate the application and report in writing to the board not later than the hearing with appropriate recommendations related to their official functions, as to granting a license and conditions thereof.

Based upon the testimony of the witnesses and evidence presented at such hearing, including the reports of such officers, the board shall grant the license, deny the license or set conditions which must be met, or security given that such conditions will be met, before a license is granted. If conditions are imposed by the board, the applicant shall furnish or cause to be furnished to the clerk proof that all conditions have been met before the license is issued by the clerk.
When the clerk certifies that all conditions have been met, the sheriff shall, upon receipt of a license fee in an amount to be determined by the board, issue a license for the assembly.

(Added to NRS by 1973, 1298 )

NRS 244.360

NRS

244.360

Abatement of nuisances: Complaint; notice; hearing; order; enforcement of order; costs; alternative procedures.

Whenever a written complaint is filed with the county clerk alleging the existence of a nuisance, as defined in NRS 40.140 , within the county, the county clerk shall notify the board of county commissioners, who, except as otherwise provided by subsections 5 and 6, shall forthwith fix a date to hear the proof of the complainant and of the owner or occupant of the real property whereon the alleged nuisance is claimed to exist not less than 30 nor more than 40 days subsequent to the filing of the complaint.
At the time of fixing the hearing, the board of county commissioners shall order and cause notice of the hearing to be published at least once a week for 2 weeks next preceding the date fixed for the hearing in a newspaper of general circulation published in the county and, if none is so published in the county, then in a newspaper having a general circulation in the county.
At the time fixed for hearing, the board of county commissioners shall proceed to hear the complaint and any opponents. The board may adjourn the hearing from time to time, not exceeding 14 days in all. At the hearing, it shall receive the proofs offered to establish or controvert the facts set forth in the complaint, and on the final hearing of the complaint, the board shall by resolution entered on its minutes determine whether or not a nuisance exists and, if one does exist, order the person or persons responsible for such nuisance to abate the same. If the order is not obeyed within 5 days after service of a copy upon the person or persons responsible for the nuisance, the board of county commissioners shall cause the abatement of the nuisance and make the cost of abatement a special assessment against the real property.
The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.
As an alternative to the procedure set forth in subsections 1, 2, 3 and 4, the board of county commissioners, upon receipt from the county clerk of notice of the filing of a complaint alleging the existence of a nuisance, may direct the district attorney to notify the person responsible for such nuisance to abate it, and if such notice is not obeyed after service thereof, within a reasonable time under the circumstances, as specified by the board, to bring legal proceedings for abatement of the nuisance, and for recovery of compensatory and exemplary damages and costs of suit. Such proceedings shall be under the control of the board of county commissioners in the same manner as other suits to which the county is a party.
Notwithstanding the abatement procedures set forth in the preceding subsections, any board of county commissioners in this State may, by ordinance, direct the district attorney of the county in which the board has jurisdiction to bring all necessary civil actions on behalf of the county in any court of competent jurisdiction to enjoin, abate or restrain the continued violation of any ordinance, rule or regulation enacted, adopted or passed by said board and having the effect of law, the violation of which is designated as a nuisance in such ordinance, rule or regulation. If the board of county commissioners decides to direct the district attorney as herein provided, it shall enact an ordinance empowering the district attorney to file all necessary civil actions in the name of the county in any court of competent jurisdiction to enforce any such ordinance, rule or regulation of the board having the effect of law.

[1:29:1901; RL § 1562; NCL § 2043]—(NRS A 1971, 944 ; 1973, 215 )

NRS 244.3653

NRS

244.3653

Program to provide financial assistance to owners of public or private property, to make such property resistant to flood damage, in county whose population is 100,000 or more but less than 700,000.

Except as otherwise provided in this section, a board of county commissioners of a county whose population is 100,000 or more but less than 700,000 may:

(a) Establish by ordinance a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded in order to make such property resistant to flood damage.

(b) Accept gifts, grants and other sources of money to pay the costs associated with a program established pursuant to paragraph (a).

(1) Revenue and bond proceeds derived from a flood management project, except that no bond proceeds may be used to provide any loans pursuant to the program.

(2) Funds from the infrastructure fund of the county.

(3) Gifts, grants and other sources of money available to the board of county commissioners.

An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1:

(a) Must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded is necessary to promote and protect the public health, safety and welfare.

(b) May include a provision that the award of financial assistance is subject to any limitation or condition that the board determines is necessary.

Financial assistance provided pursuant to a program established pursuant to subsection 1:

(a) May be in the form of grants or loans, or any combination thereof.

(b) May only be used to pay the actual and necessary costs to make private or public property resistant to flood damage, including, without limitation, flood-proofing the property, erecting barriers, elevating foundations of buildings, structures or improvements, and relocating buildings, structures or improvements to areas that are not likely to be flooded.

(1) To protect any building, structure or improvement unless the building, structure or improvement exists or construction has begun on the building, structure or improvement on or before July 1, 2009.

(2) To relocate any building, structure or improvement to property that is also in an area likely to be flooded.

(3) Unless the property owner:

(I) Submits an application for financial assistance on or before June 30, 2019.

(II) Has not received and agrees not to apply for any further financial assistance to make the property resistant to flood damage from a tourism improvement district established pursuant to NRS 271A.070 , a tax increment area created pursuant to NRS 278C.155 , a redevelopment area established pursuant to NRS 279.426 , a program for the rehabilitation of residential neighborhoods established pursuant to NRS 279A.030

or a program for the rehabilitation of abandoned residential properties established pursuant to NRS 279B.030 .

(III) Satisfies any conditions adopted by the board of county commissioners.

The board of county commissioners may delegate its authority to administer a program of financial assistance established pursuant to this section to a flood management authority.
The board of county commissioners or, if the board has delegated its authority to administer a program of financial assistance pursuant to subsection 4, a flood management authority may bring an action against the property owner for the collection of any delinquent payments, charges, fees, interest or penalties related to any loan provided pursuant to a program established pursuant to this section.
Nothing in this section shall be so construed as to require:

(a) A board of county commissioners to provide financial assistance to any property owner pursuant to this section; or

(b) A property owner to apply for or accept financial assistance pursuant to a program of financial assistance established pursuant to this program.

As used in this section:

(a) Drainage and flood control project has the meaning ascribed to it in NRS 244A.027 .

(b) Flood management authority means any entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include the acquisition, construction, improvement, operation and maintenance of a flood management project.

(c) Flood management project, or any phrase of similar import, means a project or improvement that is located within or without a county whose population is 100,000 or more but less than 700,000 and is established for the control or management of any flood or storm waters of the county or any flood or storm waters of a stream of which the source is located outside of the county. The term includes, without limitation:

(1) A drainage and flood control project;

(2) A project to construct, repair or restore an ecosystem;

(3) A project to mitigate any adverse effect of flooding or flood management activity or improvement;

(4) A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

(5) A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

(6) A park project that is related to a flood management project;

(7) Any landscaping or similar amenity that is constructed:

(I) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

(II) To mitigate any adverse effect on the environment relating to a flood management project;

(8) A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

(9) A project to protect and manage a floodplain;

(10) A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

(11) Any real property or interest in real property that is acquired to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management, or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

(Added to NRS by 2009, 1429 ; A 2011, 1110 )

NRS 245.210

NRS

245.210

Annual and other leave for county officers and employees; contents of ordinance or agreement.

The board of county commissioners of each of the several counties shall, by ordinance or agreement pursuant to chapter 288 of NRS, provide for annual, sick and disability leave for elected and appointed county officers and county employees. The provisions of such an ordinance or agreement may be more restrictive but not more extensive than the provisions set forth in this section.
The ordinance or agreement must include provisions in substance as follows:

(a) A provision that all elected and appointed officers and employees are entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days.

(b) A provision that the board of county commissioners may by order provide for additional annual leave for long-term appointed officers and employees and for prorated annual leave for part-time employees.

(c) A provision that if an appointed officer or employee dies and was entitled to accumulated annual leave under the provisions of the ordinance, the heirs of the deceased officer or employee who are given priority to succeed to his or her assets under the laws of intestate succession of this State, or the executor or administrator of his or her estate, upon submitting satisfactory proof to the board of county commissioners of their entitlement, are entitled to be paid an amount of money equal to the number of days earned or accrued annual leave multiplied by the daily salary or wages of the deceased officer or employee.

(d) A provision that an elected county officer must not be paid for accumulated annual leave upon termination of the officers service.

(e) A provision that during the first 6 months of employment of any appointed officer or employee, annual leave accrues as provided in paragraph (a), but annual leave must not be taken during this period.

(f) A provision that an appointed officer or employee must not be paid for accumulated annual leave upon termination of employment unless he or she has been employed for 6 months or more.

(g) A provision that all elected and appointed officers and employees are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year.

(h) A provision that the board of county commissioners may by order provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.

(i) A provision that any appointed officer or employee may be granted a leave of absence without pay.

Such an ordinance or agreement may include a provision that upon termination of employment, retirement or death all elected and appointed officers and employees are entitled to payment for their unused sick leave at their rate of salary at the time of termination, retirement or death.
Such an ordinance or agreement may include a provision that elected and appointed county officers and employees may donate portions of their accumulated annual and sick leave to other elected and appointed county officers and employees. If such a provision is adopted, donated time must be converted into money at the hourly rate of salary of the donor and the money must be converted into sick leave at the hourly rate of salary of the recipient.

[1:141:1951]—(NRS A 1963, 50 ; 1975, 1127 ; 1977, 809 ; 1979, 352 ; 1993, 2087 )

NRS 246.070

NRS

246.070

Fees relating to public lands deposited in county general fund.

The several county clerks, who are ex officio clerks of the district courts, and who are or may be authorized and empowered by any act of Congress to take and certify affidavits, applications and proofs for or relating to the location of the public lands of the United States, may not retain for their own use the fees and compensations allowed for such services but shall deposit the same in the county general fund.

[1:83:1901; RL § 1614; NCL § 2090]—(NRS A 1969, 1463 )

NRS 247.060

NRS

247.060

Power to take acknowledgment and proof of documents affecting real property; fees deposited in county general fund.

A county recorder may take and certify the acknowledgment and proof of all documents affecting any real property for which the county recorder is entitled to receive the same fees as are prescribed by law. A county recorder shall deposit all such fees in the county general fund.

[2:104:1865; A 1871, 107 ; B § 2995; BH § 2191; C § 2341; RL § 1629; NCL § 2106]—(NRS A 1969, 1463 ; 2001, 1734 )

NRS 247.110

NRS

247.110

Duties and powers concerning document deposited for recording; required format for certain documents submitted for recording; discretion to accept document not in required format; when document is considered recorded.

When a document authorized, entitled or required by law to be recorded is deposited in the county recorders office for recording, the county recorder shall:

(a) Endorse upon it the time when it was received, noting:

(1) The year, month, day, hour and minute of its reception;

(2) The document number; and

(3) The amount of fees collected for recording the document.

(b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.

(c) Note at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception and the name of the person at whose request it was recorded.

(d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that the county recorder received the original, and return the copy to the person who presented it.

In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.
Except as otherwise provided in this section and NRS 111.366 to 111.3697 , inclusive, a document, except a map, certificate or affidavit of death, military discharge or document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury, that is submitted for recording must be on a form authorized by NRS 104.9521 for the type of filing or, except as otherwise provided in subsection 5, must:

(a) Be on white, 20-pound paper that is 8 1/2 inches by 11 inches in size.

(b) Have a margin of 1 inch on the left and right sides and at the bottom of each page.

(c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

(d) Not be on sheets of paper that are bound together at the side, top or bottom.

(e) Not contain printed material on more than one side of each page.

(f) Not have any documents or other materials physically attached to the paper.

(g) Not contain:

(1) Colored markings to highlight text or any other part of the document;

(2) A stamp or seal that overlaps with text or a signature on the document, except in the case of a validated stamp or seal of a professional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS;

(3) Text that is smaller than a 10-point Times New Roman font and is printed in any ink other than black; or

(4) More than nine lines of text per vertical inch.

The provisions of subsection 3 do not apply to a document submitted for recording that has been filed with a court and which conforms to the formatting requirements established by the court.
A county recorder has the discretion to accept and record a document that does not meet the formatting requirements set forth in paragraphs (a) to (g), inclusive, of subsection 3.
A document is recorded when the information required pursuant to this section is placed on the document and is entered in the record of the county recorder.

[4:120:1923; A 1935, 247 ; 1931 NCL § 2114]—(NRS A 1965, 619 ; 1987, 772 ; 2001, 1736 ; 2003, 75 , 845 ,

1928 ,

2814 ;

2007, 140 ; 2011, 595 ; 2017, 734 )

NRS 247.120

NRS

247.120

Manner of recording specified documents.

Except as otherwise provided in NRS 247.145 , each county recorder shall, upon the payment of the prescribed statutory fees, record separately, in a manner which will allow a legible copy to be made, the following specified documents:

(a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.

(b) Except as otherwise provided in NRS 246.100 , certificates of marriage and marriage contracts.

(d) Official bonds.

(e) Notice of mechanics liens.

(f) Transcripts of judgments which by law are made liens upon real estate in this State and affidavits of renewal of those judgments.

(g) Notices of attachment upon real estate.

(h) Notices of the pendency of an action affecting real estate, the title thereto or the possession thereof.

(i) Instruments describing or relating to the separate property of married persons.

(j) Notice of preemption claims.

(k) Notices and certificates of location of mining claims.

(l) Affidavits of proof of annual labor on mining claims.

(m) Affidavits of intent to hold mining claims recorded pursuant to subsection 3 of NRS 517.230 .

(n) Certificates of sale.

(o) Judgments or decrees.

(p) Declarations of homesteads.

(q) Such other writings as are required or permitted by law to be recorded.

Each of the documents named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.
Except as otherwise provided in this subsection, before accepting for recording any document enumerated in subsection 1, the county recorder shall require a document suitable for recording by a method used by the recorder to preserve the recorders records. The county recorder may conform the size of a declaration of homestead that does not meet the formatting requirements set forth in subsection 3 of NRS 247.110 so that the declaration is suitable for recording by a method used by the recorder to preserve the recorders records. If any rights may be adversely affected because of a delay in recording caused by this requirement, the county recorder shall accept the document conditionally subject to submission of a suitable document at a later date. Before accepting a document conditionally, the recorder shall require the person who requests the recording to sign a statement that the person has been advised of the requirements described in this subsection and record the statement with the document.

[Part 2:120:1923; A 1935, 247 ; 1949, 84 ; 1943 NCL § 2112]—(NRS A 1963, 5 ; 1971, 804 ; 1977, 264 ; 1981, 238 ; 1985, 1681 ; 1987, 708 ; 1993, 299 ; 1995, 1526 ; 2001, 1737 ; 2003, 1929 ; 2007, 538 , 885 )

NRS 247.310

NRS

247.310

Fees for recording certain documents concerning mining claims; payment of fees to county treasurer.

Except as otherwise provided by law, county recorders shall charge the following fees for recording affidavits of proof of labor on mining claims and for recording, pursuant to subsection 3 of NRS 517.230 , affidavits of intent to hold mining claims:

For recording any such affidavits that embrace therein one claim................... $2

For each additional mining claim embraced in the affidavit........................ 2

Except as otherwise provided by law, county recorders shall charge $10 for recording:

(a) A notice or certificate of location of a mining claim; or

(b) An amended notice or certificate of location of a mining claim.

Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207 , county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

[1:83:1911; RL § 2046; NCL § 2977]—(NRS A 1959, 748 ; 1969, 1464 ; 1973, 1678 ; 1981, 214 ; 1985, 1006 ; 1987, 709 ; 1993, 300 , 1351 ;

2001, 3210 ; 2017, 737 )

NRS 247.530

NRS

247.530

Court order to maintain confidentiality of personal information; exception.

Except as otherwise provided in subsection 2, any person or entity listed in NRS 247.540 who wishes to have the personal information of the person or entity that is contained in the records of a county recorder be kept confidential must obtain an order of a court that requires the county recorder to maintain the personal information of the person or entity in a confidential manner. Such an order must be based on a sworn affidavit by the person or, if an entity, a person authorized to sign on behalf of the entity, which affidavit:

(a) States that the affiant qualifies as a person listed in NRS 247.540 or that the entity on behalf of whom the person is signing qualifies as an entity listed in NRS 247.540 ;

(b) Sets forth sufficient justification for the request for confidentiality; and

A person for whom a fictitious address has been issued pursuant to NRS 217.462

to 217.471 , inclusive, may request the county recorder to maintain the personal information of the person in a confidential manner without obtaining a court order pursuant to subsection 1 by submitting to the county recorder:

(a) A sworn affidavit which:

(1) States that the affiant has been issued a fictitious address pursuant to NRS 217.462 to 217.471 , inclusive; and

(2) Sets forth the document numbers of all records of a county recorder that contain confidential information; and

(b) Proof that the person has been issued a fictitious address pursuant to NRS 217.462

to 217.471 , inclusive, including, without limitation, a confirmation letter and a copy of the enrollment card if such documents are issued by the Division of Child and Family Services of the Department of Health and Human Services.

Ê Upon request of the county recorder, the Division shall verify whether a person who has submitted a request pursuant to this subsection has been issued a fictitious address pursuant to NRS 217.462 to 217.471 , inclusive.

Upon receipt of an order obtained pursuant to subsection 1 or a request made pursuant to subsection 2, a county recorder shall keep such information confidential and shall not:

(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or

(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

Any order of a court obtained pursuant to subsection 1 may authorize the county recorder to keep personal information confidential in a record that is filed with the county recorder subsequent to the date of the court order if the person submits a request to the county recorder along with the document number.

(Added to NRS by 2017, 1550 ; A 2021, 286 ; 2023, 454 )

NRS 250.130

NRS

250.130

Court order to maintain confidentiality of personal information; exception.

Except as otherwise provided in subsection 2, any person or entity listed in NRS 250.140 who wishes to have the personal information of the person or entity that is contained in the records of a county assessor be kept confidential must obtain an order of a court that requires the county assessor to maintain the personal information of the person or entity in a confidential manner. Such an order must be based on a sworn affidavit by the person or, if an entity, a person authorized to sign on behalf of the entity, which affidavit:

(a) States that the affiant qualifies as a person listed in NRS 250.140 or that the entity on behalf of whom the person is signing qualifies as an entity listed in NRS 250.140 ; and

(b) Sets forth sufficient justification for the request for confidentiality.

A person for whom a fictitious address has been issued pursuant to NRS 217.462

to 217.471 , inclusive, may request a county assessor to maintain the personal information of the person in a confidential manner without obtaining a court order pursuant to subsection 1 by submitting to the county assessor:

(a) A sworn affidavit which states that the affiant has been issued a fictitious address pursuant to NRS 217.462 to 217.471 , inclusive; and

(b) Proof that the person has been issued a fictitious address pursuant to NRS 217.462

Ê Upon request of the county assessor, the Division shall verify whether a person who has submitted a request pursuant to this subsection has been issued a fictitious address pursuant to NRS 217.462 to 217.471 , inclusive.

Upon receipt of an order obtained pursuant to subsection 1 or a request made pursuant to subsection 2, a county assessor shall keep such information confidential and shall not:

(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or

(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.

Any order of a court obtained pursuant to subsection 1 may authorize the county assessor to keep personal information confidential in a record that is filed with the county assessor subsequent to the date of the court order if the person submits a request to the county assessor along with the document number.

(Added to NRS by 2005, 1482 ; A 2017, 1552 ; 2021, 287 ; 2023; 458)

NRS 250.180

NRS

250.180

Program to request list of assessors roll; account with office of assessor to facilitate access to information.

A county assessor may establish a program whereby a person may request a complete list of the assessors roll, including, without limitation, any confidential information, by establishing an account with the office of the assessor to facilitate the persons ability to request such information electronically or by written request if the person has submitted to the assessor proof that he or she is eligible to request such information pursuant to NRS 250.160 and a signed and notarized affidavit acknowledging:

That the person has read and fully understands the current laws and regulations regarding the manner in which confidential information from the assessors files and records may be obtained and the authorized use of such information.
That the person understands that any sale or disclosure of such information must be in accordance with the provisions of NRS 250.100 to 250.180 , inclusive.
That the person understands that the assessor will maintain a record of any confidential information he or she requests.
That the person understands the penalties for violating the provisions of NRS 250.100 to 250.180 , inclusive.
That the person understands that a violation of any of the provisions of NRS 250.100 to 250.180 , inclusive, may result in a revocation of his or her privilege to request documents pursuant to this section.

(Added to NRS by 2005, 1483 ; A 2023, 460 )

NRS 253.0403

NRS

253.0403

Administration of estate in which gross value of decedents property does not exceed $25,000.

When the gross value of a decedents property situated in this State does not exceed $25,000, a public administrator or a person employed or contracted with pursuant to NRS 253.125 , as applicable, may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his or her right to do so.
The affidavit must provide:

(a) The name and address of the public administrator or person employed or contracted with pursuant to NRS 253.125 , as applicable, and his or her attestation that he or she is entitled by law to administer the estate;

(b) The decedents place of residence at the time of his or her death;

(d) That at least 40 days have elapsed since the death of the decedent;

(e) That no application or petition for the appointment of a personal representative is pending or has been granted in this State;

(f) A description of the personal property of the decedent;

(g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;

(h) If heirs or next of kin are known to the affiant, a description of the method of service the affiant used to provide to each of them notice of the affidavit and that at least 10 days have elapsed since the notice was provided;

(i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and

(j) The name of each person to whom the affiant intends to distribute the decedents property.

Before filing the affidavit with the court, the public administrator or a person employed or contracted with pursuant to NRS 253.125 , as applicable, shall take reasonable steps to ascertain whether any of the decedents heirs or next of kin exist. If the administrator or person determines that heirs or next of kin exist, the administrator or person shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.
If the affiant:

(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in NRS 147.195 .

(b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property the affiant holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.

A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if the person relies in good faith, he or she is immune from civil liability for actions based on that reliance.
Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator or person employed or contracted with pursuant to NRS 253.125 , as applicable, to do so:

(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

(Added to NRS by 1991, 195 ; A 1999, 917 ; 2003, 478 , 2515 ;

2005, 396 ; 2015, 1911 ; 2019, 1537 )

NRS 255.110

NRS

255.110

Records and maps: Duties; public inspection.

The county surveyor shall:

(a) Keep a correct and fair record of all surveys made by him or her in his or her official capacity, or by the county surveyors deputies acting in his or her stead, in the form of original field notes in field books to be provided by the county for that purpose.

(b) Number such surveys progressively.

(c) Make and preserve a fair and accurate record map of each survey, drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for that purpose in the engineering profession, endorsing thereon its proper number and his or her official certificate of survey.

(d) Obtain maps of mining claims, mill sites and tunnel rights recorded with the county recorder and prepare a county mining claim map which must accurately reflect the location of all such claims. A county surveyor shall not refuse to accept a map submitted by the locator of the mine, nor shall the county surveyor prepare a map in lieu of one submitted by the locator, unless he or she can affirmatively show that the map submitted does not accurately reflect the location of all of the claims.

All records of surveys required by this chapter must be transmitted by the county surveyor to his or her successor in office.
Field notes and records maps must be available for copying to any person requiring a copy of the field notes or records maps.

[8:64:1861; A 1949, 144 ; 1943 NCL § 2171]—(NRS A 1960, 136 ; 1971, 2196 ; 1973, 868 ; 2001, 1746 )

NRS 266.066

NRS

266.066

Judicial proceedings: Judicial notice of change in population category and organization of city and ordinances, rules, resolutions and regulations of city council; pleading and proof.

All courts of this state shall take judicial notice in all civil or criminal actions of:

(a) The change in population category and organization of any city.

(b) All ordinances, rules, resolutions or other regulations of the city council.

In all such actions, it is not necessary to plead the contents of any order, ordinance, rule, resolution or other regulation, but may be proved prima facie by the introduction of the original entry or a copy thereof certified by the clerk.

(Added to NRS by 1971, 296 ; A 2001, 625 )

NRS 268.017

NRS

268.017

Pleading and proof of charter and ordinances in judicial proceedings.

The charter and all ordinances, rules, resolutions or other regulations of an incorporated city shall be received as prima facie evidence in all courts without pleading the contents thereof. Such charter, ordinances, rules, resolutions or other regulations may be pleaded by title only and may be proved by introduction of:

The original entry thereof on the records of the city council or other governing body.
A copy of such original entry certified by the city clerk.
A printed copy published or purported to have been published by authority of the city council or other governing body.

(Added to NRS by 1971, 883 )

NRS 268.4294

NRS

268.4294

Hearing: Notice; investigation; grant, denial or conditioning of license; issuance of license.

Upon receipt of a complete application and the application fee, the clerk shall:

(a) Set the application for public hearing at a regular meeting of the city council, not less than 15 days nor more than 30 days thereafter, and give not less than 10 days written notice thereof to the applicant.

(b) Promptly give notice of such hearing and copies of the application to the chief of police, the county health officer and the city engineer, who shall investigate the application and report in writing to the city council, not later than the hearing with appropriate recommendations related to their official functions, as to granting a license and conditions thereof.

Based upon the testimony of the witnesses and evidence presented at such hearing, including the reports of such officers, the city council shall grant the license, deny the license or set conditions which must be met, or security given that such conditions will be met, before a license is granted. If conditions are imposed by the city council, the applicant shall furnish or cause to be furnished to the clerk proof that all conditions have been met before the license is issued by the clerk.
When the clerk certifies that all conditions have been met, the chief of police shall, upon receipt of a license fee in an amount to be determined by the city council, issue a license for the assembly.

(Added to NRS by 1973, 1300 )

NRS 270.090

NRS

270.090

Findings of fact, conclusions of law and judgment; recording of certified copy of judgment, map and plat; fees for recording; county recorder to provide copy of map or plat or access to digital map or plat to county assessor.

The findings of fact and conclusions of law and judgment must be made and entered as in other cases, and exceptions, motions for new trial and appeals may be had as provided in NRS and the Nevada Rules of Appellate Procedure.
The court or judge thereof shall in the findings and decree establish a definite map or plat of the city, or part thereof or addition thereto, in accordance with the pleadings and proof, and shall, by reference, make a part of the findings and judgment the map or plat so established.
Wherever blocks or parts of blocks in the original lost, destroyed, conflicting, erroneous or faulty maps or plats have been insufficiently or incorrectly platted, numbered or lettered, the omission, insufficiency or fault must be supplied and corrected in accordance with the pleadings and proof.
If the map or plat prepared by the surveyor is inadequate or impracticable of use for the judgment, the judgment or decree may require the making of a new map or plat in accordance with the provisions of the findings and judgment.
A certified copy of the judgment, together with the map or plat as is established by the court, must be recorded in the office of the county recorder of the county in which the action is tried. All the ties and descriptions of section or quarter section corners, monuments or marks required by NRS 270.020

must appear on the map finally established by the judgment. The county recorder may collect and receive as fees for recording and indexing the certified copy of the judgment and map, $10 for the map, and the specific statutory fees for the judgment, but not exceeding $50.

The judgment may require that all prior existing maps in conflict with the map or plat adopted be so marked or identified by the county recorder to show the substitution of the new map or plat in place thereof.
A county recorder who records a map or plat pursuant to this section shall, within 7 working days after recording the map or plat, provide to the county assessor at no charge:

(a) A duplicate copy of the map or plat and any supporting documents; or

(b) Access to the digital map or plat and any digital supporting documents. The map or plat and the supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

[9:120:1919; A 1929, 17 ; NCL § 1363]—(NRS A 1977, 1517 ; 1983, 349 ; 2001, 1559 , 1757 ;

2003, 2785 )

NRS 270.160

NRS

270.160

Procedure.

Any owner or owners of platted land in an incorporated city may make application in writing to the city council of the city wherein such land is situated for the vacation of the portion of the plat so owned by them, together with such portion of any and all streets, alleys and public ways as adjoin or abut the same.
Such application shall particularly describe the portion of the plat, and of the streets, alleys and public ways sought to be vacated, and shall be signed by the applicant or applicants.
A copy of such application shall be published at the expense of the applicant or applicants in a newspaper of general circulation published in such city, at least once a week for 3 successive weeks, which publication shall be deemed due and sufficient notice to all persons interested of the nature and purpose of such application.
Upon the filing of such application and proof of publication with the city clerk, the city council shall, at its next regular meeting, proceed to hear, consider and dispose of the same, and if the city council be satisfied that neither the public nor any person will be materially injured thereby, it shall order such portion of the plat, streets, alleys and public ways vacated in accordance with such application, a certified copy of which order shall be duly recorded in the office of the recorder of the county wherein such land is situated. Such county recorder shall endorse the information contained in the order on the original plat.
Such owner or owners shall cause to be prepared, at their expense, a revised plat plainly showing the approved vacation, and record it with the county recorder of the county in which the property is located after such revised plat has been approved by the city council. Such revised plat shall comply with all requirements of this chapter.

[1:73:1917; A 1941, 39 ; 1931 NCL § 1372]—(NRS A 1971, 763 )

NRS 271.305

NRS

271.305

Provisional order: Provision and contents of notice of hearing; restrictions on changes after provision of notice.

In the provisional order the governing body shall set a time, at least 20 days thereafter, and a place at which the owners of the tracts to be assessed, or any other interested persons, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.
Notice must be given:

(a) By publication.

(b) By mail.

Proof of publication must be by affidavit of the publisher.
Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, any penalties, and any collection costs.
The notice may be prepared by the engineer and ratified by the governing body, and, except as otherwise provided in subsection 7, must state:

(a) The kind of project proposed.

(b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.

(c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.

(d) The number of installments and time in which the assessments will be payable.

(e) The maximum rate of interest on unpaid installments of assessments.

(f) The extent of the improvement district to be assessed, by boundaries or other brief description.

(g) The time and place of the hearing where the governing body will consider all objections to the project.

(h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.

(i) If the project is not a neighborhood improvement project, that pursuant to NRS 271.306 , if a majority of the property owners to be assessed for a project proposed by a governing body object in writing within the time stated in paragraph (h), the project must not be acquired or improved unless:

(1) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy or assessments; or

(2) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets.

(j) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.

(k) Unless there will be no substantial change, that a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.

(l) That a person should object to the formation of the district using the procedure outlined in the notice if the persons support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.

(m) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:

(1) The person is entitled to be represented by counsel at the hearing;

(2) Any evidence the person desires to present on these issues must be presented at the hearing; and

(3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315 .

(n) If the project is a neighborhood improvement project, that:

(1) A person who owns or resides within a tract in the proposed improvement district may file a protest to inclusion in the assessment plat pursuant to NRS 271.392 ; and

(2) Pursuant to NRS 271.306 , if written remonstrances by the owners of tracts constituting one-third or more of the basis for the computation of assessments for the neighborhood improvement project are presented to the governing body, the governing body shall not proceed with the neighborhood improvement project.

The notice need not state either or both of the exceptions stated in subsection 2 of NRS 271.306 unless either or both of the exceptions are determined by the governing body or the engineer to be relevant to the proposed improvement district to which the notice appertains.
All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body, or by a document prepared by the engineer and ratified by the governing body, at any time before the passage of the ordinance adopted pursuant to NRS 271.325 , creating the improvement district, and authorizing the project.
No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except:

(a) As otherwise provided in NRS 271.640 to 271.646 , inclusive; or

(b) For the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.

The engineer may make minor changes in time, plans and materials entering into the work at any time before its completion.
If the ordinance is for a neighborhood improvement project, notice sent pursuant to this section must be sent by mail to each person who owns real property which is located within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district.

(Added to NRS by 1965, 1359 ; A 1969, 1413 ; 1989, 460 , 523 ,

638 ;

1991, 669 , 1873 ;

1993, 290 ; 1999, 2868 ; 2011, 2913 ; 2015, 149 )

NRS 271.470

NRS

271.470

Error in assessment: Judgment for expenses of municipality properly chargeable against owner or tract.

If in any action it appears that the assessment has not been properly made against the defendant, or the tract sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the municipality which is a proper charge against the defendant, or the tract in question, render judgment for the amount properly chargeable against such defendant or upon such tract.

(Added to NRS by 1965, 1373 )

NRS 271.625

NRS

271.625

Action by municipality for collection and enforcement of delinquent assessment or installment.

Irrespective of which county or municipal officer has been directed to collect and enforce assessments, any municipality may proceed with the collection or enforcement of any delinquent installment, or the entire assessment if the municipality has exercised its option to cause the whole amount of principal to become due and payable, by an action brought in the district court in and for the county in which the municipality is located. It is not necessary to bring a separate suit for each piece or parcel of property delinquent, but all or any part of the property delinquent under any single assessment roll or assessment district may be proceeded against in the same action, and any or all of the owners or persons interested in any of the property may be joined as parties defendant in the action to foreclose, and any and all liens for delinquent assessments or installments may be foreclosed in the proceedings.
The proceedings shall be tried before the court without a jury. In any such proceeding, it is sufficient to allege the passage of the ordinance for creating the district, the making of the improvement, the levying of assessments, the date of delinquency of the assessment or installment, and that it was not wholly paid prior to the delinquency or at all. The assessment roll and assessment ordinance, or authenticated copies thereof, are prima facie evidence of the regularity and legality of the proceedings connected therewith, and the burden of proof is upon the defendants.
In any action where the owners or parties interested in any particular tract included in the suit suffer a default, the court may enter judgment of foreclosure and sale as to those parties property and order execution thereon, and the sale may proceed as to the remaining defendants and property. The judgment of the court shall specify separately the amount of the assessment or installment, with interest, penalty and collection costs, including reasonable attorneys fees, chargeable to the several tracts in the proceedings. The judgment has the effect of a separate judgment, and any appeal shall not invalidate or delay it except as to property which is the subject of the appeal. Judgment may be entered as to any one or more tracts or parcels of land involved, and the court may retain jurisdiction of the case as to the balance.
All proceedings supplemental to the judgment, including appeal, period of redemption, sale and the issuance of a deed, shall be conducted in accordance with the law relating to property sold upon foreclosure of mortgages or liens upon real property, except that there shall be no personal liability upon the defendants for any deficiency in the proceeds of such sale.

(Added to NRS by 1969, 952 )

NRS 271.642

NRS

271.642

Modification if protest hearing required: Provisional order; contents and provision of notice of hearing.

After receipt of the report required pursuant to NRS 271.641 , if the governing body does not proceed pursuant to NRS 271.6415 , the governing body may make a provisional order by resolution to the effect that the project will be modified.
In a provisional order made pursuant to subsection 1, the governing body shall set a time, at least 20 days thereafter, and a place at which the owner of each tract in the improvement district, or any other interested person, may appear before the governing body and be heard as to the propriety and advisability of modifying the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments. If there are permanent residential dwelling units in the improvement district or a mobile home park is located on a tract in the improvement district, the notice must be given to the owner of each such dwelling unit, the owner of the tract on which the mobile home park is located and each tenant of the mobile home park, as applicable.
Notice must be given:

(a) By publication.

(b) By mail.

Proof of publication must be by affidavit of the publisher.
Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, penalties and any collection costs.
The notice must be prepared by the engineer, ratified by the governing body and state:

(a) In general terms, the proposed modification of the project.

(b) The estimated cost of the project, as modified, and the amount by which that cost is greater or less than the original cost of the project, as reflected in the ordinance creating the improvement district and ordering the project to be acquired or improved.

(c) The time and place of the hearing where the governing body will consider all objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments.

(d) That all written objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments must be filed with the clerk at least 3 days before the time set for the hearing.

(e) That if the owners of tracts in the improvement district which:

(1) Are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project; and

(2) Upon the modification of the project and, if applicable, the assessments, will in the aggregate have assessments greater than 50 percent of the aggregate amount of the assessments on the tracts in the improvement district which are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project,

Ê object in writing, within the time stated in paragraph (d), to such modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the installments will not be made.

(f) That if the assessment on any tract is increased as a result of the modification of the project, the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless the owner of each such tract has consented in writing to the increase.

(g) That the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless there has been filed with the clerk:

(1) Evidence that the modification is consented to:

(I) By the owners of the bonds for the improvement district which are payable from the assessments; and

(II) In the same manner as amendments to the ordinance creating the improvement district and ordering the project to be acquired or improved, as provided in the ordinance or in the indenture, fiscal agent agreement, resolution or other instrument pursuant to which the bonds are issued; or

(2) An opinion from an independent bond counsel stating that the modification does not materially adversely affect the interests of the owners of the bonds.

(h) That all proceedings regarding and records of the following are available for inspection at the office of the clerk:

(1) The amount of maximum special benefits estimated to be derived from the project, as modified, by each tract in the improvement district;

(2) If applicable, the modified assessment on each tract in the improvement district resulting from the modification of the project; and

(3) If applicable, the modified assessment installments and the due dates of the assessment installments.

(i) That a person may object to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments using the procedure outlined in the notice.

(j) That if a person objects to the amount of maximum special benefits estimated to be derived from the project, as modified, or to the legality of the proposed modification in any respect:

(1) The person is entitled to be represented by counsel at the hearing;

(2) Any evidence the person wants to present must be presented at the hearing; and

(3) Evidence that is not presented at the hearing may not be presented in an action brought pursuant to NRS 271.6435 .

No substantial change in the proposed modification of the project or, if applicable, the assessments, the assessment installments or the due dates of the assessment installments may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first.

(Added to NRS by 2011, 2908 ; A 2015, 158 )

NRS 274.270

NRS

274.270

Investigation by governing body of proposal by business to participate in benefits of zone; requirements for hiring certain employees; review of compliance with agreement; filing of information.

The governing body shall investigate the proposal made by a business pursuant to NRS 274.260 , and if it finds that the business is qualified by financial responsibility and business experience to create and preserve employment opportunities in the specially benefited zone and improve the economic climate of the municipality and finds further that the business did not relocate from a depressed area in this State or reduce employment elsewhere in Nevada in order to expand in the specially benefited zone, the governing body may, on behalf of the municipality, enter into an agreement with the business, for a period of not more than 20 years, under which the business agrees in return for one or more of the benefits authorized in this chapter and NRS 374.643 for qualified businesses, as specified in the agreement, to establish, expand, renovate or occupy a place of business within the specially benefited zone and hire new employees at least 35 percent of whom at the time they are employed are at least one of the following:

(a) Unemployed persons who have resided at least 6 months in the municipality.

(b) Persons eligible for employment or job training under any federal program for employment and training who have resided at least 6 months in the municipality.

(c) Recipients of benefits under any state or county program of public assistance, including, without limitation, temporary assistance for needy families, Medicaid and unemployment compensation who have resided at least 6 months in the municipality.

(d) Persons with a physical or intellectual disability who have resided at least 6 months in the State.

(e) Residents for at least 1 year of the area comprising the specially benefited zone.

To determine whether a business is in compliance with an agreement, the governing body:

(a) Shall each year require the business to file proof satisfactory to the governing body of its compliance with the agreement.

(b) May conduct any necessary investigation into the affairs of the business and may inspect at any reasonable hour its place of business within the specially benefited zone.

Ê If the governing body determines that the business is in compliance with the agreement, it shall issue a certificate to that effect to the business. The certificate expires 1 year after the date of its issuance.

The governing body shall file with the Administrator, the Department of Taxation and the Employment Security Division of the Department of Employment, Training and Rehabilitation a copy of each agreement, the information submitted under paragraph (a) of subsection 2 and the current certificate issued to the business under that subsection. The governing body shall immediately notify the Administrator, the Department of Taxation and the Employment Security Division of the Department of Employment, Training and Rehabilitation whenever the business is no longer certified.

(Added to NRS by 1983, 1982 ; A 1993, 1548 ; 1997, 2336 ; 1999, 2237 ; 2013, 693 )

NRS 278.02083

NRS

278.02083

Prohibition against restricting right of owner to display United States flag on real property; limitations; recovery of attorneys fees and costs in action for enforcement.

Except as otherwise provided in subsection 2:

(a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits an owner of real property from engaging in the display of the flag of the United States on his or her property.

(b) Any covenant, condition or restriction contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits the owner of the property from engaging in the display of the flag of the United States on his or her property is void and unenforceable.

The provisions of this section do not:

(a) Apply to the display of the flag of the United States for commercial advertising purposes.

(b) Preclude a governing body from imposing reasonable restrictions as to the time, place and manner of display of the flag of the United States if the governing body determines that such restrictions are necessary to protect the health, safety or welfare of the public. For the purposes of this paragraph, reasonable restrictions as to the time, place and manner of display of the flag of the United States may include, without limitation, reasonable restrictions as to height and setback.

In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorneys fees and costs.
As used in this section, display of the flag of the United States means a flag of the United States that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

(Added to NRS by 2003, 2965 )

NRS 278.02095

NRS

278.02095

Manufactured homes: Inclusion in definition of single-family residence; governing body to adopt standards for placement outside mobile home park; surrender of certificate of title of certain manufactured homes to Housing Division; limitations.

Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of single-family residence must include a manufactured home.
Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:

(a) The manufactured home:

(1) Be permanently affixed to a residential lot;

(2) Be manufactured within the 6 years

immediately preceding the date on which it is affixed to the residential lot;

(3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;

(4) Consist of one or more sections; and

(5) Consist of at least 400 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and

(b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.

Ê The governing body of a local government in a county whose population is less than 52,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.
Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of title to the Housing Division of the Department of Business and Industry. The Division shall provide proof of such a surrender to the owner who must submit that proof to the building department.
The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes, nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100 . An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.
As used in this section:

(a) Manufactured home has the meaning ascribed to it in NRS 489.113 .

(b) New manufactured home has the meaning ascribed to it in NRS 489.125 .

(Added to NRS by 1999, 3464 ; A 2001, 1119 , 1964 ;

2007, 2334 ; 2011, 1176 ; 2017, 3613 ; 2023, 37 , 266 )

NRS 278.26503

NRS

278.26503

Establishment of procedures for issuance of permit or special use permit for construction of project.

Each governing body:

Shall establish a process for the issuance of a permit for the construction of an aboveground utility project which is located in a corridor for the construction of aboveground utility projects identified in the master plan adopted by the planning commission or governing body.
Shall establish a process for the issuance of a special use permit for the construction of an aboveground utility project which is not located in a corridor for the construction of aboveground utility projects identified in the master plan adopted by the planning commission or governing body. The process adopted by the governing body must include, without limitation, provisions:

(a) Requiring the planning commission or the governing body to review each completed application at a public hearing;

(b) Requiring the applicant to provide proof satisfactory to the planning commission or the governing body that the construction of the aboveground utility project does not conflict with any existing or planned infrastructure or other utility projects; and

(c) Authorizing the planning commission or the governing body to issue or deny the issuance of a special use permit for the construction of an aboveground utility project based on the proximity of the proposed site of the aboveground utility project to any school, hospital or urban residential area with a dwelling density greater than 2 units per gross acre.

Shall establish a process for the issuance of a special use permit for the construction of a renewable energy generation project with a nameplate capacity of 10 megawatts or more which must include, without limitation, provisions:

(a) Establishing the required contents of an application;

(b) Establishing the criteria by which the planning commission or the governing body will evaluate an application; and

(c) Requiring the planning commission or the governing body to review each completed application at a public hearing not later than 65 days after receiving the complete application.

May establish an expedited process for the issuance of a permit or special use permit described in subsections 1, 2 and 3 if the governing body determines that:

(a) The project will be located in an isolated or rural area; and

(b) There is minimal risk of disturbance to residents as a result of the construction of the project.

(Added to NRS by 2013, 3214 )

NRS 278.660

NRS

278.660

Notice to Governor of proposed building construction.

As used in this section, building means a structure having one or more walls or columns, with or without a roof, which is designed to protect persons, animals or property from the elements.
When a building valued at $300 or more is proposed to be erected on land subject to zoning regulations prescribed by the Governor, the person so proposing shall give written notice to the Governor 10 days before construction is scheduled to commence.
The notice shall provide information concerning location, construction dates, value of building materials and intended use of the building. It shall be accompanied by a sketch and elevations of the building.
If the land is subject to local building regulations, the person otherwise authorized by law to issue the building permit shall give the notice required by subsection 2.

(Added to NRS by 1973, 843 )

NRS 278.710

NRS

278.710

Imposition of tax on privilege of development; special election; rate of tax; collection of tax; use of revenue; applicability of

chapter 278B

of NRS.

A board of county commissioners may by ordinance, but not as in a case of emergency, impose a tax for the improvement of transportation on the privilege of new residential, commercial, industrial and other development pursuant to paragraph (a) or (b) as follows:

(a) After receiving the approval of a majority of the registered voters of the county voting on the question at a special election or the next primary or general election, the board of county commissioners may impose the tax throughout the county, including any such development in incorporated cities in the county. A county may combine this question with a question submitted pursuant to NRS 244.3351 ,

371.045 or 377A.020 , or any combination thereof.

(b) After receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to NRS 244A.252 , voting on the question at a special or general district election or primary or general state election, the board of county commissioners may impose the tax within the boundaries of the district. A county may combine this question with a question submitted pursuant to NRS 244.3351 .

A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board of county commissioners to provide an essential service to the residents of the county.
The tax imposed pursuant to this section must be at such a rate and based on such criteria and classifications as the board of county commissioners determines to be appropriate. Each such determination is conclusive unless it constitutes an arbitrary and capricious abuse of discretion, but the tax imposed must not:

(a) For any fiscal year beginning:

(1) Before July 1, 2003, exceed $500;

(2) On or after July 1, 2003, and before July 1, 2005, exceed $650;

(3) On or after July 1, 2005, and before July 1, 2010, exceed $700;

(4) On or after July 1, 2010, and before July 1, 2015, exceed $800;

(5) On or after July 1, 2015, and before July 1, 2020, exceed $900; or

(6) On or after July 1, 2020, exceed $1,000,

Ê per single-family dwelling unit of new residential development, or the equivalent thereof as determined by the board of county commissioners; or

(b) For any fiscal year beginning:

(1) Before July 1, 2003, $0.50;

(2) On or after July 1, 2003, and before July 1, 2005, exceed $0.65;

(3) On or after July 1, 2005, and before July 1, 2010, exceed $0.75;

(4) On or after July 1, 2010, and before July 1, 2015, exceed $0.80;

(5) On or after July 1, 2015, and before July 1, 2020, exceed $0.90; or

(6) On or after July 1, 2020, exceed $1.00,

Ê per square foot on other new development.

If so provided in an ordinance adopted pursuant to this section, a newly developed lot for a mobile home must be considered a single-family dwelling unit of new residential development.
The tax imposed pursuant to this section must be collected before the time a certificate of occupancy for a building or other structure constituting new development is issued, or at such other time as is specified in the ordinance imposing the tax. If so provided in the ordinance, no certificate of occupancy may be issued by any local government unless proof of payment of the tax is filed with the person authorized to issue the certificate of occupancy. Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.
In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:

(1) Within the boundaries of the county;

(2) Within 1 mile outside the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or

(3) Within 30 miles outside the boundaries of the county and the boundaries of this State, where those boundaries are coterminous, if:

(I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this State and which connects this State to an interstate highway; and

(II) The board of county commissioners finds that such projects will provide a significant economic benefit to the county;

(b) The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

In a transportation district in which a tax has been imposed pursuant to paragraph (b) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:

(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights-of-way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037 , 244A.053 and 244A.055 , respectively, within the boundaries of the district or within such a distance outside those boundaries as is stated in the ordinance imposing the tax, if the board of county commissioners finds that such projects outside the boundaries of the district will facilitate transportation within the district;

(b) The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

The county may expend the proceeds of the tax authorized by this section, or any borrowing in anticipation of the tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.
The provisions of chapter 278B of NRS and any action taken pursuant to that chapter do not limit or in any other way apply to any tax imposed pursuant to this section.

(Added to NRS by 1991, 33 ; A 1993, 1046 , 2780 ,

2822 ;

1999, 1671 ; 2001, 1666 ; 2003, 956 )

SOUTHERN NEVADA ENTERPRISE COMMUNITY PROJECTS ACCOUNT

NRS 279.430

NRS

279.430

Authority of agency conclusively presumed from resolution.

In any proceeding involving the validity or enforcement of, or relating to, any contract by an agency, the agency is conclusively deemed to have been established and authorized to transact business and exercise its powers upon proof of the adoption of such a resolution.

(Added to NRS by 1959, 652 )

NRS 281.180

NRS

281.180

Record of official acts of person taking acknowledgments; liability and penalty.

Each person authorized by law to take the proof or acknowledgment of the execution of conveyances of real property, or other instrument required by law to be proved or acknowledged, shall keep a record of all of the persons official acts in relation thereto in a book to be provided by the person for that purpose. There shall be entered in the book:

(a) The date of the proof or acknowledgment thereof.

(b) The date of the instrument.

(d) The names of each of the parties thereto, as grantor, grantee or otherwise.

Ê During business hours, the record shall be open to public inspection without fee or reward.

Any person mentioned in subsection 1 who refuses or neglects to comply with the requirements of this section shall:

(a) Be punished by a fine of not more than $500; and

(b) Be liable on the persons official bond in damages to any person injured by such refusal or neglect to the extent of the injury sustained by reason of the refusal or neglect mentioned in this subsection.

[1:32:1869; B § 315; BH § 2662; C § 2730; RL § 1098; NCL § 1559] + [2:32:1869; B § 316; BH § 2663; C § 2731; RL § 1099; NCL § 1560]—(NRS A 1967, 548 )

NRS 283.180

NRS

283.180

Service of copy of articles: Personal service; publication of notice to appear and answer.

The service shall be made upon the defendant personally. If upon diligent inquiry the defendant cannot be found within the State and upon due proof of that fact, the Senate may order publication to be made, in such manner as it deems proper, of a notice requiring the defendant to appear at a specified time and place and answer the articles of impeachment.

[1911 Cr. Prac. § 32; RL § 6882; NCL § 10679]

NRS 283.190

NRS

283.190

Assignment of other hearing day or proceeding in defendants absence.

If the defendant does not appear, upon proof of service or publication as provided in NRS 283.170 and 283.180 , the Senate may, of its own motion or for cause shown, assign another day for hearing the impeachment; or, in the absence of the defendant, may then, or at any other time which it may appoint, proceed to trial and judgment.

[1911 Cr. Prac. § 33; RL § 6883; NCL § 10680]

NRS 284.240

NRS

284.240

Grounds for refusal by appointing authority to evaluate or certify.

An appointing authority may refuse to evaluate an applicant or, after evaluation, may refuse to certify an eligible person who:

Lacks any of the preliminary requirements established for the evaluation for the position or employment for which the applicant or eligible person applies.
Submitted to a screening test administered pursuant to NRS 284.4066 , the results of which indicated the presence of a controlled substance, and the person did not provide the proof required by NRS 284.4066 .
Has been dismissed from the public service for delinquency or misconduct.
Has made a false statement of any material fact.
Has, directly or indirectly, given, rendered or paid, or promised to give, render or pay, any money, service or other valuable thing to any person for, or on account of or in connection with, the evaluation, appointment or proposed appointment of the applicant or person.
Has practiced, or attempted to practice, any deception or fraud in the application, certificate or evaluation of the applicant or eligible person, or in securing the eligibility or appointment of the applicant or eligible person.

[27:351:1953]—(NRS A 1963, 1043 ; 1983, 629 ; 1993, 470 ; 2003, 1441 ; 2017, 2098 ; 2023, 3569 )

NRS 284.4063

NRS

284.4063

Grounds for disciplinary action: Failure to notify supervisor after consuming certain drugs; failure or refusal to submit to screening test; failure of screening test; regulations.

Except as otherwise provided in subsection 2 and subsection 5 of NRS 284.4065 , an employee who:

(a) Fails to notify the employees supervisor as soon as possible after consuming any drug which could interfere with the safe and efficient performance of the employees duties;

(b) Fails or refuses to submit to a screening test as requested by a state agency pursuant to subsection 1 or 2 of NRS 284.4065 ; or

(c) After taking a screening test which indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested by the employees appointing authority, that the employee had taken the controlled substance as directed pursuant to a current and lawful prescription issued in the employees name,

Ê is subject to disciplinary action.

The Commission may adopt regulations setting forth the circumstances under which a person who holds a valid registry identification card to engage in the medical use of cannabis pursuant to chapter 678C of NRS is subject to disciplinary action pursuant to this section.

(Added to NRS by 1991, 1349 ; A 1993, 2252 ; 2015, 1048 ; 2019, 3865 )

NRS 284.4064

NRS

284.4064

Appointing authority authorized to require employee who has consumed drug to obtain clearance from physician; inquiry regarding use of alcohol or drug by employee; preventing employee from continuing work.

If an employee informs the employees appointing authority that the employee has consumed any drug which could interfere with the safe and efficient performance of the employees duties, the appointing authority may require the employee to obtain clearance from the employees physician before the employee continues to work.
If an appointing authority reasonably believes, based upon objective facts, that an employees ability to perform the employees duties safely and efficiently:

(a) May be impaired by the consumption of alcohol or other drugs, it may ask the employee whether the employee has consumed any alcohol or other drugs and, if so:

(1) The amount and types of alcohol or other drugs consumed and the time of consumption;

(2) If a controlled substance other than cannabis was consumed, the name of the person who prescribed its use; and

(3) If cannabis was consumed, to provide proof that the employee holds a valid registry identification card to engage in the medical use of cannabis pursuant to chapter 678C of NRS.

(b) Is impaired by the consumption of alcohol or other drugs, it shall prevent the employee from continuing work and transport the employee or cause the employee to be transported safely away from the employees place of employment in accordance with regulations adopted by the Commission.

(Added to NRS by 1991, 1349 ; A 2003, 1449 ; 2015, 1048 ; 2019, 3865 )

NRS 284.4066

NRS

284.4066

Screening tests: Applicants for positions affecting public safety required to take screening test; appointing authority required to consider results; provision of results to applicant upon request; appointing authority required to provide certain results to Administrator; regulations.

Each appointing authority shall, subject to the approval of the Commission, determine whether each of its positions of employment affects the public safety. The appointing authority shall not hire an applicant for such a position unless the applicant submits to a screening test to detect the general presence of a controlled substance. Notice of the provisions of this section must be given to each applicant for such a position at or before the time of application.
An appointing authority shall consider the results of a screening test in determining whether to employ an applicant. If those results indicate the presence of a controlled substance other than cannabis, the appointing authority shall not hire the applicant unless the applicant provides, within 72 hours after being requested, proof that the applicant had taken the controlled substance as directed pursuant to a current and lawful prescription issued in the applicants name.
An appointing authority shall, at the request of an applicant, provide the applicant with the results of the applicants screening test.
If the results of a screening test indicate the presence of a controlled substance, the appointing authority shall:

(a) Provide the Administrator with the results of the applicants screening test.

(b) If applicable, inform the Administrator whether the applicant holds a valid registry identification card to engage in the medical use of cannabis pursuant to chapter 678C of NRS.

The Commission may adopt regulations relating to an applicant for a position which affects the public safety who tests positive for cannabis and holds a valid registry identification card to engage in the medical use of cannabis pursuant to chapter 678C of NRS.

(Added to NRS by 1991, 1350 ; A 1993, 2254 ; 2003, 1450 ; 2015, 1049 ; 2019, 3866 )

NRS 284.4067

NRS

284.4067

Screening tests: Requirements for administration; use; results.

A screening test:

(a) To detect the general presence of a controlled substance or any other drug, must be conducted by an independent laboratory that is certified by the United States Department of Health and Human Services.

(b) To detect the general presence of alcohol or of a controlled substance or any other drug, must be administered in such a manner as to protect the person tested from any unnecessary embarrassment.

Except as otherwise provided in subsection 3, a sample provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The appointing authority shall ensure that the person retains possession and control of the persons sample until it is appropriately tagged and sealed with tamper-proof tape.
If the results of a screening test indicate the presence of any drug which could impair the ability of a person to perform the duties of employment safely and efficiently:

(a) The laboratory shall conduct another test of the same sample to ascertain the specific substances and concentration of those substances in the sample; and

(b) The appointing authority shall provide the person tested with an opportunity to have the same sample tested at the persons expense by a laboratory of the persons choice certified by the United States Department of Health and Human Services.

(Added to NRS by 1991, 1351 ; A 1993, 2254 ; 1997, 1607 ; 2019, 599 )

NRS 286.665

NRS

286.665

Death of member, retired employee or beneficiary: Transfer of contributions to retirement fund under certain circumstances; procedure for claiming transferred money.

Any contributions remaining in a members, retired employees or beneficiarys individual account must be transferred to the Public Employees Retirement Fund or the Police and Firefighters Retirement Fund upon the death of the member, retired employee or beneficiary if there is no heir, devisee or legatee capable of receiving the money.
If, within 6 years after any transfer under subsection 1, any person appears and claims any money which was transferred to a retirement fund, the claimant may file a petition in the District Court for Carson City stating the nature of the claim, with an appropriate prayer for the relief demanded. A copy of the petition must be served upon the Attorney General before or at the time of filing it. Within 20 days after service, the Attorney General shall appear in the proceeding and respond to the petition. If, after examining all the facts, the Attorney General is convinced that the System has no legal defense against the petition, the Attorney General may, with the consent of the Court, confess judgment on behalf of the System.
If judgment is not confessed, the petition must be considered at issue on the 20th day after its filing, and may be heard by the Court on that day, or at such future day as the Court may order. Upon the hearing, the Court shall examine into the claim and hear the allegations and proofs. If the Court finds that the claimant is entitled to any money transferred under subsection 1 to a retirement fund, it shall order the Public Employees Retirement Board to pay such money forthwith to the claimant, but without interest or cost to the Board.
All persons, except minors and persons of unsound mind, who fail to appear and file their petitions within the time limited in subsection 2 are forever barred. Minors and persons of unsound mind may appear and file their petitions at any time within 5 years after their respective disabilities are removed.

(Added to NRS by 1977, 1573 ; A 1979, 259 ; 2003, 2064 )

NRS 286.6705

NRS

286.6705

Transfer of unpaid check for benefits or refund to retirement fund; claim for payment of money; period of limitation.

Any check for benefits or a refund which has not been paid within 5 years after being transferred to the account for unclaimed benefits or refunds must be transferred to the Public Employees Retirement Fund or Police and Firefighters Retirement Fund, whichever is appropriate.
If, within 6 years after a check for benefits or a refund has been transferred pursuant to subsection 1, any person appears and claims the money, the claimant may file a petition in the District Court for Carson City stating the nature of the claim, with an appropriate prayer for the relief demanded. A copy of the petition must be served upon the Attorney General before or at the time it is filed. Within 20 days after service, the Attorney General shall appear in the proceeding and respond to the petition. If, after examining all the facts, the Attorney General is convinced that the System has no legal defense against the petition, the Attorney General may, with the consent of the Court, confess judgment on behalf of the System.
If judgment is not confessed, the petition must be considered at issue on the 20th day after its filing, and may be heard by the Court on that day, or at such future day as the Court may order. Upon the hearing, the Court shall examine into the claim and hear the allegations and proofs. If the Court finds that the claimant is entitled to any money transferred pursuant to subsection 1 to a retirement fund, it shall order the Board to pay the money forthwith to the claimant, but without interest or cost to the Board.
All persons, except minors and persons of unsound mind, who fail to appear and file their petitions within the time limited in subsection 1 are forever barred. Minors and persons of unsound mind may appear and file their petitions at any time within 5 years after their respective disabilities are removed.

(Added to NRS by 1987, 681 ; A 2003, 2065 )

BENEFITS FOR SURVIVORS

General Provisions

NRS 293.177

NRS

293.177

Declaration of candidacy: Filing required; fee; filing periods; forms; contents; submission and retention of proof of identity, address and residency; appointment of agent for service of process; investigation and challenge of candidates; unlawful for candidates to make certain false statements.

Except as otherwise provided in NRS 293.165 and 293.166 , a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy with the appropriate filing officer and paid the filing fee required by NRS 293.193 not earlier than:

(a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January; and

(b) For all other candidates, the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

A declaration of candidacy required to be filed pursuant to this chapter must be in substantially the following form:

(a) For partisan office:

Declaration of Candidacy of ........ for the

Office of ................

State of Nevada

County of .......................

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ........., I, the undersigned ........, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .........., in the City or Town of ......., County of .........., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored; that I have not, in violation of the provisions of NRS 293.176 , changed the designation of my political party or political party affiliation on an official application to register to vote in any state since December 31 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

...............................................................................

(Designation of name)

...............................................................................

(Signature of candidate for office)

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

..................................................................

Notary Public or other person

authorized to administer an oath

(b) For nonpartisan office:

Declaration of Candidacy of ........ for the

Office of ................

State of Nevada

County of .......................

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ........., in the City or Town of ......., County of ........., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

...............................................................................

(Designation of name)

...............................................................................

(Signature of candidate for office)

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

..................................................................

Notary Public or other person

authorized to administer an oath

The address of a candidate which must be included in the declaration of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050 , if one has been assigned. The declaration of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

(a) The candidate shall not list the candidates address as a post office box unless a street address has not been assigned to his or her residence; and

(b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:

(1) A valid drivers license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidates residential address; or

(2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidates name and residential address, but not including a voter registration card.

If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidates residence or because the rural or remote location of the candidates residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

(a) A valid drivers license or identification card issued by a governmental agency that contains a photograph of the candidate; and

(b) Alternative proof of the candidates residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050 . The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidates residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050 .

The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:

(a) May not be withheld from the public; and

(b) Must not contain the social security number, drivers license or identification card number or account number of the candidate.

By filing the declaration of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293.182 . Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.
If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored, the filing officer:

(a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored; and

(b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.

The receipt of information by the Attorney General or district attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182 to which the provisions of NRS 293.2045 apply.
Any person who knowingly and willfully files a declaration of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.

(Added to NRS by 1960, 243 ; A 1961, 285 ; 1963, 1372 ; 1967, 859 ; 1971, 438 , 1551 ;

1975, 617 ; 1977, 240 ; 1979, 262 , 635 ;

1983, 1116 ; 1985, 1218 ; 1989, 178 , 1728 ,

2162 ;

1993, 2175 ; 1995, 75 , 2260 ;

1997, 228 , 752 ,

771 ,

3447 ;

1999, 2151 ; 2001, 149 , 673 ;

2003, 683 , 1643 ,

1715 ;

2005, 2284 ; 2007, 212 , 1148 ;

2009, 1262 ; 2017, 3296 ; 2019, 3374 , 4062 ;

2021, 33rd Special Session, 81 )

NRS 293.269927

NRS

293.269927

Duties of county clerk upon return of mail ballot: Procedure for checking signatures; safeguarding and delivery of mail ballots for counting; procedure to contact voter to remedy certain defects in returned mail ballot.

Except as otherwise provided in NRS 293D.200 , when a mail ballot is returned by or on behalf of a voter to the county clerk, and a record of its return is made in the mail ballot record for the election, the clerk or an employee in the office of the clerk shall check the signature used for the mail ballot by electronic means pursuant to subsection 2 or manually pursuant to subsection 3.
To check the signature used for a mail ballot by electronic means:

(a) The electronic device must take a digital image of the signature used for the mail ballot and compare the digital image with the signatures of the voter from his or her application to register to vote or application to preregister to vote available in the records of the county clerk.

(b) If the electronic device does not match the signature of the voter, the signature shall be reviewed manually pursuant to the provisions of subsection 3.

To check the signature used for a mail ballot manually, the county clerk shall use the following procedure:

(a) The clerk or employee shall check the signature used for the mail ballot against all signatures of the voter available in the records of the clerk.

(b) If at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the clerk shall contact the voter and ask the voter to confirm whether the signature used for the mail ballot belongs to the voter.

For purposes of subsection 3:

(a) There is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if the signature used for the mail ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk.

(b) There is not a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if:

(1) The signature used for the mail ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name, the substitution of a different type of punctuation in the first, middle or last name, the use of a common nickname or the use of one last name for a person who has two last names and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk; or

(2) There are only slight dissimilarities between the signature used for the mail ballot and the signatures of the voter available in the records of the clerk.

Except as otherwise provided in subsection 6, if the clerk determines that the voter is entitled to cast the mail ballot, the clerk shall deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times. The clerk shall deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting.
If the clerk determines when checking the signature used for the mail ballot that the voter failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot or that there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, but the voter is otherwise entitled to cast the mail ballot, the clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the sixth day following the election.
The clerk shall prescribe procedures for a voter who failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot, or for whom there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, in order to:

(a) Contact the voter;

(b) Allow the voter to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable; and

(c) After a signature or a confirmation is provided, as applicable, ensure the mail ballot is delivered to the mail ballot central counting board.

If there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the voter must be identified by:

(a) Answering questions from the county clerk covering the personal data which is reported on the application to register to vote;

(b) Providing the county clerk, orally or in writing, with other personal data which verifies the identity of the voter; or

other than the voter registration card issued to the voter.

The procedures established pursuant to subsection 7 for contacting a voter must require the clerk to contact the voter, as soon as possible after receipt of the mail ballot, by:

(a) Mail;

(b) Telephone, if a telephone number for the voter is available in the records of the clerk; and

(c) Electronic means, which may include, without limitation, electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means.

(Added to NRS by 2021, 1220 )

NRS 293.283

NRS

293.283

Identification of registered voter who is unable to sign name.

If, because of physical limitations, a registered voter is unable to sign his or her name in the roster or on a signature card as required by NRS 293.277 , the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter.

If the identity of the voter is verified, the election board officer shall indicate in the roster Identified by the voters name.

(Added to NRS by 1960, 252 ; A 1985, 560 ; 1995, 2264 ; 2015, 3151 ; 2017, 3819 , 3846 ;

2019, 4072 )

NRS 293.285

NRS

293.285

Procedure for taking registered voters signature. [Effective through December 31, 2024.]

Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887 , inclusive:

(a) A registered voter applying to vote shall state his or her name to the election board officer in charge of the roster; and

(b) The election board officer shall:

(1) Announce the name of the registered voter;

(2) Instruct the registered voter to sign the roster or signature card;

(3) Verify the signature of the registered voter in the manner set forth in NRS 293.277 ; and

(4) Verify that the registered voter has not already voted in that county in the current election.

If the signature does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter.

If the signature of the voter has changed in comparison to the signature on the application to preregister or register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

(Added to NRS by 1960, 253 ; A 1971, 442 , 1486 ;

1987, 692 ; 2007, 2588 ; 2015, 3152 ; 2017, 3819 , 3847 ;

2019, 4073 ; 2021, 1228 )

NRS

293.285

Procedure for taking registered voters signature. [Effective January 1, 2025.]

Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887 , inclusive:

(a) A registered voter applying to vote shall state his or her name to the election board officer in charge of the roster; and

(b) The election board officer shall:

(1) Announce the name of the registered voter;

(2) Instruct the registered voter to sign the roster or signature card;

(3) Verify the signature of the registered voter in the manner set forth in NRS 293.277 ; and

(4) Verify that the registered voter has not already voted in that county in the current election.

Except as otherwise provided in NRS 293.57691 , if the signature does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter.

If the signature of the voter has changed in comparison to the signature on the application to preregister or register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

(Added to NRS by 1960, 253 ; A 1971, 442 , 1486 ;

1987, 692 ; 2007, 2588 ; 2015, 3152 ; 2017, 3819 , 3847 ;

2019, 4073 ; 2021, 1228 , 3856 ;

2023, 3311 , effective January 1, 2025)

NRS 293.303

NRS

293.303

Challenges.

A person applying to vote may be challenged:

(a) Orally by any registered voter of the precinct upon the ground that he or she is not the person entitled to vote as claimed or has voted before at the same election. A registered voter who initiates a challenge pursuant to this paragraph must submit an affirmation that is signed under penalty of perjury and in the form prescribed by the Secretary of State stating that the challenge is based on the personal knowledge of the registered voter.

(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547 .

If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

(a) If the challenge is on the ground that the challenged person does not belong to the political party designated upon the roster, I swear or affirm under penalty of perjury that I belong to the political party designated upon the roster;

(b) If the challenge is on the ground that the roster does not show that the challenged person designated the political party to which he or she claims to belong, I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong;

(c) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the roster, I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the roster;

(d) If the challenge is on the ground that the challenged person previously voted a ballot for the election, I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election; or

(e) If the challenge is on the ground that the challenged person is not the person he or she claims to be, I swear or affirm under penalty of perjury that I am the person whose name is in this roster.

Ê The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.

Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, the person must not be issued a ballot, and the election board officer shall indicate in the roster Challenged by the persons name.
If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue the person a nonpartisan ballot.
If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293.304 .
If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue the person a partisan ballot.
If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification which contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card does not provide proof of the address at which a person resides.
If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:

(a) Furnishes official identification which contains a photograph of the person, such as a drivers license or other official document; or

(b) Brings before the election board officers a person who is at least 18 years of age who:

(1) Furnishes official identification which contains a photograph of that person, such as a drivers license or other official document; and

(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.

The election board officers shall:

(a) Record on the challenge list:

(1) The name of the challenged person;

(2) The name of the registered voter who initiated the challenge; and

(3) The result of the challenge; and

(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.

(Added to NRS by 1960, 255 ; A 1977, 244 ; 1983, 1287 ; 1985, 560 ; 1987, 340 ; 1991, 1682 ; 1993, 2182 ; 1995, 2264 ; 1997, 759 ; 2001, 1949 , 2948 ;

2003, 200 , 210 ;

2007, 1152 , 2588 ;

2015, 3153 ; 2019, 4074 )

NRS 293.3075

NRS

293.3075

Requirements for casting ballots at vote centers. [Effective through December 31, 2024.]

Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887 , inclusive, upon the appearance of a person to cast a ballot at a polling place established pursuant to NRS 293.3072 , the election board officer shall:

(a) Determine that the person is a registered voter in the county and has not already voted in that county in the current election;

(b) Instruct the voter to sign the roster or a signature card; and

If the signature of the voter does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter.

If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election.
When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place where he or she applies to vote.
If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

(a) Prepare the mechanical voting device for the voter;

(b) Ensure that the voters precinct or voting district and the form of the ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

A voter applying to vote at a polling place established pursuant to NRS 293.3072

may be challenged pursuant to NRS 293.303 .

(Added to NRS by 2019, 4051 )

NRS

293.3075

Requirements for casting ballots at vote centers. [Effective January 1, 2025.]

Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887 , inclusive, upon the appearance of a person to cast a ballot at a polling place established pursuant to NRS 293.3072 , the election board officer shall:

(a) Determine that the person is a registered voter in the county and has not already voted in that county in the current election;

(b) Instruct the voter to sign the roster or a signature card; and

Except as otherwise provided in NRS 293.57691 , if the signature of the voter does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter.

If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election.
When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place where he or she applies to vote.
If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

(a) Prepare the mechanical voting device for the voter;

(b) Ensure that the voters precinct or voting district and the form of the ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

A voter applying to vote at a polling place established pursuant to NRS 293.3072

may be challenged pursuant to NRS 293.303 .

(Added to NRS by 2019, 4051 ; A 2021, 3857 ; 2023, 3311 , effective January 1, 2025)

VOTING BY PROVISIONAL BALLOT UNDER CERTAIN CIRCUMSTANCES

NRS 293.3585

NRS

293.3585

Procedure for early voting. [Effective through December 31, 2024.]

Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887 , inclusive, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

(a) Determine that the person is a registered voter in the county.

(b) Instruct the voter to sign the roster for early voting or a signature card.

(d) Verify that the voter has not already voted in that county in the current election.

If the signature of the voter does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter.

If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election.
The roster for early voting or a signature card, as applicable, must contain:

(a) The voters name, the address where he or she is registered to vote, his or her voter identification number and a place for the voters signature;

(b) The voters precinct or voting district number, if that information is available; and

When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.
If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

(a) Prepare the mechanical recording device for the voter;

(b) Ensure that the voters precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303 .
For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

(Added to NRS by 1993, 2170 ; A 1995, 2267 , 2627 ,

2779 ;

1997, 668 , 671 ,

2780 ;

1999, 695 ; 2007, 1159 , 2594 ;

2015, 3156 ; 2017, 3821 , 3847 ;

2019, 4082 ; 2021, 1230 )

NRS

293.3585

Procedure for early voting. [Effective January 1, 2025.]

Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887 , inclusive, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

(a) Determine that the person is a registered voter in the county.

(b) Instruct the voter to sign the roster for early voting or a signature card.

(d) Verify that the voter has not already voted in that county in the current election.

Except as otherwise provided in NRS 293.57691 , if the signature of the voter does not match, the voter must be identified by:

(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

(c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter.

If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election.
The roster for early voting or a signature card, as applicable, must contain:

(a) The voters name, the address where he or she is registered to vote, his or her voter identification number and a place for the voters signature;

(b) The voters precinct or voting district number, if that information is available; and

When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.
If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

(a) Prepare the mechanical recording device for the voter;

(b) Ensure that the voters precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303 .
For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

(Added to NRS by 1993, 2170 ; A 1995, 2267 , 2627 ,

2779 ;

1997, 668 , 671 ,

2780 ;

1999, 695 ; 2007, 1159 , 2594 ;

2015, 3156 ; 2017, 3821 , 3847 ;

2019, 4082 ; 2021, 1230 , 3857 ;

2023, 3311 , effective January 1, 2025)

NRS 293.505

NRS

293.505

Appointment, powers and duties relating to field registrars; prohibited acts relating to preregistration and registration; penalties.

All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.
The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055 , shall preregister and register voters within the county for which the field registrar is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform such duties as the county clerk may direct. The county clerk shall not knowingly appoint any person as a field registrar who has been convicted of a felony involving theft or fraud. The Secretary of State may bring an action against a county clerk to collect a civil penalty of not more than $5,000 for each person who is appointed as a field registrar in violation of this subsection. Any civil penalty collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.
A field registrar shall demand of any person who applies for preregistration or registration all information required by the application to preregister or register to vote, as applicable, and shall administer all oaths required by this chapter.
When a field registrar has in his or her possession five or more completed applications to preregister or register to vote, the field registrar shall forward them to the county clerk, but in no case may the field registrar hold any number of them for more than 10 days.
Each field registrar shall forward to the county clerk all completed applications in his or her possession immediately after the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527 , as applicable. Within 5 days after the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527 , as applicable, a field registrar shall return all unused applications in his or her possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.
Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to preregister or register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.
Each field registrar shall post notices sent to him or her by the county clerk for posting in accordance with the election laws of this State.
A field registrar, employee of a voter registration agency or person assisting a voter pursuant to NRS 293.5235 shall not:

(a) Delegate any of his or her duties to another person; or

(b) Refuse to preregister or register a person on account of that persons political party affiliation.

A person shall not hold himself or herself out to be or attempt to exercise the duties of a field registrar unless the person has been so appointed.
A county clerk, field registrar, employee of a voter registration agency or person assisting another person pursuant to NRS 293.5235 shall not:

(a) Solicit a vote for or against a particular question or candidate;

(b) Speak to a person on the subject of marking his or her ballot for or against a particular question or candidate; or

(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

Ê while preregistering or registering the person.

When the county clerk receives applications to preregister or register to vote from a field registrar, the county clerk shall issue a receipt to the field registrar. The receipt must include:

(a) The number of persons preregistered or registered; and

(b) The political party of the persons preregistered or registered.

A county clerk, field registrar, employee of a voter registration agency or person assisting another person pursuant to NRS 293.5235 shall not:

(a) Knowingly:

(1) Register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote; or

(2) Preregister a person who does not meet the qualifications set forth in NRS 293.4855 ; or

(b) Preregister or register a person who fails to provide satisfactory proof of identification and the address at which the person actually resides.

A county clerk, field registrar, employee of a voter registration agency, person assisting another person pursuant to NRS 293.5235 or any other person providing a form for the application to preregister or register to vote to an elector for the purpose of preregistering or registering to vote:

(a) If the person who assists another person with completing the form for the application to preregister or register to vote retains the form, shall enter his or her name on the duplicate copy or receipt retained by the person upon completion of the form; and

(b) Shall not alter, deface or destroy an application to preregister or register to vote that has been signed by a person except to correct information contained in the application after receiving notice from the person that a change in or addition to the information is required.

If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.
A person who violates any of the provisions of subsection 8, 9, 10, 12 or 13 is guilty of a category E felony and shall be punished as provided in NRS 193.130 .

(Added to NRS by 1960, 272 ; A 1975, 942 ; 1981, 1701 ; 1985, 561 ; 1987, 355 , 696 ,

1372 ,

1617 ;

1991, 2222 ; 1993, 2190 ; 1995, 680 , 1266 ,

2269 ;

1997, 232 , 608 ,

762 ,

774 ;

2003, 1719 , 2178 ;

2005, 1435 ; 2011, 2093 ; 2017, 405 , 3333 ,

3851 ;

2019, 4088 )

NRS 293.517

NRS

293.517

Authorized methods of preregistration and registration; requirements for application; change of name; issuance of voter registration card; objection to application by county clerk under certain circumstances. [Effective through December 31, 2024.]

Any person who meets the qualifications set forth in NRS 293.4855 residing within the county may preregister to vote and any elector residing within the county may register to vote:

(a) Except as otherwise provided in NRS 293.560 and 293C.527 , by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to preregister or register to vote, giving true and satisfactory answers to all questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;

(b) By completing and mailing or personally delivering to the county clerk an application to preregister or register to vote pursuant to the provisions of NRS 293.5235 ;

(d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237 ;

(e) By submitting an application to preregister or register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 ; or

(f) By any other method authorized by the provisions of this title.

Ê The county clerk shall require a person to submit official identification as proof of residence and identity, such as a drivers license or other official document, before preregistering or registering the person. If the applicant preregisters or registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3078

to 293.3086 , inclusive. For the purposes of this subsection, a voter registration card does not provide proof of the residence or identity of a person.

In addition to the methods for registering to vote described in subsection 1, an elector may register to vote pursuant to:

(a) NRS 293.269951 , if applicable; or

(b) NRS 293.5772 to 293.5887 , inclusive.

Except as otherwise provided in NRS 293.5732 to 293.5757 , inclusive, the application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.
Each person or elector who is or has been married must be preregistered or registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.
A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister or register to vote, as applicable. The person or elector may obtain a new application:

(a) At the office of the county clerk or field registrar;

(b) By submitting an application to preregister or register to vote pursuant to the provisions of NRS 293.5235 ;

(c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to preregister or register to vote;

(d) At any voter registration agency; or

(e) By submitting an application to preregister or register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 .

Ê If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

Except as otherwise provided in subsection 8 and NRS 293.5742 to 293.5757 , inclusive, 293.5767 and 293.5772 to 293.5887 , inclusive, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.
After the county clerk determines that the application to register to vote of a person is complete and that, except as otherwise provided in NRS 293D.210 , the person is eligible to vote pursuant to NRS 293.485 , the county clerk shall issue a voter registration card to the voter.
If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507

that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application is incomplete or that, except as otherwise provided in NRS 293D.210 , the person is not eligible to preregister pursuant to NRS 293.4855

or the elector is not eligible to vote pursuant to NRS 293.485 , as applicable. If the county clerk objects pursuant to this subsection, he or she shall immediately notify the person or elector, as applicable, and the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk as to whether:

(a) The application is complete and, except as otherwise provided in NRS 293D.210 , the person is eligible to preregister pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485 ; and

(b) The county clerk should proceed to process the application.

If the district attorney advises the county clerk to process the application pursuant to subsection 8, the county clerk shall immediately issue a voter registration card to the applicant, unless the applicant is preregistered to vote and does not currently meet the requirements to be issued a voter registration card pursuant to NRS 293.4855 .

(Added to NRS by 1960, 274 ; A 1983, 1289 ; 1985, 562 ; 1989, 2168 ; 1991, 1684 ; 1993, 2192 ; 1995, 2272 ; 1997, 764 , 3466 ;

2003, 1720 , 2180 ;

2007, 1163 , 2603 ;

2011, 1925 , 2094 ;

2017, 3856 ; 2018 initiative petition, Ballot Question No. 5; 2019, 4090 ; 2021, 1877 , 3824 )

NRS

293.517

Any person who meets the qualifications set forth in NRS 293.4855 residing within the county may preregister to vote and any elector residing within the county may register to vote:

(b) By completing and mailing or personally delivering to the county clerk an application to preregister or register to vote pursuant to the provisions of NRS 293.5235 ;

(d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237 ;

(e) By submitting an application to preregister or register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 ; or

(f) By any other method authorized by the provisions of this title.

to 293.3086 , inclusive. For the purposes of this subsection, a voter registration card does not provide proof of the residence or identity of a person.

In addition to the methods for registering to vote described in subsection 1, an elector may register to vote pursuant to:

(a) NRS 293.269951 , if applicable;

(b) NRS 293.5768 to 293.57699 , inclusive; or

Except as otherwise provided in NRS 293.5768 to 293.57699 , inclusive, the application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.
Each person or elector who is or has been married must be preregistered or registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.
A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister or register to vote, as applicable. The person or elector may obtain a new application:

(a) At the office of the county clerk or field registrar;

(b) By submitting an application to preregister or register to vote pursuant to the provisions of NRS 293.5235 ;

(c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to preregister or register to vote;

(d) At any voter registration agency; or

(e) By submitting an application to preregister or register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 .

Except as otherwise provided in subsection 8 and NRS 293.5768 to 293.57699 , inclusive, and 293.5772 to 293.5887 , inclusive, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.
After the county clerk determines that the application to register to vote of a person is complete and that, except as otherwise provided in NRS 293D.210 , the person is eligible to vote pursuant to NRS 293.485 , the county clerk shall issue a voter registration card to the voter.
If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507

(b) The county clerk should proceed to process the application.

If the district attorney advises the county clerk to process the application pursuant to subsection 8, the county clerk shall immediately issue a voter registration card to the applicant, unless the applicant is preregistered to vote and does not currently meet the requirements to be issued a voter registration card pursuant to NRS 293.4855 .

(Added to NRS by 1960, 274 ; A 1983, 1289 ; 1985, 562 ; 1989, 2168 ; 1991, 1684 ; 1993, 2192 ; 1995, 2272 ; 1997, 764 , 3466 ;

2003, 1720 , 2180 ;

2007, 1163 , 2603 ;

2011, 1925 , 2094 ;

2017, 3856 ; 2018 initiative petition, Ballot Question No. 5; 2019, 4090 ; 2021, 1877 , 3824 ,

3860 ;

2023, 3311 , effective January 1, 2025)

NRS 293.535

NRS

293.535

Challenges alleging that registered voter is not citizen of United States or has abandoned residence in county; notice to registrant; procedure; cancellation; other challenges not precluded.

The county clerk shall notify a registrant if any elector or other reliable person files an affidavit with the county clerk stating that:

(a) The registrant is not a citizen of the United States; or

(b) The registrant has:

(1) Moved outside the boundaries of the county where he or she is registered to another county, state, territory or foreign country, with the intention of remaining there for an indefinite time and with the intention of abandoning his or her residence in the county where registered; and

(2) Established residence in some other state, territory or foreign country, or in some other county of this state, naming the place.

Ê The affiant must state that he or she has personal knowledge of the facts set forth in the affidavit.

Upon the filing of an affidavit pursuant to paragraph (b) of subsection 1, the county clerk shall notify the registrant in the manner set forth in NRS 293.530 and shall enclose a copy of the affidavit. If the registrant fails to respond or appear to vote within the required time, the county clerk shall cancel the registration.
An affidavit filed pursuant to paragraph (a) of subsection 1 must be filed not later than 30 days before an election. Upon the filing of such an affidavit, the county clerk shall notify the registrant by registered or certified mail, return receipt requested, of the filing of the affidavit, and shall enclose a copy of the affidavit. Unless the registrant, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of citizenship, the county clerk shall cancel the registration.
The provisions of this section do not prevent the challenge provided for in NRS 293.303 or 293C.292 .
A county clerk is not required to take any action pursuant to this section in relation to a person who is preregistered to vote until the person is deemed to be registered to vote pursuant to subsection 2 of NRS 293.4855 .

(Added to NRS by 1960, 275 ; A 1969, 95 ; 1995, 2278 ; 1997, 3467 ; 2017, 3863 ; 2019, 4096 )

NRS 293.541

NRS

293.541

Additional circumstances in which county clerk is required to cancel preregistration or registration; notice; exception to notice requirement if insufficient time exists before election; voting after execution of affidavit of cancellation; separation of ballots.

The county clerk shall cancel the preregistration of a person or the registration of a voter if:

(a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the application to preregister or register to vote concerning the identity or residence of the person or voter is fraudulent;

(b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and

Except as otherwise provided in subsection 3, the county clerk shall notify the person or voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the person or voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of identity and residence to the county clerk, the county clerk shall cancel the persons preregistration or the voters registration, as applicable.
If insufficient time exists before a pending election to provide the notice required by subsection 2 to a registered voter, the county clerk shall execute an affidavit of cancellation and attach a copy of the affidavit of cancellation in the roster.
If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if the voter furnishes:

(a) Official identification which contains a photograph of the voter, including, without limitation, a drivers license or other official document; and

(b) Satisfactory identification that contains proof of the address at which the voter actually resides and that address is consistent with the address listed on the roster.

If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and a mail ballot is received from the voter, the mail ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of identity and residence before such ballots are counted on election day.
For the purposes of this section, a voter registration card does not provide proof of the:

(a) Address at which a person actually resides; or

(b) Residence or identity of a person.

(Added to NRS by 2003, 2173 ; A 2007, 1164 ; 2015, 3161 ; 2017, 3865 ; 2019, 4097 ; 2021, 1235 , 3831 )

NRS 293.5768

NRS

293.5768

Automatic voter registration agencies; transactions which qualify for automatic voter registration; limitations on request and transmission of certain information. [Effective January 1, 2025.]

The following agencies are automatic voter registration agencies:

(a) The Department of Motor Vehicles;

(b) The Department of Health and Human Services;

(c) Any agency designated by the Director of the Department of Health and Human Services to receive applications for Medicaid;

(d) The Silver State Health Insurance Exchange created by NRS 695I.200 ;

(e) Any agency that has been designated by the Governor as an automatic voter registration agency pursuant to NRS 293.57682 ; and

(f) Any agency of an Indian tribe that has been designated by the Governor to be an automatic voter registration agency pursuant to NRS 293.57684 .

If, in the normal course of business, an automatic voter registration agency collects sufficient information that demonstrates a person is qualified to vote pursuant to NRS 293.485 , including, without limitation, proof of identity, citizenship, residence and date of birth, the provisions of NRS 293.5768 to 293.57699 , inclusive, apply to the automatic voter registration agency when a person submits any of the following:

(a) An application for the issuance or renewal of or change of address for any type of drivers license or identification card issued by the Department of Motor Vehicles;

(b) An application for Medicaid through the system established by the Department of Health and Human Services pursuant to NRS 422.2703 ;

(d) An application for any service or assistance from an automatic voter registration agency described in paragraph (e) or (f) of subsection 1.

An automatic voter registration agency shall not:

(a) Request any additional information for purposes of voter registration that is not required in the normal course of business; and

(b) Transmit any information about a person using the system established pursuant to NRS 293.57686 if the person did not provide the agency in the normal course of business sufficient information that demonstrates the person is qualified to vote pursuant to NRS 293.485 , including, without limitation, proof of identity, citizenship, residence and date of birth.

(Added to NRS by 2021, 3850 ; A 2023, 3311 , effective January 1, 2025)

NRS 293.57682

NRS

293.57682

Designation of other agencies in Executive Department of State Government as automatic voter registration agencies by Governor; notification. [Effective January 1, 2025.]

The Governor may designate any agency in the Executive Department of the State Government not described in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 293.5768 as an automatic voter registration agency if the agency collects in the regular course of business from a person applying to the agency to receive any service or assistance sufficient information that demonstrates a person is qualified to vote pursuant to NRS 293.485 , including, without limitation, proof of identity, citizenship, residence and date of birth.
Upon the designation of an agency as an automatic voter registration agency pursuant to subsection 1:

(a) The Governor shall notify the Secretary of State; and

(b) The Secretary of State and the automatic voter registration agency shall comply with the provisions of NRS 293.57686 .

(Added to NRS by 2021, 3851 ; A 2023, 3311 , effective January 1, 2025)

NRS 293.57684

NRS

293.57684

Designation of agency of Indian tribe as automatic voter registration agency under certain circumstances. [Effective January 1, 2025.]

If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the Governor for approval to allow an agency of the tribe to become an automatic voter registration agency in order to submit voter registration information of tribal members to the Secretary of State and the database created by the Secretary of State pursuant to NRS 293.675 for the purpose of registering tribal members to vote or updating the voter registration information of tribal members for the purpose of correcting the statewide voter registration list pursuant to NRS 293.530 .
If the Governor finds that the tribal agency collects in the regular course of business from a person applying to the agency to receive any service or assistance sufficient information that demonstrates the person is qualified to vote pursuant to NRS 293.485 , including, without limitation, proof of identity, citizenship, residence and date of birth:

(a) The Governor shall designate the tribal agency as an automatic voter registration agency; and

(b) The Secretary of State and the Indian tribe shall comply with the provisions of NRS 293.57686 .

(Added to NRS by 2021, 3851 ; A 2023, 3311 , effective January 1, 2025)

NRS 293.5837

NRS

293.5837

Methods and procedures for registering by computer during certain periods and appearing in person to vote at polling place for early voting or on election day; casting of provisional ballot under certain circumstances.

An elector may register to vote in the county or city, as applicable, in which the elector is eligible to vote by submitting an application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 before the elector appears at a polling place described in subsection 2 to vote in person.
If an elector submits an application to register to vote pursuant to this section less than 14 days before the election, the elector may vote only in person:

(a) During the period for early voting, at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote; or

(b) On the day of the election, at:

(1) A polling place established pursuant to NRS 293.3072 or 293C.3032 in the county or city, as applicable, in which the elector is eligible to vote; or

(2) The polling place for his or her election precinct.

To vote in person, an elector who submits an application to register to vote pursuant to this section must:

(a) Appear before the close of polls at a polling place described in subsection 2;

(b) Inform an election board officer that, before appearing at the polling place, the elector submitted an application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 ; and

(c) Except as otherwise provided in subsection 4, provide his or her current and valid drivers license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the electors identity and residency.

If the drivers license or identification card issued by the Department of Motor Vehicles to the elector does not have the electors current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

(a) A military identification card;

(b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

(d) A paycheck;

(e) An income tax return;

(f) A statement concerning the mortgage, rental or lease of a residence;

(g) A motor vehicle registration;

(h) A property tax statement; or

(i) Any other document issued by a governmental agency.

Subject to final verification, if an elector submits an application to register to vote and appears at a polling place to vote in person pursuant to this section:

(a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

(1) The determination that the elector submitted the application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 and that the application to register to vote is complete; and

(2) The verification of the electors identity and residency pursuant to this section.

(b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

(1) May vote in the election only at that polling place;

(2) Must vote as soon as practicable and before leaving that polling place; and

(3) Must vote by casting a provisional ballot, unless it is verified, at that time, that the elector is qualified to register to vote and to cast a regular ballot in the election at that polling place.

(Added to NRS by 2019, 4053 ; A 2020, 32nd Special Session, 47 ; 2021, 1237 )

NRS 293.5842

NRS

293.5842

Methods and procedures for registering and voting in person at polling place for early voting; casting of provisional ballot under certain circumstances.

Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527 , an elector may register to vote in person at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.
To register to vote in person during the period for early voting, an elector must:

(a) Appear before the close of polls at a polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.

(b) Complete the application to register to vote by a method authorized by the county or city clerk pursuant to this paragraph. The county or city clerk shall authorize at least one of the following methods for a person to register to vote pursuant to this paragraph:

(1) A paper application; or

(2) The system established by the Secretary of State pursuant to NRS 293.671 .

Ê If the county or city clerk authorizes the use of both methods, the county or city clerk may limit the use of one method to circumstances when the other method is not reasonably available.

(c) Except as otherwise provided in subsection 3, provide his or her current and valid drivers license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the electors identity and residency.

If the drivers license or identification card issued by the Department of Motor Vehicles to the elector does not have the electors current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

(a) A military identification card;

(b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

(d) A paycheck;

(e) An income tax return;

(f) A statement concerning the mortgage, rental or lease of a residence;

(g) A motor vehicle registration;

(h) A property tax statement; or

(i) Any other document issued by a governmental agency.

Subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:

(a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

(1) The determination that the application to register to vote is complete; and

(2) The verification of the electors identity and residency pursuant to this section.

(b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

(1) May vote in the election only at that polling place;

(2) Must vote as soon as practicable and before leaving that polling place; and

(Added to NRS by 2019, 4054 ; A 2021, 3841 )

NRS 293.5847

NRS

293.5847

Methods and procedures for registering and voting in person at polling place on election day; casting of provisional ballot.

Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527 , an elector may register to vote in person on the day of the election at any polling place in the county or city, as applicable, in which the elector is eligible to vote.
To register to vote on the day of the election, an elector must:

(a) Appear before the close of polls at a polling place in the county or city, as applicable, in which the elector is eligible to vote.

(1) A paper application; or

(2) The system established by the Secretary of State pursuant to NRS 293.671 .

Ê If the county or city clerk authorizes the use of both methods, the county or city clerk may limit the use of one method to circumstances when the other method is not reasonably available.

If the drivers license or identification card issued by the Department of Motor Vehicles to the elector does not have the electors current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

(a) A military identification card;

(b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

(d) A paycheck;

(e) An income tax return;

(f) A statement concerning the mortgage, rental or lease of a residence;

(g) A motor vehicle registration;

(h) A property tax statement; or

(i) Any other document issued by a governmental agency.

Subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:

(a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

(1) The determination that the application to register to vote is complete; and

(2) The verification of the electors identity and residency pursuant to this section.

(b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

(1) May vote in the election only at that polling place;

(2) Must vote as soon as practicable and before leaving that polling place; and

(3) Must vote by casting a provisional ballot.

(Added to NRS by 2019, 4055 ; A 2021, 3842 )

NRS 295.260

NRS

295.260

Verification of signatures.

If the total number of signatures on the petition is 500 or less, the county or city clerk shall examine every signature on the petition for verification.
Except as otherwise provided in this subsection, if the total number of signatures on the petition is more than 500, the county or city clerk shall examine the signatures only by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county or city clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500, or 5 percent, of the signatures, whichever is greater. If the examination of the random sample shows that the number of valid signatures is less than 90 percent of the number of signatures of registered voters needed to certify the petition sufficient, the petition must be certified insufficient pursuant to subsection
If the examination of the random sample shows that the number of valid signatures is 90 percent or more but less than 100 percent of the number of signatures of registered voters needed to certify the petition sufficient, the county or city clerk shall continue to examine the signatures for verification until he or she has:

(a) Determined that 100 percent of the number of signatures of registered voters needed to certify the petition sufficient are valid; or

(b) Examined every signature for verification.

In determining from the records of registration the number of registered voters who have signed the petition, and in examining the signatures on the petition for verification, the county or city clerk may use any file or list of registered voters maintained by his or her office or facsimiles of the signatures of voters. If the county or city clerk uses the file of applications to register to vote, he or she shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into his or her records. The county or city clerk may rely on the appearance of the signature, and the address and date included with each signature, in making the determination. Notwithstanding the provisions of this subsection, a petition must not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature on the face thereof does not exactly correspond with the signature appearing on the file or list of registered voters used by the county or city clerk and the identity of the signer can be ascertained from the face of the petition.
If necessary, the board of county commissioners or the governing body of the city shall allow the county or city clerk additional assistants for examining the signatures and provide for their compensation.
If, pursuant to the examination of signatures for verification as required by this section, the number of valid signatures is:

(a) One hundred percent or more of the number of signatures of registered voters needed to certify the petition sufficient, the petition must be certified sufficient.

(b) Less than 100 percent of the number of signatures of registered voters needed to certify the petition sufficient, the petition must be certified insufficient.

(Added to NRS by 2001, 2963 )

NRS 31.045

NRS

31.045

Notice of execution on writ of attachment: Service required; form; contents.

Execution on the writ of attachment by attaching property of the defendant may occur only if:

(a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013 ; or

(b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076 .

Ê If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

The notice required pursuant to subsection 1 must be substantially in the following form:

NOTICE OF EXECUTION

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

Plaintiff, .................... (name of person), alleges that you owe the plaintiff money. The plaintiff has begun the procedure to collect that money. To secure satisfaction of judgment, the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
Payments for benefits or the return of contributions under the Public Employees Retirement System.
Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
Proceeds from a policy of life insurance.
Payments of benefits under a program of industrial insurance.
Payments received as disability, illness or unemployment benefits.
Payments received as unemployment compensation.
Veterans benefits.
A homestead in a dwelling or a mobile home, including, subject to the provisions of NRS 115.055 , the proceeds from the sale of such property, not to exceed $605,000, unless:

(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or the landlords successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
A vehicle, if your equity in the vehicle is less than $15,000.
Eighty-two percent of the take-home pay for any workweek if your gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or seventy-five percent of the take-home pay for any workweek if your gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
Money, not to exceed $500,000 in present value, held in:

(a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

(b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
Regardless of whether a trust contains a spendthrift provision:

(a) A present or future interest in the income or principal of a trust that is a contingent interest, if the interest has not been satisfied or removed;

(c) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;

(d) Certain powers held by a trust protector or certain other persons; and

(e) Any power held by the person who created the trust.

If a trust contains a spendthrift provision:

A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
Payments received as restitution for a criminal act.
Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.
A tax refund received from the earned income credit provided by federal law or a similar state law.
Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.

These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons). If you do not wish to consult an attorney or receive legal services from an organization that provides assistance to persons who qualify, you may obtain the form to be used to claim an exemption from the clerk of the court.

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk an executed claim of exemption. A copy of the claim of exemption must be served upon the sheriff, the garnishee and the judgment creditor within 10 days after the notice of execution or garnishment is served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be released by the garnishee or the sheriff within 9 judicial days after you serve the claim of exemption upon the sheriff, garnishee and judgment creditor, unless the sheriff or garnishee receives a copy of an objection to the claim of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The objection to the claim of exemption and notice for the hearing to determine the issue of exemption must be filed within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing. The hearing must be held within 7 judicial days after the objection to the claim of exemption and notice for a hearing is filed. You may be able to have your property released more quickly if you mail to the judgment creditor or the attorney of the judgment creditor written proof that the property is exempt. Such proof may include, without limitation, a letter from the government, an annual statement from a pension fund, receipts for payment, copies of checks, records from financial institutions or any other document which demonstrates that the money in your account is exempt.

IF YOU DO NOT FILE THE EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

(Added to NRS by 1989, 1139 ; A 1991, 814 , 1415 ;

1993, 2631 ; 1995, 230 ; 1997, 269 , 3416 ;

2003, 1014 , 1816 ;

2005, 387 , 1017 ,

2233 ;

2007, 2713 , 3021 ;

2009, 811 ; 2011, 1413 , 1901 ;

2017, 1974 ; 2019, 286 , 1842 )

NRS 31.190

NRS

31.190

Undertaking of defendant; determination of disputed value of property; justification by sureties.

On granting an order for discharge of attachment pursuant to NRS 31.180 , the court or the judge shall require an undertaking on behalf of the defendant, with at least two sureties, residents and freeholders, or householders, in the county, which shall be filed:

(a) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released equals or exceeds the demand of the writ, that the defendant will pay to the plaintiff the amount of the judgment which may be recovered in favor of the plaintiff in the action or the demand of the writ, whichever is less; or

(b) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released is less than the demand of the writ, that the defendant will pay the amount of money, debts or credits, or value of the property sought to be released, in lawful money of the United States.

The value of the property sought to be released, if disputed, shall be determined by the court or judge thereof, upon proof or by a sworn appraiser or sworn appraisers, not exceeding three, to be appointed by the court or judge for that purpose.
Before filing the undertaking, the defendant shall serve a copy thereof upon the plaintiff, and if the plaintiff require a justification by the sureties, the plaintiff shall give notice thereof to the defendant within 2 days; or at the time of giving notice of motion for an order to discharge the attachment, the defendant may in the defendants notice name the sureties, and if the plaintiff require them to justify the plaintiff shall give notice thereof at the hearing of the motion. If required, the sureties shall justify before the court in which the suit is pending, or the judge thereof, after reasonable notice.

[1911 CPA § 222; RL § 5164; NCL § 8720]—(NRS A 1961, 421 ; 1973, 1180 )

NRS 31.294

NRS

31.294

Procedure for garnishment when another action pending.

Money, property, demands, debts, claims, choses in action and any other property which is subject to garnishment may be reached and subjected even though another action is pending thereon. If the other action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the other action, must stay such proceedings against such garnishee until notified that a final judgment has been rendered. Upon such notification the court shall make an appropriate order, according to the judgment, in favor of the defendant for the use of the plaintiff or in favor of the garnishee defendant. The judgment, if rendered against the garnishee, acquits the garnishee from all demands by the defendant for all money, property, goods, effects and credits paid, delivered or accounted for by the garnishee by force of such judgment.

(Added to NRS by 1973, 1185 )

NRS 31.720

NRS

31.720

Defendant may move to vacate arrest or reduce bail; hearing.

A defendant arrested may, at any time before the justification of bail, apply to the judge who made the order, or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs in addition to those on which the order of arrest was made.

[1911 CPA § 170; RL § 5112; NCL § 8668]

NRS 315.051

NRS

315.051

Service of notices: Manner and proof.

The notices required by NRS 315.041 must be served in any manner required by federal law or regulation concerning the eviction of the tenant from those premises, or as a condition to the receipt of federal money, or, in the absence of such a requirement, the notice may be served:

(a) By delivering a copy to the tenant personally, in the presence of a witness; or

(b) If the tenant cannot be found with reasonable diligence, by leaving a copy with a person of suitable age and discretion at the premises or the tenants usual place of business, mailing a copy to the tenant at the premises or the tenants usual place of business, and posting a copy in a conspicuous place on the premises.

Before an order to remove a tenant is issued pursuant to NRS 315.041 , a housing authority or a landlord must file with the court a proof of service of any notice required by that section. This proof must consist of a statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date, or:

(a) The endorsement of a sheriff, constable or other process server stating the time and manner of service; and

(b) If service is accomplished in a manner which requires that a copy of the notice be mailed to the tenant, a certificate of mailing issued by the United States Postal Service.

(Added to NRS by 1989, 1226 )

NRS 315.350

NRS

315.350

Actions involving authoritys contracts; establishment of authority conclusively presumed; sufficiency of resolution.

In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, an authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of the resolution or resolutions herein prescribed declaring the need for the authority.
Each such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the terms provided in NRS 315.330 (no further detail being necessary) that the conditions therein enumerated exist.
A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding.

[Part 4:253:1947; 1943 NCL § 5470.04]

NRS 324.120

NRS

324.120

Applications for segregations: Contents; filing fee.

Any natural person, association, company or corporation desiring to construct impounding dams, canals, ditches or other irrigation works, pumping plants, or artesian wells to reclaim lands under the provisions of this chapter, may file with the Division an application for any land which is listed by the Division as being available for reclamation through the Division.
Any person who is a citizen of the United States, or a lawful permanent resident of the United States, and who is more than 18 years of age may file an application with the Division for that land in an amount not exceeding 160 acres.
An application must:

(a) Be prepared and submitted in accordance with such regulations as the Division may adopt, which must conform with applicable regulations of the Department of the Interior.

(b) Be accompanied by proof that an active application for a permit to appropriate water is on file in the Office of the State Engineer.

(d) State that the applicant desires the land for actually reclaiming, cultivating and settling it in accordance with the Carey Act and the laws and regulations of this State.

(e) State that the applicant, if granted the amount of land requested in the application, will not have received a total amount of land through the provisions of this chapter exceeding 160 acres.

[3:76:1911; RL § 3066; NCL § 5477] + [4:76:1911; RL § 3067; NCL § 5478]—(NRS A 1977, 375 , 1194 ;

1979, 230 )

NRS 324.230

NRS

324.230

Final proof of reclamation, settlement and occupation; patents.

Within 1 year after a water right is available for the irrigation of the land described in a certificate of location, the settler shall cultivate and reclaim not less than one-sixteenth part of the land filed on, and within 2 years thereafter, shall have actually irrigated and cultivated not less than one-eighth. Within 3 years thereafter, the settler shall appear before the State Registrar of Lands Under the Carey Act to make a final proof of reclamation, settlement and occupation, in such form and according to such requirements as may be prescribed by the Division or the Department of the Interior.
The State Registrar of Lands Under the Carey Act or his or her designee may administer oaths required under this chapter.
All proofs so received must be accompanied with the final payment for the land, and upon approval by the Division the settler is entitled to a patent.

[18:76:1911; RL § 3081; NCL § 5492]—(NRS A 1975, 111 ; 1977, 376 , 1199 ;

1979, 234 )

NRS 325.020

NRS

325.020

Recording of certificate of entry or patent; proof of payment of taxes not required.

Whenever the corporate authorities or the judge of the district court shall have received a certificate of entry, patent or other evidence of title to the real property embraced within the limits of any city or town, the corporate authorities or the judge of the district court shall cause the same to be recorded in the land records of the proper county.
A certificate of entry, patent or other evidence of title shall be recorded by the county recorder; and to entitle the certificate of entry, patent or other evidence of title to be recorded it shall not be necessary to present or make, nor shall the county recorder require, any oath or affirmation that all or any part of the taxes for county and state purposes, assessed, due or payable upon the real property, have been paid.

[1:9:1875; BH § 423; C § 351; RL § 1992; NCL § 2917]

NRS 326.060

NRS

326.060

Proof of actual enclosure not required on trial.

On the trial of any such causes, the possession or possessory right of the plaintiff shall be considered as extending to the boundaries embraced in the survey so as to enable the plaintiff, according to NRS 326.030 , to have and maintain an action without being compelled to prove an actual enclosure.

[6:95:1865; B § 83; BH § 3734; C § 3819; RL § 5854; NCL § 9437]

NRS 33.065

NRS

33.065

Alternative method for serving adverse party at current place of employment; when adverse party deemed served; immunity from liability for employer.

If the current address where the adverse party resides is unknown and the law enforcement agency has made at least two attempts to personally serve the adverse party at the adverse partys current place of employment with a copy of the application for an extended order and the notice of the hearing thereon, the law enforcement agency or a person designated by the law enforcement agency may serve the adverse party by:

(a) Delivering a copy of the application for an extended order and the notice of hearing thereon to the current place of employment of the adverse party; and

(b) Thereafter, mailing a copy of the application for an extended order and the notice of hearing thereon to the adverse party at the adverse partys current place of employment.

Delivery pursuant to paragraph (a) of subsection 1 must be made by leaving a copy of the documents specified at the current place of employment of the adverse party with the manager of the department of human resources or another similar person. Such a person shall:

(a) Accept service of the documents and make a reasonable effort to deliver the documents to the adverse party;

(b) Identify another appropriate person who will accept service of the documents and who shall make a reasonable effort to deliver the documents to the adverse party; or

(c) Contact the adverse party and arrange for the adverse party to be present at the place of employment to accept service of the documents personally.

After delivering the documents to the place of employment of the adverse party, a copy of the documents must be mailed to the adverse party by first-class mail to the place of employment of the adverse party in care of the employer.
The adverse party shall be deemed to have been served 10 days after the date on which the documents are mailed to the adverse party.
Upon completion of service pursuant to this section, the law enforcement agency or the person designated by the law enforcement agency who served the adverse party in the manner set forth in this section shall file with or mail to the clerk of the court proof of service in this manner.
An employer is immune from civil liability for any act or omission with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally pursuant to this section, if the employer acts in good faith with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally.

(Added to NRS by 2003, 1754 ; A 2019, 2832 )

NRS 33.090

NRS

33.090

Order from another jurisdiction: Registration in this State; duties of court clerk; prohibition against notification of adverse party by clerk; no charge for registration, certified copy or service.

A person may register an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States or a Canadian domestic-violence protection order by presenting a certified copy of the order to the clerk of a court of competent jurisdiction in a judicial district in which the person believes that enforcement may be necessary.
The clerk of the court shall:

(a) Maintain a record of each order registered pursuant to this section;

(b) Provide the protected party with a copy of the order registered pursuant to this section bearing proof of registration with the court;

(c) Forward, by conventional or electronic means, by the end of the next business day, a copy of an order registered pursuant to this section to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the protected party or the child of the protected party; and

(d) Inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095 .

The clerk of the court shall not:

(a) Charge a fee for registering an order or for providing a certified copy of an order pursuant to this section.

(b) Notify the party against whom the order has been made that an order for protection against domestic violence issued by the court of another state, territory or Indian tribe has been registered in this State.

A person who registers an order pursuant to this section must not be charged to have the order served in this State.
As used in this section, Canadian domestic-violence protection order has the meaning ascribed to it in NRS 33.119 .

(Added to NRS by 1985, 2286 ; A 1997, 1810 ; 1999, 2063 ; 2001, 2129 ; 2015, 2564 ; 2017, 622 )

NRS 33.300

NRS

33.300

Transmittal of copy of order to law enforcement agency; service and enforcement of order; issuance of copies of order.

A court shall transmit, by the end of the next business day after a temporary or extended order for protection against harassment in the workplace is issued, a copy of the order to the appropriate law enforcement agency that has jurisdiction over the workplace of the employer or the areas in which the employees of the employer perform their duties of employment.
The court may order the appropriate law enforcement agency to serve the person who allegedly committed the harassment personally with the order if it finds that such service is necessary to avoid an act of violence and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an order, the notice of hearing thereon and the order must be served upon the person who allegedly committed the harassment pursuant to the Nevada Rules of Civil Procedure.
A law enforcement agency shall enforce a temporary or extended order for protection against harassment in the workplace without regard to the county in which the order was issued.
The clerk of the court that issued a temporary or extended order for protection against harassment in the workplace shall issue a copy of the order to the employer who requested the order and the person who allegedly committed the harassment.

(Added to NRS by 2001, 2846 )

NRS 33.620

NRS

33.620

Notice of order to law enforcement agency; duty to serve order without charge and to enforce order; risk to health or safety of the law enforcement officer or adverse party; no charge for copy of order for applicant and adverse party; withholding or redaction of personal identifying information.

The court shall transmit, by the end of the next business day after an emergency or extended order is issued or renewed, a copy of the order to the appropriate law enforcement agency.
Unless the adverse party is present at the hearing described in NRS 33.565 to receive the date of the hearing described in NRS 33.575 in which the court will determine whether to issue an extended order, the court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with:

(a) The emergency order;

(b) Subject to the provisions of subsection 8, the application and any supplemental documents submitted to the court; and

The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the extended order.
The law enforcement agency shall file with or mail to the clerk of the court proof of service of the emergency order pursuant to subsection 2 or the extended order pursuant to subsection 3 by the end of the next business day after service is made.
If, while attempting to serve the adverse party personally pursuant to subsection 2 or 3, the health or safety of the officer or the adverse party is put at risk because of any action of the adverse party, the law enforcement officer is under no duty to continue to attempt to serve the adverse party personally and the service shall be deemed unsuccessful. If such service is unsuccessful, the law enforcement agency shall, as soon as practicable after the risk has subsided, attempt to serve the adverse party personally until the emergency or extended order is successfully served.
A law enforcement agency shall enforce an emergency or extended order without regard to the county in which the order was issued.
The clerk of the court shall issue, without fee, a copy of the emergency or extended order to any family or household member or law enforcement officer who files a verified application pursuant to NRS 33.560 or the adverse party.
The court may withhold or redact from the application or any supplemental documents to be served upon the adverse party any personal identifying information of the applicant or any other person if the court determines that disclosure of the personal identifying information would create a substantial threat to the applicant or any other person of bodily harm, intimidation, coercion or harassment. If the court withholds or redacts any personal identifying information pursuant to this subsection, the court shall:

(a) Upon request of the adverse party, provide the adverse party or the adverse partys attorney or agent with an opportunity to interview the applicant or other person whose personal identifying information was withheld or redacted in an environment that provides for protection of the applicant or other person;

(b) Maintain any information or documents withheld or redacted pursuant to this subsection in a confidential file; and

(c) Permit the adverse party or the adverse partys attorney or agent to inspect and to copy or photograph any information or documents withheld or redacted pursuant to this subsection before the hearing described in NRS 33.575 .

As used in this section, personal identifying information means any information which would identify a person, including, without limitation, a name, an address, a date of birth or a social security number.

(Added to NRS by 2019, 4175 ; A 2021, 594 )

NRS 332.115

NRS

332.115

Contracts not adapted to award by competitive solicitation; purchase of certain equipment by local law enforcement agency, response agency or other local governmental agency; purchase of goods commonly used by hospital.

Contracts which by their nature are not adapted to award by a competitive solicitation, including contracts for:

(a) Items which may only be contracted from a sole source;

(b) Professional services;

(c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;

(d) Equipment which, by reason of the training of the personnel or of an inventory of replacement parts maintained by the local government is compatible with existing equipment;

(e) Perishable goods;

(f) Insurance;

(g) Hardware and associated peripheral equipment and devices for computers;

(h) Software for computers;

(i) Maintenance and support for:

(1) Hardware and associated peripheral equipment and devices for computers; and

(2) Software for computers;

(j) Equipment containing hardware or software for computers;

(k) Books, instructional materials, library materials and subscriptions;

(l) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation;

(m) Motor vehicle fuel for use in a vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicles assigned service area from a fueling station owned by the State of Nevada or a local government;

(n) Purchases made with money in a store fund for prisoners in a jail or local detention facility for the provision and maintenance of a canteen for the prisoners;

(o) Supplies, materials, equipment or services that are available pursuant to an agreement with a vendor that has entered into an agreement with the General Services Administration or another federal governmental agency located within or outside this State;

(p) Items for resale through a retail outlet operated in this State by a local government or the State of Nevada;

(q) Commercial advertising within a recreational facility operated by a county fair and recreation board;

(r) Goods or services purchased from organizations or agencies whose primary purpose is the training and employment of persons with disabilities; and

(s) The design of, and equipment and services associated with, systems of communication,

Ê are not subject to the requirements of this chapter for a competitive solicitation, as determined by the governing body or its authorized representative.

The purchase of forensic equipment and supplies used in forensic analysis or other equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for a competitive solicitation, as determined by the governing body or its authorized representative, if:

(a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity;

(b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations; or

(1) Used in analysis in such investigations; or

(2) Required to comply with specific forensic standards or quality standards.

The purchase of personal safety equipment for use by a response agency or any other local governmental agency is not subject to the requirements of this chapter for a competitive solicitation, as determined by the governing body or its authorized representative, if:

(a) The personal safety equipment will be used by personnel of the response agency or other local governmental agency in preventing, responding to or providing services of recovery or relief in connection with emergencies, acts of terrorism or other natural or man-made disasters in which the health, safety or welfare of those personnel may be compromised, impaired or otherwise threatened; and

(b) The cost of the personal safety equipment is comparable to the cost of similar personal safety equipment that is available for purchase by the public.

The purchase of goods commonly used by a hospital, including, without limitation, medical equipment, implantable devices and pharmaceuticals, by the governing body of a hospital or its authorized representative is not subject to the requirements of this chapter for a competitive solicitation. The governing body of the hospital or its authorized representative shall make available for public inspection each such contract and records related to those purchases.
This section does not prohibit a governing body or its authorized representative from advertising for or requesting responses.
As used in this section:

(a) Act of terrorism has the meaning ascribed to it in NRS 239C.030 .

(b) Personal safety equipment means safety equipment that personnel of a response agency or other local governmental agency:

(1) Use in the course of preventing, responding to or providing services of recovery or relief in connection with emergencies, acts of terrorism or other natural or man-made disasters; or

(2) Wear or otherwise carry on a regular basis.

Ê The term includes, without limitation, firearms, boots, bulletproof vests or other types of body armor, protective garments, protective eyewear, gloves, helmets, and any specialized apparatus, equipment or materials approved or recommended by the United States Department of Homeland Security.

(c) Response agency means an agency of a local government that provides services related to law enforcement, firefighting, emergency medical care or public safety.

(Added to NRS by 1975, 1538 ; A 1987, 296 , 1484 ;

1991, 337 , 349 ,

648 ,

1934 ,

1935 ;

1997, 132 ; 1999, 889 , 1684 ;

2001, 1317 ; 2003, 620 , 2262 ;

2005, 226 , 2554 ;

2019, 773 )

NRS 333.3356

NRS

333.3356

Preference for bid or proposal submitted by Nevada-based business: Regulations.

The Purchasing Division may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 333.3351 to 333.3356 , inclusive. The regulations may include, without limitation, provisions setting forth:

The method by which a business may apply to receive a preference described in NRS 333.3354 ;
The documentation or other proof that a business must submit to demonstrate that it qualifies for a preference described in NRS 333.3354 ; and
Such other matters as the Purchasing Division deems relevant.

(Added to NRS by 2017, 4108 )

NRS 333.3369

NRS

333.3369

Preference for bid or proposal submitted by local business owned and operated by veteran with service-connected disability: Regulations.

The Purchasing Division may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 333.3361 to 333.3369 , inclusive. The regulations may include, without limitation, provisions setting forth:

The method by which a business may apply to receive the preference described in NRS 333.3366 ;
Subject to the provisions of NRS 417.0187 , the documentation or other proof that a business must submit to demonstrate that it qualifies for the preference described in NRS 333.3366 ; and
Such other matters as the Purchasing Division deems relevant.

Ê In carrying out the provisions of this section, the Purchasing Division shall, to the extent practicable, cooperate and coordinate with the State Public Works Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 338.13847

are reasonably consistent.

(Added to NRS by 2009, 2665 ; A 2017, 1132 ; 2019, 782 )

NRS 338.0117

NRS

338.0117

Qualification to receive preference in bidding: Submission of affidavit to public body certifying compliance with requirements; provisions required to be included in contract; written objections for failure to comply with requirements; penalty; annual report to Legislative Commission by public body concerning such contracts.

To qualify to receive a preference in bidding pursuant to subsection 2 of NRS 338.1389 , subsection 2 of NRS 338.147 , subsection 3 of NRS 338.1693 , subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886 , a contractor, an applicant or a design-build team, respectively, must submit to the public body sponsoring or financing a public work a signed affidavit which certifies that, for the duration of the project, collectively, and not on any specific day:

(a) At least 50 percent of the workers employed on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will hold a valid drivers license or identification card issued by the Department of Motor Vehicles of the State of Nevada;

(b) All vehicles used primarily for the public work will be:

(1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826 ; or

(2) Registered in this State;

(c) If applying to receive a preference in bidding pursuant to subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886 , at least 50 percent of the design professionals working on the public work, including, without limitation, employees of the design-build team and of any subcontractor or consultant engaged in the design of the public work, will have a valid drivers license or identification card issued by the Department of Motor Vehicles of the State of Nevada; and

(d) The contractor, applicant or design-build team and any subcontractor engaged on the public work will maintain and make available for inspection within this State his or her records concerning payroll relating to the public work.

Any contract for a public work that is awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 as a result of the contractor, applicant or design-build team receiving a preference in bidding described in subsection 1 must:

(a) Include a provision in the contract that substantially incorporates the requirements of paragraphs (a) to (d), inclusive, of subsection 1; and

(b) Provide that a failure to comply with any requirement of paragraphs (a) to (d), inclusive, of subsection 1 entitles the public body to a penalty only as provided in subsections 5 and 6.

A person who submitted a bid on the public work or an entity who believes that a contractor, applicant or design-build team has obtained a preference in bidding as described in subsection 1 but has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 may file, before the substantial completion of the public work, a written objection with the public body for which the contractor, applicant or design-build team is performing the public work. A written objection authorized pursuant to this subsection must set forth proof or substantiating evidence to support the belief of the person or entity that the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1.
If a public body receives a written objection pursuant to subsection 3, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection. If the public body determines that the objection is accompanied by the required proof or substantiating evidence or if the public body determines on its own initiative that proof or substantiating evidence of a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 exists, the public body shall determine whether the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 and the public body or its authorized representative may proceed to award the contract accordingly or, if the contract has already been awarded, seek the remedy authorized in subsection 5.
In addition to any other remedy or penalty provided by law, a public body may recover, by civil action against the party responsible for a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1, a penalty as described in subsection 6 for a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1. If a public body recovers a penalty pursuant to this subsection, the public body shall report to the State Contractors Board the date of the failure to comply, the name of each entity which failed to comply and the cost of the contract to which the entity that failed to comply was a party. The Board shall maintain this information for not less than 6 years. Upon request, the Board shall provide this information to any public body or its authorized representative.
If a contractor, applicant or design-build team submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 1 and is awarded the contract as a result of that preference, the contract between the contractor, applicant or design-build team and the public body, each contract between the contractor, applicant or design-build team and a subcontractor and each contract between a subcontractor and a lower tier subcontractor must provide that:

(a) If a party to the contract causes the contractor, applicant or design-build team to fail to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1, the party is liable to the public body for a penalty in the amount of 1 percent of the cost of the largest contract to which he or she is a party;

(b) The right to recover the amount determined pursuant to paragraph (a) by the public body pursuant to subsection 5 may be enforced by the public body directly against the party that caused the failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1; and

A public body that awards a contract for a public work to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 shall, on or before July 31 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission. The report must include information on each contract for a public work awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1, including, without limitation, the name of the contractor, applicant or design-build team who was awarded the contract, the cost of the contract, a brief description of the public work and a description of the degree to which the contractor, applicant or design-build team and each subcontractor complied with the requirements of paragraphs (a) to (d), inclusive, of subsection 1.
As used in this section:

(a) Lower tier subcontractor means a subcontractor who contracts with another subcontractor to provide labor, materials or services to the other subcontractor for a construction project.

(b) Vehicle used primarily for the public work does not include any vehicle that is present at the site of the public work only occasionally and for a purpose incidental to the public work including, without limitation, the delivery of materials. Notwithstanding the provisions of this paragraph, the term includes any vehicle which is:

(1) Owned or operated by the contractor or any subcontractor who is engaged on the public work; and

(2) Present at the site of the public work.

(Added to NRS by 2011, 39 ; A 2011, 2576 ; 2013, 1388 , 2964 ;

2017, 4035 , 4111 ;

2021, 736 , 2218 )

NRS 338.131

NRS

338.131

Prehire agreement: Authority of local government to enter; preferential employment of local residents authorized; exception; applicability of provisions governing payment of prevailing wages.

Except as otherwise provided in subsection 2, a local government sponsoring or financing a public work may enter into a prehire agreement for the public work. Any such prehire agreement may contain a preference for hiring labor on the public work to local residents who possess a valid drivers license or identification card issued by the Department of Motor Vehicles or other proof of current address which indicates that the person resides:

(a) Within the jurisdiction of the local government;

(b) Within a certain specified distance of the jurisdiction of the local government, as provided by the local government sponsoring or financing the public work; or

If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 1, those provisions do not apply insofar as their application would preclude or reduce federal assistance.
Nothing in this section shall be construed to authorize a contractor on a public work to pay any worker on the public work less than the applicable prevailing wage required pursuant to NRS 338.020 to 338.090 , inclusive.

(Added to NRS by 2023, 2991 )

NRS 338.13847

NRS

338.13847

Regulations.

The State Public Works Board may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 338.1384 to 338.13847 , inclusive. The regulations may include, without limitation, provisions setting forth:

The method by which a business may apply to receive a preference described in NRS 338.13844 ;
Subject to the provisions of NRS 417.0187 , the documentation or other proof that a business must submit to demonstrate that it qualifies for a preference described in NRS 338.13844 ; and
Such other matters as the Division deems relevant.

Ê In carrying out the provisions of this section, the State Public Works Board and the Division shall, to the extent practicable, cooperate and coordinate with the Purchasing Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 333.3369 are reasonably consistent.

(Added to NRS by 2009, 2669 ; A 2011, 2963 ; 2017, 1132 )

Advertising; Acceptance of Bids; Award of Contract

NRS 338.1389

NRS

338.1389

Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors Board; regulations; fees; sanctions; objections.

Except as otherwise provided in subsection 10 and NRS 338.1385 , 338.1386 and 338.13864 , a public body or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.
Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:

(a) Submitted by a responsive and responsible contractor who:

(1) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or 338.1382 ;

(2) At the time the contractor submits his or her bid, provides a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors Board pursuant to subsection 3 or 4; and

(3) Within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 ; and

(b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who:

(1) Does not provide, at the time he or she submits the bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him or her by the State Contractors Board pursuant to subsection 3 or 4; or

(2) Does not submit, within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, a signed affidavit certifying that he or she will comply with the requirements of paragraphs (a) to (d), inclusive, of subsection 1 of NRS 338.0117 for the duration of the contract,

Ê shall be deemed to be the best bid for the purposes of this section.

The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:

(a) Paid directly, on his or her own behalf:

(1) The sales and use taxes imposed pursuant to chapters 372 , 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

(3) Any combination of such sales and use taxes and governmental services tax; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

(2) Certificate of eligibility to receive a preference in bidding on public works.

The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:

(a) Paid directly, on his or her own behalf:

(1) The sales and use taxes pursuant to chapters 372 , 374

and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

(3) Any combination of such sales and use taxes and governmental services tax; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

(1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and

(2) Certificate of eligibility to receive a preference in bidding on public works.

For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:

(a) Sales and use taxes and governmental services taxes that were paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and

(b) Sales and use taxes that were paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractors license pursuant to NRS 624.283 , submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.
A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.
If a contractor holds more than one contractors license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractors license for which the contractor submitted the application.
If a contractor who applies to the State Contractors Board for a certificate of eligibility to receive a preference in bidding on public works:

(a) Submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information; or

(b) Is found by the Board to have, within the preceding 5 years, materially breached a contract for a public work for which the cost exceeds $5,000,000, the contractor is not eligible to receive a preference in bidding on public works.

If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may receive a preference in bidding only if both or all of the joint venturers separately meet the requirements of subsection 2.
The State Contractors Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
A person who submitted a bid on the public work or an entity who believes that the contractor who was awarded the contract for the public work wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

(b) Be filed with the public body not later than 3 business days after the opening of the bids by the public body or its authorized representative.

If a public body receives a written objection pursuant to subsection 13, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.

(Added to NRS by 1999, 2395 ; A 1999, 3491 , 3497 ;

2001, 252 , 296 ,

2008 ,

2022 ,

2262 ;

2003, 119 , 124 ,

1992 ,

2426 ,

2497 ;

2007, 864 ; 2011, 44 ; 2013, 1391 )

NRS 338.147

NRS

338.147

Except as otherwise provided in subsection 10 and NRS 338.143 , 338.1442 and 338.1446 , a local government or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.
Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:

(a) Submitted by a contractor who:

(1) Has been found to be a responsible and responsive contractor by the local government or its authorized representative;

(3) Within 2 hours after the completion of the opening of the bids by the local government or its authorized representative, submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 ; and

(b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who:

Ê shall be deemed to be the best bid for the purposes of this section.

The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:

(a) Paid directly, on his or her own behalf:

(3) Any combination of such sales and use taxes and governmental services tax; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

(2) Certificate of eligibility to receive a preference in bidding on public works.

The State Contractors Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:

(a) Paid directly, on his or her own behalf:

(1) The sales and use taxes pursuant to chapters 372 , 374

(3) Any combination of such sales and use taxes and governmental services tax; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

(1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and

(2) Certificate of eligibility to receive a preference in bidding on public works.

For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:

(a) Sales and use taxes and governmental services taxes paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and

(b) Sales and use taxes paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractors license pursuant to NRS 624.283 , submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.
A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.
If a contractor holds more than one contractors license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractors license for which the contractor submitted the application.
If a contractor who applies to the State Contractors Board for a certificate of eligibility to receive a preference in bidding on public works:

If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may receive a preference in bidding only if both or all of the joint venturers separately meet the requirements of subsection 2.
The State Contractors Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
A person who submitted a bid on the public work or an entity who believes that the contractor who was awarded the contract for the public work wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the local government to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

(b) Be filed with the local government not later than 3 business days after the opening of the bids by the local government or its authorized representative.

If a local government receives a written objection pursuant to subsection 13, the local government shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the local government determines that the objection is not accompanied by the required proof or substantiating evidence, the local government shall dismiss the objection and the local government or its authorized representative may proceed immediately to award the contract. If the local government determines that the objection is accompanied by the required proof or substantiating evidence, the local government shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the local government or its authorized representative may proceed to award the contract accordingly.

(Added to NRS by 1985, 670 ; A 1987, 1476 ; 1989, 932 ; 1991, 2374 ; 1993, 1382 , 1383 ,

2133 ,

2135 ;

1995, 678 , 2062 ;

1999, 1850 , 2401 ,

3477 ;

2001, 252 , 300 ,

2011 ,

2022 ,

2269 ;

2003, 119 , 124 ,

1997 ,

2435 ;

2007, 866 ; 2011, 47 ; 2013, 1395 )

NRS 338.173

NRS

338.173

Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections.

The State Board of Architecture, Interior Design and Residential Design shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of architecture pursuant to the provisions of chapter 623 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of architecture in this State:

(a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of architecture that:

(1) Satisfies the requirements of NRS 623.350 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

The State Board of Landscape Architecture shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to the provisions of chapter 623A of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of landscape architecture in this State:

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of landscape architecture that:

(1) Satisfies the requirements of NRS 623A.250 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

The State Board of Professional Engineers and Land Surveyors shall issue a certificate of eligibility to receive a preference when competing for public works to a professional engineer or professional land surveyor who is licensed pursuant to the provisions of chapter 625 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the professional engineer or professional land surveyor has, while licensed as a professional engineer or professional land surveyor in this State:

(b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in engineering or land surveying that:

(1) Satisfies the requirements of NRS 625.407 ; and

(2) Possesses a certificate of eligibility to receive a preference when competing for public works.

For the purposes of complying with the requirements set forth in paragraph (a) of subsection 1, paragraph (a) of subsection 2 and paragraph (a) of subsection 3, a person shall be deemed to have paid:

(a) The excise tax imposed upon an employer by NRS 363B.110 by an affiliate or parent company of the person, if the affiliate or parent company also satisfies the requirements of NRS 623.350 , 623A.250 or 625.407 , as applicable; and

(b) The excise tax imposed upon an employer by NRS 363B.110 by a joint venture in which the person is a participant, in proportion to the amount of interest the person has in the joint venture.

A design professional who has received a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 must, at the time for the renewal of his or her professional license or certificate of registration, as applicable, pursuant to chapter 623 , 623A or 625 of NRS, submit to the applicable licensing board an affidavit from a certified public accountant setting forth that the design professional has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, as applicable, to maintain eligibility to hold such a certificate.
A design professional who fails to submit an affidavit to the applicable licensing board pursuant to subsection 5 ceases to be eligible to receive a preference when competing for public works unless the design professional reapplies for and receives a certificate of eligibility pursuant to subsection 1, 2 or 3, as applicable.
If a design professional holds more than one license or certificate of registration, the design professional must submit a separate application for each license or certificate of registration pursuant to which the design professional wishes to qualify for a preference when competing for public works. Upon issuance, the certificate of eligibility to receive a preference when competing for public works becomes part of the design professionals license or certificate of registration for which the design professional submitted the application.
If a design professional who applies to a licensing board for a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 submits false information to the licensing board regarding the required payment of taxes, the design professional is not eligible to receive a preference when competing for public works for a period of 5 years after the date on which the licensing board becomes aware of the submission of the false information.
The State Board of Architecture, Interior Design and Residential Design, the State Board of Landscape Architecture and the State Board of Professional Engineers and Land Surveyors shall adopt regulations and may assess reasonable fees relating to their respective certification of design professionals for a preference when competing for public works.
A person or entity who believes that a design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works may challenge the validity of the certificate by filing a written objection with the public body which selected, for the purpose of providing services for a public work, the design professional who holds the certificate. A written objection authorized pursuant to this subsection must:

(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works; and

(b) Be filed with the public body not later than 3 business days after:

(1) The date on which the public body makes available to the public pursuant to subsection 3 of NRS 338.1725 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 338.1725 ;

(2) The date on which the Department of Transportation makes available to the public pursuant to subsection 3 of NRS 408.3885 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 408.3885 ; or

(3) The date on which the licensing board which issued the certificate to the design professional posted on its Internet website the information required by NRS 338.1425 , if the design professional is identified in that information as being selected for a contract governed by NRS 338.155 .

If a public body receives a written objection pursuant to subsection 10, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the design professional qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.

(Added to NRS by 2011, 3678 )

NOTIFICATION OF LICENSING BOARDS

NRS 34.230

NRS

34.230

Applicant may object to sufficiency of answer or countervail it by proof.

On the trial, the applicant shall not be precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.

[1911 CPA § 759; RL § 5701; NCL § 9248]

NRS 34.470

NRS

34.470

Answer to return; summary proceeding; attendance of witnesses.

The petitioner brought before the judge on the return of the writ may deny or controvert any of the material facts or matters set forth in the return or answer, deny the sufficiency thereof, or allege any fact to show either that the petitioners imprisonment or detention is unlawful or that the petitioner is entitled to discharge.
The judge shall thereupon proceed in a summary way to hear such allegation and proof as may be produced against or in favor of such imprisonment or detention, and to dispose of the case as justice may require.
The judge may compel the attendance of witnesses by process of subpoena and attachment and perform all other acts necessary to a full and fair hearing and determination of the case.

[15:93:1862; B § 363; BH § 3685; C § 3757; RL § 6240; NCL § 11389] + [16:93:1862; B § 364; BH § 3686; C § 3758; RL § 6241; NCL § 11390] + [17:93:1862; B § 365; BH § 3687; C § 3759; RL § 6242; NCL § 11391]—(NRS A 1985, 1236 )

NRS 34.590

NRS

34.590

Cases where imprisonment after discharge is permitted.

No person who has been discharged by the order of the judge upon habeas corpus issued pursuant to the provisions of this chapter shall be again imprisoned, restrained or kept in custody for the same cause, except in the following cases:

If the person shall have been discharged from custody on a criminal charge and be afterwards committed for the same offense by legal order or process.
If after a discharge for defect of proof, or for any defect of the process, warrant or commitment in a criminal case, the person be again arrested on sufficient proof and committed by legal process for the same offense.

[29:93:1862; B § 377; BH § 3699; C § 3771; RL § 6254; NCL § 11403]

NRS 34.600

NRS

34.600

In certain cases warrant may issue instead of writ.

Whenever it shall appear by satisfactory proof, by affidavit, to any judge authorized by law to grant a writ of habeas corpus, that anyone is illegally held in custody, confinement or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of such judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas corpus can be enforced, the judge may cause a warrant to be issued, reciting the facts, and directed to the sheriff or any constable of the county, commanding such officer to take such person thus held in custody, confinement or restraint and forthwith bring him or her before such judge, to be dealt with according to law.

[30:93:1862; B § 378; BH § 3700; C § 3772; RL § 6255; NCL § 11404]

NRS 34.630

NRS

34.630

Return, answer and hearing on warrant.

The person alleged to have such party under illegal confinement or restraint may make return to such warrant, as in the case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs and trial shall be thereon had as upon the return to a writ of habeas corpus.

[33:93:1862; B § 381; BH § 3703; C § 3775; RL § 6258; NCL § 11407]

NRS 35.030

NRS

35.030

Attorney General to begin action.

The Attorney General, when directed by the Governor, shall commence any such action; and when, upon complaint or otherwise, the Attorney General has good reason to believe that any case specified in NRS 35.020 can be established by proof, the Attorney General shall commence an action.

[1911 CPA § 716; RL § 5658; NCL § 9205]

NRS 354.598

NRS

354.598

Final budget: Adoption; budget by default; certification; appropriations; limitations; changes.

At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard.
At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. Except as otherwise provided in this subsection, the final budget must be adopted on or before June 1 of each year. The final budgets of school districts must be adopted on or before June 8 of each year. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the Committee on Local Government Finance on or before the required date, the budget adopted and used for certification of the combined ad valorem tax rate by the Department of Taxation for the current year, adjusted as to content and rate in such a manner as the Department of Taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the Department of Taxation. If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453 , the Nevada Tax Commission shall adjust the budget as provided in NRS 361.4547 or 361.455 .
The final budget must be certified by a majority of all members of the governing body, and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada Tax Commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada Tax Commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the Department of Taxation.
Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.598005 , the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.
No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
If a local government makes a change in its final budget which increases the combined ad valorem tax rate, the local government shall submit the amended final budget to the county auditor within 15 days after making the change.

(Added to NRS by 1965, 731 ; A 1967, 938 ; 1969, 1083 ; 1975, 161 , 1686 ;

1979, 1240 , 1373 ;

1981, 311 ; 1987, 164 ; 1993, 1432 ; 1995, 1031 ; 1997, 1778 ; 1999, 1358 ; 2001, 1800 , 2319 ;

2003, 162 ; 2003, 19th Special Session, 84 )

NRS 357.170

NRS

357.170

Limitation of actions; standard of proof; effect of certain findings of guilt in criminal proceeding on action.

An action pursuant to this chapter may not be commenced:

(a) More than 3 years after the date on which the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 discovers, or reasonably should have discovered, the fraudulent activity, but in no event more than 10 years after the fraudulent activity occurred; or

(b) More than 6 years after the fraudulent activity occurred,

Ê whichever occurs later. Within those limits, an action may be based upon fraudulent activity that occurred before May 27, 2015.

In an action pursuant to this chapter, the standard of proof is a preponderance of the evidence. A finding of guilty or guilty but mentally ill in a criminal proceeding charging false statement or fraud, whether upon a verdict of guilty or guilty but mentally ill or a plea of guilty, guilty but mentally ill or nolo contendere, estops the person found guilty or guilty but mentally ill from denying an essential element of that offense in an action pursuant to this chapter based upon the same transaction as the criminal proceeding.

(Added to NRS by 1999, 829 ; A 2007, 1446 , 2400 ;

2011, 377 ; 2015, 914 )

NRS 360.142

NRS

360.142

Investigation of background and personal history of employees and contractors of Department.

The Department shall secure from appropriate law enforcement agencies information on the background and personal history of a prospective employee or prospective contractor, as applicable, of the Department.
A prospective employee or prospective contractor, as applicable, of the Department must submit to the Department:

(a) Proof that he or she is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

(b) Two complete sets of fingerprints and written authorization to forward those fingerprints to the Central Repository for submission to:

(1) The Federal Bureau of Investigation for a report on his or her background; and

(2) Any appropriate law enforcement agency that the Department deems necessary.

The Department shall submit the fingerprints submitted pursuant to subsection 2 to the Central Repository for submission to:

(a) The Federal Bureau of Investigation for a report on the background of the prospective employee or prospective contractor, as applicable; and

(b) Any appropriate law enforcement agency that the Department deems necessary.

When a report from the Federal Bureau of Investigation or any information from an appropriate law enforcement agency is received by the Central Repository, the Central Repository shall immediately forward a copy of the report or the information to the Department.
The Department shall conduct an investigation of each employee and contractor of the Department pursuant to this section at least once every 5 years after the initial investigation.
Only the Central Repository may:

(a) Receive fingerprints from the Department for submission to the Federal Bureau of Investigation pursuant to this section;

(b) Submit those fingerprints to the Federal Bureau of Investigation; and

As used in this section:

(a) Appropriate law enforcement agency means the local law enforcement agency with jurisdiction in each location where the prospective employee or prospective contractor, as applicable, of the Department lived, worked or attended school within the immediately preceding 5 years.

(b) Central Repository means the Central Repository for Nevada Records of Criminal History.

(Added to NRS by 2019, 3295 )

NRS 360.294

NRS

360.294

Waiver of taxes, penalties and interest owed by taxpayers who rely on certain advice, opinions or audits.

Except as otherwise provided in subsection 2, upon proof that a taxpayer has relied to his or her detriment on written advice provided to the taxpayer by an officer, agent or employee of the Department or on an opinion of the Attorney General:

(a) The Department may waive any tax, penalty and interest owed by the taxpayer if the taxpayer meets the criteria adopted by regulation by the Nevada Tax Commission pursuant to NRS 360.093 ; and

(b) If a waiver is granted pursuant to paragraph (a), the Department shall prepare and maintain on file a statement which contains:

(1) The reason for the waiver;

(2) The amount of the tax, penalty and interest owed by the taxpayer;

(3) The amount of the tax, penalty and interest waived by the Department; and

(4) The facts and circumstances which led to the waiver.

Upon proof that a taxpayer has in good faith collected or remitted taxes imposed pursuant to the provisions of this title that are administered by the Department, in reliance upon written advice provided by an officer, agent or employee of the Department, an opinion of the Attorney General or the Nevada Tax Commission, or the written results of an audit of his or her records conducted by the Department, the taxpayer may not be required to pay delinquent taxes, penalties or interest if the Department determines after the completion of a subsequent audit that the taxes he or she collected or remitted were deficient.

(Added to NRS by 1991, 1581 ; A 1999, 2483 )

PAYMENT OF TAXES AND FEES

NRS 360.4193

NRS

360.4193

Authority of Department; prosecution by Attorney General; issuance of writ of attachment; effect of certificate of Department showing delinquency.

If a person is delinquent in the payment of any tax or fee administered by the Department or has not paid the amount of a deficiency determination, the Department may bring an action in a court of this state, a court of any other state or a court of the United States to collect the delinquent or deficient amount, penalties and interest. The action:

(a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to the Nevada Tax Commission pursuant to NRS 360.245 .

(b) Must be brought not later than 3 years after the payment became delinquent or the determination became final or within 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed.

The Attorney General shall prosecute the action. The provisions of NRS and the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.
In the action, a certificate by the Department showing the delinquency is prima facie evidence of:

(a) The determination of the tax or fee or the amount of the tax or fee;

(b) The delinquency of the amounts; and

(c) The compliance by the Department with all of the procedures required by law related to the computation and determination of the amounts.

(Added to NRS by 1995, 1058 ; A 1999, 2485 )

NRS 360.754

NRS

360.754

Partial abatement of certain taxes imposed on new or expanded data center: Powers and duties of Office of Economic Development, Nevada Tax Commission, applicant for abatement, business approved for abatement and county treasurer. [Effective through December 31, 2056.]

A person who intends to locate or expand a data center in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the new or expanded data center pursuant to chapter 361 or 374

of NRS.

The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

(a) The application is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053 and any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

(b) Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office of Economic Development which must:

(1) Comply with the requirements of NRS 360.755 ;

(2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office of Economic Development, which must not be earlier than the date on which the Office received the application and not later than 1 year after the date on which the Office approves the application;

(3) State that the data center will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office of Economic Development, which must be at least 10 years, and will continue to meet the eligibility requirements set forth in this subsection; and

(4) Bind the successors in interest of the applicant for the specified period.

(c) The applicant is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by each county, city or town in which the data center operates.

(d) If the applicant is seeking a partial abatement for a period of not more than 10 years, the applicant meets the following requirements:

(1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 10 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 10 or more full-time employees who are residents of Nevada at the data center until at least the date which is 10 years after the date on which the abatement becomes effective.

(2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $25,000,000 in capital assets that will be used or located at the data center.

(3) The average hourly wage that will be paid by the data center to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

(I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees; and

(II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection 13.

(4) At least 50 percent of the employees engaged in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

(e) If the applicant is seeking a partial abatement for a period of 10 years or more but not more than 20 years, the applicant meets the following requirements:

(1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 50 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 50 or more full-time employees who are residents of Nevada at the data center until at least the date which is 20 years after the date on which the abatement becomes effective.

(2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $100,000,000 in capital assets that will be used or located at the data center.

(f) The applicant has provided in the application an estimate of the total number of new employees which the data center anticipates hiring in this State if the Office of Economic Development approves the application.

(g) If the applicant is seeking a partial abatement of the taxes imposed by the Local School Support Tax Law, the application has been approved by a vote of at least two-thirds of the members of the Board of Economic Development created by NRS 231.033 .

Notwithstanding the provisions of subsection 2, the Office of Economic Development:

(a) Shall not consider an application for a partial abatement pursuant to this section unless the Office of Economic Development has requested a letter of acknowledgment of the request for the abatement from each affected county, school district, city or town.

(b) Shall consider the level of health care benefits provided to employees employed at the data center, the projected economic impact of the data center and the projected tax revenue of the data center after deducting projected revenue from the abated taxes.

(1) Approve an application for a partial abatement pursuant to this section by a data center that does not meet the requirements set forth in paragraph (d) or (e) of subsection 2;

(2) Make the requirements set forth in paragraphs (d) and (e) of subsection 2 more stringent; or

(3) Add additional requirements that an applicant must meet to qualify for a partial abatement pursuant to this section.

If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

(a) The Department;

(b) The Nevada Tax Commission; and

(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of each county in which the data center is or will be located.

If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office may also approve a partial abatement of taxes for each colocated business that enters into a contract to use or occupy, for a period of at least 2 years, all or a portion of the new or expanded data center. Each such colocated business shall obtain a state business license issued by the Secretary of State. The percentage amount of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the percentage amount of the partial abatement approved for the data center. The duration of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the duration of the contract or contracts entered into between the colocated business and the data center, including the duration of any contract or contracts extended or renewed by the parties. If a colocated business ceases to meet the requirements set forth in this subsection, the colocated business shall repay the amount of the abatement that was allowed in the same manner in which a data center is required by subsection 8 to repay the Department or a county treasurer. If a data center ceases to meet the requirements of subsection 2 or ceases operation before the time specified in the agreement described in paragraph (b) of subsection 2, any partial abatement approved for a colocated business ceases to be in effect, but the colocated business is not required to repay the amount of the abatement that was allowed before the date on which the abatement ceases to be in effect. A data center shall provide the Executive Director of the Office and the Department with a list of the colocated businesses that are qualified to receive a partial abatement pursuant to this subsection and shall notify the Executive Director within 30 days after any change to the list. The Executive Director shall provide the list and any updates to the list to the Department and the county treasurer of each affected county.
An applicant for a partial abatement pursuant to this section or a data center whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
If an applicant for a partial abatement pursuant to this section fails to execute the agreement described in paragraph (b) of subsection 2 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.
If a data center whose partial abatement has been approved pursuant to this section and is in effect ceases:

(a) To meet the requirements set forth in subsection 2; or

(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the data center shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361

of NRS, to the county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the data center to comply unless the Nevada Tax Commission determines that the data center has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320 , the data center shall, in addition to the amount of the partial abatement required to be repaid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

A county treasurer:

(a) Shall deposit any money that he or she receives pursuant to subsection 5 or 8 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115 ; and

(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115 .

An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in

chapter 233B of NRS.

For an employee to be considered a resident of Nevada for the purposes of this section, a data center must maintain the following documents in the personnel file of the employee:

(a) A copy of the current and valid Nevada drivers license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

(b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

(d) Proof that the employee is covered by the health insurance plan which the data center is required to provide pursuant to sub-subparagraph (I) of subparagraph (3) of paragraph (d) of subsection 2 or sub-subparagraph (I) of subparagraph (3) of paragraph (e) of subsection 2.

For the purpose of obtaining from the Executive Director of the Office of Economic Development any waiver of the requirements set forth in subparagraph (4) of paragraph (d) of subsection 2 or subparagraph (4) of paragraph (e) of subsection 2, a data center must submit to the Executive Director of the Office of Economic Development written documentation of the efforts to meet the requirements and documented proof that an insufficient number of Nevada residents is available and qualified for employment.
The Office of Economic Development:

(a) Shall adopt regulations relating to the minimum level of health care benefits that a data center must provide to its employees to meet the requirement set forth in paragraph (d) or (e) of subsection 2;

(b) May adopt such other regulations as the Office determines to be necessary to carry out the provisions of this section; and

(c) Shall not approve any application for a partial abatement submitted pursuant to this section which is received on or after January 1, 2036.

The Nevada Tax Commission:

(a) Shall adopt regulations regarding:

(1) The capital investment necessary to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and

(2) Any security that a data center is required to post to qualify for a partial abatement pursuant to this section.

(b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.

As used in this section, unless the context otherwise requires:

(a) Colocated business means a person who enters into a contract with a data center that is qualified to receive an abatement pursuant to this section to use or occupy all or part of the data center.

(b) Data center means one or more buildings located at one or more physical locations in this State which house a group of networked server computers for the purpose of centralizing the storage, management and dissemination of data and information pertaining to one or more businesses and includes any modular or preassembled components, associated telecommunications and storage systems and, if the data center includes more than one building or physical location, any network or connection between such buildings or physical locations.

(c) Full-time employee means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in paragraph (d) or (e) of subsection 2.

(Added to NRS by 2015, 3042 ; A 2017, 3790 ; 2019, 2249 ; 2021, 2298 )

NRS 360.759

NRS

360.759

Eligibility; application; taxes to which credit may be applied; powers and duties of Office of Economic Development, Nevada Tax Commission, Nevada Gaming Commission and production company; regulations.

A production company that produces a qualified production in this State in whole or in part may apply to the Office of Economic Development for a certificate of eligibility for transferable tax credits for any qualified direct production expenditures. The transferable tax credits may be applied to:

(a) Any tax imposed by chapters 363A and 363B

of NRS;

(b) The gaming license fees imposed by the provisions of NRS 463.370 ;

(d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).

The Office may approve an application for a certificate of eligibility for transferable tax credits if the Office finds that the production company producing the qualified production qualifies for the transferable tax credits pursuant to subsection 3. If the Office approves the application, the Office shall calculate the estimated amount of the transferable tax credits pursuant to NRS 360.7592 , 360.7593 and 360.7594 .
To be eligible for transferable tax credits pursuant to this section, a production company must:

(a) Submit an application that meets the requirements of subsection 4;

(b) Provide proof satisfactory to the Office that the qualified production is in the economic interest of the State;

(c) Provide proof satisfactory to the Office that 70 percent or more of the funding for the qualified production has been obtained;

(d) Provide proof satisfactory to the Office that at least 60 percent of the direct production expenditures for:

(1) Preproduction;

(2) Production; and

(3) If any direct production expenditures for postproduction will be incurred in this State, postproduction,

Ê of the qualified production will be incurred in this State as qualified direct production expenditures;

(e) Not later than 270 days after the completion of principal photography of the qualified production or, if any direct production expenditures for postproduction will be incurred in this State, not later than 270 days after the completion of postproduction, unless the Office agrees to extend this period by not more than 90 days, provide the Office with an audit of the qualified production that includes an itemized report of qualified direct production expenditures which:

(1) Shows that the qualified production incurred qualified direct production expenditures of $500,000 or more; and

(2) Is certified by an independent certified public accountant in this State who is approved by the Office;

(f) Pay the cost of the audit required by paragraph (e);

(g) Enter into a written agreement with the Office that requires the production company to include:

(1) In the end screen credits of the qualified production, a logo of this State provided by the Office which indicates that the qualified production was filmed or otherwise produced in Nevada; or

(2) If the qualified production does not have end screen credits, another acknowledgment in the final version of the qualified production which indicates that the qualified production was filmed or otherwise produced in Nevada; and

(h) Meet any other requirements prescribed by regulation pursuant to this section.

An application submitted pursuant to subsection 3 must contain:

(a) A script, storyboard or synopsis of the qualified production;

(b) The names of the production company, producer, director and proposed cast;

(d) A summary of the budgeted expenditures for the entire production, including projected expenditures to be incurred outside of Nevada;

(e) Details regarding the financing of the project, including, without limitation, any information relating to a binding financing commitment, loan application, commitment letter or investment letter;

(f) An insurance certificate, binder or quote for general liability insurance of $1,000,000 or more;

(g) The business address of the production company;

(h) Proof that the qualified production meets any applicable requirements relating to workers compensation insurance;

(i) Proof that the production company has secured all licenses and registrations required to do business in each location in this State at which the qualified production will be produced; and

(j) Any other information required by regulations adopted by the Office pursuant to subsection 8.

If the Office approves an application for a certificate of eligibility for transferable tax credits pursuant to this section, the Office shall immediately forward a copy of the certificate of eligibility which identifies the estimated amount of the tax credits available pursuant to NRS 360.7592 to:

(a) The applicant;

(b) The Department; and

Within 60 business days after receipt of an audit provided by a production company pursuant to paragraph (e) of subsection 3 and any other accountings or other information required by the Office, the Office shall determine whether to certify the audit and make a final determination of whether a certificate of transferable tax credits will be issued. If the Office certifies the audit, determines that all other requirements for the transferable tax credits have been met and determines that a certificate of transferable tax credits will be issued, the Office shall notify the production company that the transferable tax credits will be issued. Within 30 days after the receipt of the notice, the production company shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in subsection 1, thereby accounting for all of the credits which will be issued. Upon receipt of the declaration, the Office shall issue to the production company a certificate of transferable tax credits in the amount approved by the Office for the fees or taxes included in the declaration of the production company. The production company shall notify the Office upon transferring any of the transferable tax credits. The Office shall notify the Department and the Nevada Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in subsection 1, and the amount of any transferable tax credits transferred.
An applicant for transferable tax credits pursuant to this section shall, upon the request of the Executive Director of the Office, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 3.
The Office:

(a) Shall adopt regulations prescribing:

(1) Any additional requirements to receive transferable tax credits;

(2) Any additional qualified expenditures or production costs that may serve as the basis for transferable tax credits pursuant to NRS 360.7591 ;

(3) Any additional information that must be included with an application pursuant to subsection 4;

(4) The application review process;

(5) Any type of qualified production which, due to obscene or sexually explicit material, is not eligible for transferable tax credits; and

(6) The requirements for notice pursuant to NRS 360.7595 ; and

(b) May adopt any other regulations that are necessary to carry out the provisions of NRS 360.758 to 360.7598 , inclusive.

The Nevada Tax Commission and the Nevada Gaming Commission:

(a) Shall adopt regulations prescribing the manner in which transferable tax credits will be administered.

(b) May adopt any other regulations that are necessary to carry out the provisions of NRS 360.758 to 360.7598 , inclusive.

(Added to NRS by 2013, 3091 ; A 2015, 1101 , 1109 ;

2021, 280 )

NRS 360.796

NRS

360.796

Unlawful hiring or employment of unauthorized alien by holder of license: Hearing; administrative fine; regulations.

Upon finding that the Attorney General of the United States has made a final decision and entered an order that a person who holds a state business license has engaged in the unlawful hiring or employment of an unauthorized alien pursuant to 8 U.S.C. § 1324a(e), the Nevada Tax Commission shall hold a hearing to determine whether to take action against the person.
The Nevada Tax Commission shall consider any proof submitted by the person who holds a state business license which demonstrates that the person attempted to verify the social security number of the unauthorized alien within 6 months from the date on which the unauthorized alien was allegedly employed. Such proof may include, without limitation, a printout from the link maintained on the Internet website of the Department of Business and Industry pursuant to NRS 232.521 . Such proof may be used as prima facie evidence that the violation was not willful, flagrant or otherwise egregious.
If the Nevada Tax Commission determines that the person who holds the state business license violated the federal law willfully, flagrantly or otherwise egregiously, the Commission shall impose an administrative fine against the person in an amount established by the Commission by regulation. Any such administrative fine imposed must be deposited in the State General Fund.
The Nevada Tax Commission shall adopt such regulations as it determines necessary to carry out the provisions of this section.

(Added to NRS by 2007, 1270 )

ACQUISITION OR EXPANSION OF PUBLIC UTILITIES BY LOCAL GOVERNMENTS

NRS 360.867

NRS

360.867

Submittal of application on behalf of project; contents of application; reservation of credits; termination of reservation; issuance and transfer of credits; repayment of excess credits; confidentiality of information in application; regulations.

On behalf of a project, the project sponsor may apply to the Division for a certificate of eligibility for transferable tax credits which may be applied to:

(a) Any tax imposed by chapter 363A or 363B

of NRS;

(b) The gaming license fees imposed by the provisions of NRS 463.370 ;

(d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).

To apply for a certificate of eligibility for transferable tax credits, the project sponsor must:

(a) Submit an application on a form prescribed by the Division; and

(b) Comply with the requirements to obtain an allocation of federal low-income housing tax credits which are set forth in the qualified allocation plan.

The Division shall:

(a) Review each application for a certificate of eligibility for transferable tax credits submitted pursuant to subsection 2 and any supporting documents to determine whether the requirements for eligibility for a reservation of transferable tax credits are met and the amount of transferable tax credit threshold points awarded to the project;

(b) Determine the amount of transferable tax credits for which the project may be eligible, which amount must equal the amount determined by the Division to be necessary to make the project financially feasible after considering all other sources of financing for the project; and

(c) Reserve the amount of transferable tax credits for which each project is determined to be eligible pursuant to paragraph (b) in the order of the amount of transferable tax credit threshold points awarded to each such project pursuant to paragraph (a) until a reservation is made for each project or the amount of transferable credits reserved for the fiscal year is equal to the amount of transferable tax credits which the Division is authorized to approve for the fiscal year pursuant to NRS 360.868 , whichever occurs first. If the amount of transferable tax credits reserved for the fiscal year reaches the amount of transferable tax credits which the Division is authorized to approve for the fiscal year pursuant to NRS 360.868

before each eligible project is reserved the full amount of transferable tax credits for which it is determined to be eligible pursuant to paragraph (b), the Division may take any action that the Division determines will ensure the maximum development of affordable housing in this State, including, without limitation, proportionally reducing the reservation of each project for which transferable tax credits are reserved or reserving for the last project to receive a reservation of transferable tax credits an amount of transferable tax credits that is less than the full amount of transferable tax credits for which the project was determined to be eligible pursuant to paragraph (b).

If the Division reserves transferable tax credits for a project pursuant to subsection 3, the Division shall provide written notice of the reservation which identifies the amount of the tax credits reserved for the project to:

(a) The project sponsor;

(b) The Department;

(d) The Office of Finance; and

(e) The Fiscal Analysis Division of the Legislative Counsel Bureau.

The Division:

(a) Shall terminate a reservation of transferable tax credits if the project for which the reservation is awarded is not closed within the period specified in paragraph (a) of subsection 6 unless, before the expiration of that period, the Division receives from the project sponsor a written request for an extension of not more than 45 days. The Division may grant only one extension pursuant to this paragraph and, if the project is not closed before the expiration of the extension period, the Division must terminate the reservation of transferable tax credits. A request for an extension submitted pursuant to this paragraph must be accompanied by proof satisfactory to the Division that:

(1) The requirements for financing the project have been substantially completed;

(2) The delay in closing was the result of circumstances that could not have been anticipated by and were outside the control of the project sponsor at the time the application was submitted by the project sponsor; and

(3) The project will be closed not later than 45 days after the Division receives the request.

(b) May terminate a reservation of transferable tax credits if the Division determines that any event, circumstance or condition occurs for which a reservation of federal low-income housing tax credits may be terminated. If transferable tax credits are terminated pursuant to this paragraph, the Division may issue a reservation for the amount of transferable tax credits terminated to other projects eligible for transferable tax credits in the order of the amount of transferable tax credit threshold points awarded to each such project pursuant to paragraph (a) of subsection 3.

Except as otherwise provided in this section, to be issued transferable tax credits:

(a) Not later than 270 days after the Division provides written notice of the reservation of transferable tax credits pursuant to subsection 4, the project sponsor must demonstrate to the Division that the project has been closed by providing proof satisfactory to the Division that the project sponsor has:

(1) Purchased and holds title in fee simple to the project site in the name of the project sponsor.

(2) Entered into a written agreement with a contractor who is licensed in this State to begin construction.

(3) Obtained adequate financing for the construction of the project. The applicant must provide written commitments or contracts from third parties.

(4) Executed a written commitment for a loan for permanent financing for the construction of the project in an amount that ensures the financial feasibility of the project. The commitment may be subject to the condition that the construction is completed and the project is appraised for an amount sufficient to justify the loan in accordance with the requirements of the lender for credit. If the project is a rural development project that receives loans or grants from the United States Department of Agriculture, the applicant must provide a form approved by the Division that indicates that money has been obligated for the construction of the project before the expiration of the period. An advance of that money is not required before the expiration of the period.

(b) Not less than 45 days before the project is closed, the project sponsor must submit to the Division a final application for transferable tax credits on a form provided by the Division and such other information as the Division deems necessary to determine whether the project qualifies for the issuance of transferable tax credits. Upon receipt of a final application pursuant to this paragraph, the Division shall complete a review of the project and the project sponsor. If, after such review, the Division determines that the project complies with the requirements upon which transferable tax credits were reserved pursuant to this section and a declaration of restrictive covenants and conditions will be recorded in the office of the county recorder for the county in which the project is located:

(1) The Division shall:

(I) Determine the appropriate amount of transferable tax credits for the project, which must be the amount the Division determines is necessary to make the project financially feasible after all other sources of funding are allocated and paid toward the final cost of the project and may not exceed the amount of transferable tax credits reserved for the project pursuant to this section; and

(II) Notify the project sponsor that the transferable tax credits will be issued;

(2) Within 30 days after the receipt of the notice, the project sponsor shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in subsection 1, thereby accounting for all of the credits which will be issued; and

(3) Upon receipt of the declaration described in subparagraph (2), the Division shall issue transferable tax credits to the project sponsor in the amount approved by the Division. The project sponsor shall notify the Division upon transferring any transferable tax credits. An entity to which a project sponsor transfers any transferable tax credits may transfer those transferable tax credits to one or more of its subsidiaries or affiliates and shall notify the Division upon making any such transfer. The Division shall notify the Department of Taxation, the Office of Finance, the Fiscal Analysis Division of the Legislative Counsel Bureau and the Nevada Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in subsection 1, and of all transferable tax credits transferred, segregated by each fee or tax set forth in subsection 1.

Upon completion of the project, the project sponsor shall submit to the Division a certification of costs on a form provided by the Division and such other information as the Division deems necessary to determine the final cost of the project. If, based upon the final cost of the project indicated in the certification of costs, the Division determines that the amount of transferable tax credits issued by the Division to the project sponsor is greater than the amount of transferable tax credits to which the project sponsor is entitled:

(a) The Division shall notify the project sponsor, the Department of Taxation, the Office of Finance, the Fiscal Analysis Division of the Legislative Counsel Bureau and the Nevada Gaming Control Board that the project sponsor is required to repay the portion of the transferable tax credits to which the project sponsor is not entitled. The notice must specify the amount of transferable tax credits that the project sponsor is required to repay.

(b) The project sponsor shall repay to the Department of Taxation or the Nevada Gaming Control Board, as applicable, the portion of the transferable tax credits to which the project sponsor is not entitled.

The project sponsor may submit a request to the Administrator of the Division to protect from disclosure any information in the application which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Administrator of the Division shall determine whether to protect the information from disclosure. The decision of the Administrator of the Division is final and is not subject to judicial review. If the Administrator of the Division determines to protect the information from disclosure, the protected information:

(a) Is confidential proprietary information of the business;

(b) Is not a public record;

(c) Must be redacted by the Administrator of the Division from any copy of the application that is disclosed to the public; and

(d) Must not be disclosed to any person who is not an officer or employee of the Division unless the lead participant consents to the disclosure.

The Division may adopt any regulations necessary to carry out the provisions of NRS 360.860 to 360.870 , inclusive.
The Nevada Tax Commission and the Nevada Gaming Commission:

(a) Shall adopt regulations prescribing the manner in which transferable tax credits described in this section will be administered.

(b) May adopt any other regulations that are necessary to carry out the provisions of NRS 360.860 to 360.870 , inclusive.

As used in this section:

(a) Affiliate means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a specified person.

(b) Certification of costs means a report from an independent certified public accountant attesting:

(1) To the amount of the actual costs of construction of the project; and

(2) That those costs may be included in the eligible basis of the project pursuant to the provisions of 26 U.S.C. § 42.

(c) Subsidiary means an entity in which a person owns beneficially or of record 50 percent or more of the outstanding equity interests.

(d) Transferable tax credit threshold points means points awarded based on specific objectives determined by the Division through the dissemination of a strategic plan for the development of affordable housing created by the Division, the review of housing data and the receipt of input from persons interested in the development of affordable housing.

(Added to NRS by 2019, 3762 ; A 2021, 1041 )

NRS 360.889

NRS

360.889

Submittal of application on behalf of project; submission of request for approval of application to Interim Finance Committee; contents of application; provision of additional documentation. [Effective through June 30, 2032.]

On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:

(a) A certificate of eligibility for transferable tax credits which may be applied to:

(1) Any tax imposed by chapters 363A and 363B

of NRS;

(2) The gaming license fees imposed by the provisions of NRS 463.370 ;

(3) Any tax imposed by chapter 680B of NRS; or

(4) Any combination of the fees and taxes described in subparagraphs (1), (2) and (3).

(b) A partial abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.

For a project to be eligible for the transferable tax credits described in paragraph (a) of subsection 1 and the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant in the project must, on behalf of the project:

(a) Submit an application that meets the requirements of subsection 5;

(b) Provide documentation satisfactory to the Office that approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053 ;

(c) Provide documentation satisfactory to the Office that the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application;

(d) Provide documentation satisfactory to the Office that the participants in the project are engaged in a common business purpose or industry;

(e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site or sites;

(f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;

(g) Provide documentation satisfactory to the Office of the number of employees engaged in the construction of the project;

(h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;

(i) Provide documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;

(j) Provide documentation satisfactory to the Office that each participant in the project provides a plan of health insurance and that each employee employed at the project by each participant is offered coverage under the plan of health insurance provided by his or her employer;

(k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;

(l) Agree to provide the Office with a full compliance audit of the participants in the project at the end of each fiscal year which:

(1) Shows the amount of money invested in this State by each participant in the project;

(2) Shows the number of employees engaged in the construction of the project and the number of those employees who are residents of Nevada;

(3) Shows the number of employees employed at the project by each participant and the number of those employees who are residents of Nevada; and

(4) Is certified by an independent certified public accountant in this State who is approved by the Office;

(m) Pay the cost of the audit required by paragraph (l);

(n) Enter into an agreement with the governing body of the city or county in which the qualified project is located that:

(1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposal approved pursuant to NRS 360.990 ; and

(2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from the proceeds of bonds issued pursuant to NRS 360.991 ; and

(o) Meet any other requirements prescribed by the Office.

In addition to meeting the requirements set forth in subsection 2, for a project located on more than one site in this State to be eligible for the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant must, on behalf of the project, submit an application that meets the requirements of subsection 5 on or before June 30, 2019, and provide documentation satisfactory to the Office that:

(a) The initial project will have a total of 500 or more full-time employees employed at the site of the initial project and the average hourly wage that will be paid to employees of the initial project in this State is at least 120 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;

(b) Each participant in the project must be a subsidiary or affiliate of the lead participant; and

(1) Except as otherwise provided in subparagraph (2), satisfies the requirements of paragraph (f) or (g) of subsection 2 of NRS 360.750 , regardless of whether the business is a new business or an existing business; and

(2) If a participant owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft, that the participant satisfies the applicable requirements of paragraph (f) or (g) of subsection 2 of NRS 360.753 .

Ê If any participant is a data center, as defined in NRS 360.754 , any capital investment by that participant must not be counted in determining whether the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application, as required by paragraph (c) of subsection 2.

In addition to meeting the requirements set forth in subsection 2, a project is eligible for the transferable tax credits described in paragraph (a) of subsection 1 only if the Interim Finance Committee approves a written request for the issuance of the transferable tax credits. Such a request may only be submitted by the Office and only after the Office has approved the application submitted for the project pursuant to subsection 2. The Interim Finance Committee may approve a request submitted pursuant to this subsection only if the Interim Finance Committee determines that approval of the request:

(a) Will not impede the ability of the Legislature to carry out its duty to provide for an annual tax sufficient to defray the estimated expenses of the State for each fiscal year as set forth in Article 9, Section 2 of the Nevada Constitution; and

(b) Will promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053 .

An application submitted pursuant to subsection 2 must include:

(a) A detailed description of the project, including a description of the common purpose or business endeavor in which the participants in the project are engaged;

(b) A detailed description of the location of the project, including a precise description of the geographic boundaries of the project site or sites;

(d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $1 billion in this State in the 10-year period immediately following approval of the application;

(e) If the application includes one or more partial abatements, an agreement executed by the Office with the lead participant in the project not later than 1 year after the date on which the application was received by the Office which:

(1) Complies with the requirements of NRS 360.755 ;

(2) States the date on which the partial abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application and not later than 1 year after the date on which the Office approves the application;

(3) States that the project will, after the date on which a certificate of eligibility for the partial abatement is approved pursuant to NRS 360.893 , continue in operation in this State for a period specified by the Office; and

(4) Binds successors in interest of the lead participant for the specified period; and

(f) Any other information required by the Office.

For an employee to be considered a resident of Nevada for the purposes of this section, each participant in the project must maintain the following documents in the personnel file of the employee:

(a) A copy of the:

(1) Current and valid Nevada drivers license of the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee or a current and valid identification card for the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee; or

(2) If the employee is a veteran of the Armed Forces of the United States, a current and valid Nevada drivers license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

(b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

(d) Proof that the employee is offered coverage under a plan of health insurance provided by his or her employer.

For the purpose of obtaining from the Executive Director of the Office any waiver of the requirement set forth in paragraph (k) of subsection 2, the lead participant in the project must submit to the Executive Director of the Office written documentation of the efforts to meet the requirement and documented proof that an insufficient number of Nevada residents is available and qualified for employment.
The Executive Director of the Office shall make available to the public and post on the Internet website of the Office:

(a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2; and

(b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.

The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days. The Executive Director of the Office shall ensure that the Internet website allows members of the public to post comments regarding the request.
The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request. If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.
If an applicant for one or more partial abatements pursuant to this section fails to execute the agreement described in paragraph (e) of subsection 5 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.

(Added to NRS by 2015, 29th Special Session, 19 ; A 2017, 3795 ; 2019, 2601 ; 2021, 2303 )

NRS 360.894

NRS

360.894

Duty of lead participant to provide records to verify eligibility for transferable tax credits and partial abatement of taxes; repayment of tax credits to which lead participant is not entitled; repayment of amount of taxes abated if qualified project becomes ineligible or ceases operation. [Effective through June 30, 2032.]

The lead participant in a qualified project shall, upon the request of the Office of Economic Development, furnish the Office with copies of all records necessary to verify that the qualified project meets the eligibility requirements for any transferable tax credits issued pursuant to NRS 360.891 and the partial abatement of any taxes pursuant to NRS 360.893 .
The lead participant shall repay to the Department or the Nevada Gaming Control Board, as applicable, any portion of the transferable tax credits to which the lead participant is not entitled if:

(a) The participants in the qualified project collectively fail to make the investment in this State necessary to support the determination by the Executive Director of the Office of Economic Development that the project is a qualified project;

(b) The participants in the qualified project collectively fail to employ the number of qualified employees identified in the certificate of eligibility approved for the qualified project;

(c) The lead participant submits any false statement, representation or certification in any document submitted for the purpose of obtaining transferable tax credits; or

(d) The lead participant otherwise becomes ineligible for transferable tax credits after receiving the transferable tax credits pursuant to NRS 360.880 to 360.896 , inclusive.

Transferable tax credits purchased in good faith are not subject to forfeiture unless the transferee submitted fraudulent information in connection with the purchase.
Notwithstanding any provision of this chapter or chapter 361 of NRS, if the lead participant in a qualified project for which a partial abatement has been approved pursuant to NRS 360.893 and is in effect:

(a) Fails to meet the requirements for eligibility pursuant to that section; or

(b) Ceases operation before the time specified in the agreement described in paragraph (e) of subsection 4 of NRS 360.889 ,

Ê the lead participant shall repay to the Department or, if the partial abatement is from the property tax imposed by chapter 361 of NRS, to the appropriate county treasurer, the amount of the partial abatement that was allowed to the lead participant pursuant to NRS 360.893 before the failure of the lead participant to meet the requirements for eligibility. Except as otherwise provided in NRS 360.232 and 360.320 , the lead participant shall, in addition to the amount of the partial abatement required to be repaid by the lead participant pursuant to this subsection, pay interest on the amount due from the lead participant at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

The Secretary of State may, upon application by the Executive Director of the Office, revoke or suspend the state business license of the lead participant in a qualified project which is required to repay any portion of transferable tax credits pursuant to subsection 2 or the amount of any partial abatement pursuant to subsection 4 and which the Office determines is not in compliance with the provisions of this section governing repayment. If the state business license of the lead participant in a qualified project is suspended or revoked pursuant to this subsection, the Secretary of State shall provide written notice of the action to the lead participant. The Secretary of State shall not reinstate a state business license suspended pursuant to this subsection or issue a new state business license to the lead participant whose state business license has been revoked pursuant to this subsection unless the Executive Director of the Office provides proof satisfactory to the Secretary of State that the lead participant is in compliance with the requirements of this section governing repayment.

(Added to NRS by 2015, 29th Special Session, 26 ; A 2017, 3800 )

NRS 360.945

NRS

360.945

Submittal of application on behalf of project; contents of application; provision of additional documentation. [Effective through June 30, 2036.]

On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:

(a) A certificate of eligibility for transferable tax credits which may be applied to:

(1) Any tax imposed by chapters 363A and 363B

of NRS;

(2) The gaming license fees imposed by the provisions of NRS 463.370 ;

(3) Any tax imposed by chapter 680B of NRS; or

(4) Any combination of the fees and taxes described in subparagraphs (1), (2) and (3).

(b) An abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.

For a project to be eligible for the transferable tax credits described in paragraph (a) of subsection 1 and abatement of the taxes described in paragraph (b) of subsection 1, the lead participant in the project must, on behalf of the project:

(a) Submit an application that meets the requirements of subsection 3;

(c) Provide documentation satisfactory to the Office that the participants in the project collectively will make a total new capital investment of at least $3.5 billion in this State within the 10-year period immediately following approval of the application;

(d) Provide documentation satisfactory to the Office that the participants in the project are engaged in a common business purpose or industry;

(e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site;

(g) Provide documentation satisfactory to the Office of the number of employees engaged in the construction of the project;

(h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;

(l) Agree to provide the Office with a full compliance audit of the participants in the project at the end of each fiscal year which:

(1) Shows the amount of money invested in this State by each participant in the project;

(2) Shows the number of employees engaged in the construction of the project and the number of those employees who are residents of Nevada;

(3) Shows the number of employees employed at the project by each participant and the number of those employees who are residents of Nevada; and

(4) Is certified by an independent certified public accountant in this State who is approved by the Office;

(m) Pay the cost of the audit required by paragraph (l);

(n) Enter into an agreement with the governing body of the city or county in which the qualified project is located that:

(2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from the proceeds of bonds of the State of Nevada issued pursuant to NRS 360.991 ; and

(o) Meet any other requirements prescribed by the Office.

An application submitted pursuant to subsection 2 must include:

(a) A detailed description of the project, including a description of the common purpose or business endeavor in which the participants in the project are engaged;

(b) A detailed description of the location of the project, including a precise description of the geographic boundaries of the project site;

(d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $3.5 billion in this State in the 10-year period immediately following approval of the application;

(e) If the application includes one or more abatements, an agreement executed by the Office with the lead participant in the project not later than 1 year after the date on which the application was received by the Office which:

(1) Complies with the requirements of NRS 360.755 ;

(2) States that the project will, after the date on which a certificate of eligibility for the abatement is approved pursuant to NRS 360.965 , continue in operation in this State for a period specified by the Office; and

(3) Binds successors in interest of the lead participant for the specified period; and

(f) Any other information required by the Office.

For an employee to be considered a resident of Nevada for the purposes of this section, each participant in the project must maintain the following documents in the personnel file of the employee:

(a) A copy of the current and valid Nevada drivers license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

(b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

(d) Proof that the employee is offered coverage under a plan of health insurance provided by his or her employer.

For the purpose of obtaining from the Executive Director of the Office any waiver of the requirement set forth in paragraph (k) of subsection 2, the lead participant in the project must submit to the Executive Director of the Office written documentation of the efforts to meet the requirement and documented proof that an insufficient number of Nevada residents is available and qualified for employment.
The Executive Director of the Office shall make available to the public and post on the Internet website for the Office:

(a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2; and

(b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.

The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days. The Executive Director of the Office shall ensure that the Internet website allows members of the public to post comments regarding the request.
The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request. If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.
If an applicant for one or more abatements pursuant to this section fails to execute the agreement described in paragraph (e) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for an abatement pursuant to this section unless the applicant submits a new application.

(Added to NRS by 2014, 28th Special Session, 13 ; A 2017, 3802 ; 2021, 2307 )

NRS 360.970

NRS

360.970

Duty of lead participant to provide records to verify eligibility for transferable tax credits and abatements of taxes; repayment of tax credits to which lead participant is not entitled; repayment of amount of taxes abated if qualified project becomes ineligible or ceases operation. [Effective through June 30, 2036.]

The lead participant in a qualified project shall, upon the request of the Office of Economic Development, furnish the Office with copies of all records necessary to verify that the qualified project meets the eligibility requirements for any transferable tax credits issued pursuant to NRS 360.955 and the abatement of any taxes pursuant to NRS 360.965 .
The lead participant shall repay to the Department or the Nevada Gaming Control Board, as applicable, any portion of the transferable tax credits to which the lead participant is not entitled if:

(b) The participants in the qualified project collectively fail to employ the number of qualified employees identified in the certificate of eligibility approved for the qualified project;

(c) The lead participant submits any false statement, representation or certification in any document submitted for the purpose of obtaining transferable tax credits; or

(d) The lead participant otherwise becomes ineligible for transferable tax credits after receiving the transferable tax credits pursuant to NRS 360.900 to 360.975 , inclusive.

Transferable tax credits purchased in good faith are not subject to forfeiture unless the transferee submitted fraudulent information in connection with the purchase.
Notwithstanding any provision of this chapter or chapter 361 of NRS, if the lead participant in a qualified project for which an abatement has been approved pursuant to NRS 360.965 and is in effect:

(a) Fails to meet the requirements for eligibility pursuant to that section; or

(b) Ceases operation before the time specified in the agreement described in paragraph (e) of subsection 3 of NRS 360.945 ,

Ê the lead participant shall repay to the Department or, if the abatement is from the property tax imposed by chapter 361 of NRS, to the appropriate county treasurer, the amount of the abatement that was allowed to the lead participant pursuant to NRS 360.965 before the failure of the lead participant to meet the requirements for eligibility. Except as otherwise provided in NRS 360.232 and 360.320 , the lead participant shall, in addition to the amount of the abatement required to be repaid by the lead participant pursuant to this subsection, pay interest on the amount due from the lead participant at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the abatement not been approved until the date of payment of the tax.

The Secretary of State may, upon application by the Executive Director of the Office, revoke or suspend the state business license of the lead participant in a qualified project which is required to repay any portion of transferable tax credits pursuant to subsection 2 or the amount of any abatement pursuant to subsection 4 and which the Office determines is not in compliance with the provisions of this section governing repayment. If the state business license of the lead participant in a qualified project is suspended or revoked pursuant to this subsection, the Secretary of State shall provide written notice of the action to the lead participant. The Secretary of State shall not reinstate a state business license suspended pursuant to this subsection or issue a new state business license to the lead participant whose state business license has been revoked pursuant to this subsection unless the Executive Director of the Office provides proof satisfactory to the Secretary of State that the lead participant is in compliance with the requirements of this section governing repayment.

(Added to NRS by 2014, 28th Special Session, 19 )

NRS 361.080

NRS

361.080

Exemption of property of surviving spouses.

The property of surviving spouses, not to exceed the amount of $1,000 assessed valuation, is exempt from taxation, but no such exemption may be allowed to anyone but a bona fide resident of this State, and must be allowed in but one county in this State to the same family.
For the purpose of this section, property in which the surviving spouse has any interest shall be deemed the property of the surviving spouse.
The person claiming such an exemption must file with the county assessor an affidavit declaring that the person is a bona fide resident of this State and that the exemption has been claimed in no other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall, except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.
A surviving spouse is not entitled to the exemption provided by this section in any fiscal year beginning after any remarriage, even if the remarriage is later annulled.
If any person files a false affidavit or provides false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.
Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

[Part 1:344:1953; A 1954, 29 ; 1955, 340 ]—(NRS A 1971, 142 ; 1973, 985 ; 1989, 713 ; 1999, 2769 ; 2001, 1546 ; 2003, 2749 ; 2005, 2649 ; 2007, 1876 ; 2011, 3515 )

NRS 361.085

NRS

361.085

Exemption of property of persons who are blind.

The property of each person who is blind, not to exceed the amount of $3,000 of assessed valuation, is exempt from taxation, including community property to the extent only of the interest therein of the person who is blind, but no such exemption may be allowed to anyone but a bona fide resident of this State, and must be allowed in but one county in this State on account of the same person.
The person claiming such an exemption must file with the county assessor an affidavit declaring that the person is a bona fide resident of the State of Nevada who meets all the other requirements for the exemption and that the exemption is not claimed in any other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall, except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.
Upon first claiming the exemption in a county the claimant shall furnish to the assessor a certificate of a licensed physician setting forth that the physician has examined the claimant and has found him or her to be a person who is blind.
If any person files a false affidavit or provides false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.
Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.
As used in this section, person who is blind includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.

[Part 1:344:1953; A 1954, 29 ; 1955, 340 ]—(NRS A 1959, 90 ; 1971, 142 ; 1973, 985 ; 1989, 714 ; 1995, 1087 ; 1999, 2769 ; 2003, 2750 ; 2005, 2650 ; 2007, 1877 ; 2011, 3515 )

NRS 361.090

NRS

361.090

Veterans exemptions.

The property, to the extent of $2,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:

(a) Has served a minimum of 90 continuous days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;

(b) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or

(c) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the Government of the United States, regardless of the number of days served on active duty,

Ê and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

For the purpose of this section, the first $2,000 assessed valuation of property in which an applicant has any interest shall be deemed the property of the applicant.
The exemption may be allowed only to a claimant who files an affidavit with his or her claim for exemption on real property pursuant to NRS 361.155 . The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
The affidavit must be made before the county assessor or a notary public and filed with the county assessor. It must state that the affiant is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is not claimed in any other county in this State. After the filing of the original affidavit, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

(a) The renewal of the exemption; and

(b) The designation of any amount to be credited to the Gift Account for the Veterans Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145 ,

Ê to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.

Persons in actual military service are exempt during the period of such service from filing the annual forms for renewal of the exemption, and the county assessors shall continue to grant the exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his or her behalf during the period of such service by any person having knowledge of the facts.
Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
If any person files a false affidavit or produces false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.
Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

[Part 1:344:1953; A 1954, 29 ; 1955, 340 ]—(NRS A 1957, 320 ; 1963, 53 ; 1966, 4 ; 1967, 557 ; 1973, 986 ; 1977, 1488 ; 1983, 471 ; 1987, 812 , 1527 ;

1989, 714 ; 1991, 1925 , 2091 ;

1993, 586 ; 1995, 2296 ; 1999, 2770 ; 2001, 1521 , 1523 ;

2003, 2751 , 2752 ;

2005, 2650 ; 2007, 1878 ; 2011, 3516 ; 2013, 2509 )

NRS 361.091

NRS

361.091

Exemption for veteran who has incurred service-connected disability and surviving spouse of such a veteran.

A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to an exemption.
The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $20,000 assessed valuation. A person with a permanent service-connected disability of:

(a) Eighty to 99 percent, inclusive, is entitled to an exemption of $15,000 assessed value.

(b) Sixty to 79 percent, inclusive, is entitled to an exemption of $10,000 assessed value.

Ê For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.

The exemption may be allowed only to a claimant who has filed an affidavit with his or her claim for exemption on real property pursuant to NRS 361.155 . The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.
The affidavit must be made before the county assessor or a notary public and be filed with the county assessor. It must state that the affiant is a bona fide resident of the State of Nevada, that the affiant meets all the other requirements of subsection 1 and that the exemption is not claimed in any other county within this State. After the filing of the original affidavit, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

(a) The renewal of the exemption; and

Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicants status, and for that purpose shall require the applicant to produce an original or certified copy of:

(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his or her permanent service-connected disability;

(b) A certificate of satisfactory service which indicates the total percentage of his or her permanent service-connected disability; or

(c) A certificate from the United States Department of Veterans Affairs or any other military document which shows that he or she has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.

A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:

(a) The surviving spouse was married to and living with the veteran who incurred a permanent service-connected disability for the 5 years preceding his or her death;

(b) The veteran was eligible for the exemption at the time of his or her death or would have been eligible if the veteran had been a resident of the State of Nevada;

(d) The surviving spouse is a bona fide resident of the State of Nevada.

Ê The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall, except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.

If a veteran or the surviving spouse of a veteran submits, as proof of disability, documentation that indicates a percentage of permanent service-connected disability for more than one permanent service-connected disability, the amount of the exemption must be based on the total of those combined percentages, not to exceed 100 percent.
If a tax exemption is allowed under this section to a person who qualifies for the exemption:

(a) As a veteran with a permanent service-connected disability, that person is not entitled to an exemption under

NRS 361.090 .

(b) Solely as the surviving spouse of a veteran with a permanent service-connected disability, the allowance of a tax exemption under this section does not affect the eligibility of that person for an exemption under NRS 361.090 .

If any person files a false affidavit or produces false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.
Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsection 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the consumer price inflation index from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.
For the purposes of this section, consumer price inflation index means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department.

(Added to NRS by 1973, 226 ; A 1975, 70 ; 1977, 1032 ; 1981, 1565 ; 1983, 472 ; 1985, 860 ; 1987, 813 ; 1989, 715 ; 1991, 2092 ; 1993, 89 ; 1995, 1087 ; 2001, 1525 , 1526 ;

2003, 2754 , 2756 ;

2005, 585 , 2652 ;

2007, 1879 ; 2011, 3517 ; 2013, 2510 ; 2015, 3924 )

NRS 361.275

NRS

361.275

Liability of county assessor for taxes not assessed through willful or inexcusable neglect; duties of county auditor and county treasurer regarding property not assessed.

The county assessor and his or her sureties shall be, and they hereby are, made liable for the taxes on all taxable property, within the county required to be assessed by the county assessor, which is not assessed through the county assessors willful or inexcusable neglect. Proof of the nonassessment of any taxable property within the county shall be deemed prima facie evidence of such neglect.
The county auditor and the county treasurer shall inform the district attorney of the county of the nature and value of all property not assessed, naming the owner or owners thereof whenever they or either of them shall know or have good reason to believe any property within the county has not been assessed according to law.

[Part 6:344:1953]

NRS 361.280

NRS

361.280

District attorney to report unassessed property to county commissioners; hearing; action against county assessor; levy of double amount of taxes against person refusing to give statement.

On or before January 15 of each year, the district attorney shall report in writing to the board of county commissioners of the county all taxable real and personal property in the county unassessed. At that time the county assessor of such county may appear and, by testimony under oath or by other sworn proof, explain to the board the reason for such nonassessment.
If, after hearing such proofs, the board shall be satisfied that such nonassessment was excusable in the county assessor, the board shall cause an order to that effect to be entered upon its minutes. If the board shall be satisfied that any nonassessment was not excusable, then the board shall cause an order to that effect to be entered on its minutes, and the district attorney shall demand of the county assessor all the state and county taxes due and payable upon such property for the preceding year. If the same shall not be paid by the county assessor within 10 days from such demand, then the district attorney forthwith shall commence an action in a court of competent jurisdiction against the county assessor and his or her sureties for the collection, in one suit, of all sums payable by the county assessor.
If it can be proven that any nonassessment was caused by the refusal of the owner, agent or claimant of such property, or of the person or persons having it in possession or under their control or charge, to give a list of it to the county assessor, the county assessor shall not be liable; but the person or persons whose refusal to give the county assessor such list (and whose duty it was under the law to give such list) caused the omission shall pay double the amount of the taxes that would have been imposed upon the property had it been assessed.

[Part 6:344:1953]

NRS 361.355

NRS

361.355

Complaints of overvaluation or excessive valuation by reason of undervaluation or nonassessment of other property.

Any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its real or secured personal property in the State, whether assessed by the Nevada Tax Commission or by the county assessor or assessors, by reason of undervaluation for taxation purposes of the property of any other person, firm, company, association or corporation within any county of the State or by reason of any such property not being so assessed, shall appear before the county board of equalization of the county or counties where the undervalued or nonassessed property is located and make complaint concerning it and submit proof thereon. The complaint and proof must show the name of the owner or owners, the location, the description, and the taxable value of the property claimed to be undervalued or nonassessed.
Any person, firm, company, association or corporation wishing to protest the valuation of real or personal property placed on the unsecured tax roll which is assessed between May 1 and December 15 may appeal the assessment on or before the following January 15, or the first business day following January 15 if it falls on a Saturday, Sunday or holiday, to the county board of equalization.
The county board of equalization forthwith shall examine the proof and all data and evidence submitted by the complainant, together with any evidence submitted thereon by the county assessor or any other person. If the county board of equalization determines that the complainant has just cause for making the complaint it shall immediately make such increase in valuation of the property complained of as conforms to its taxable value, or cause the property to be placed on the assessment roll at its taxable value, as the case may be, and make proper equalization thereof.
Except as provided in subsection 5 and NRS 361.403 , any such person, firm, company, association or corporation who fails to make a complaint and submit proof to the county board of equalization of each county wherein it is claimed property is undervalued or nonassessed as provided in this section, is not entitled to file a complaint with, or offer proof concerning that undervalued or nonassessed property to, the State Board of Equalization.
If the fact that there is such undervalued or nonassessed property in any county has become known to the complainant after the final adjournment of the county board of equalization of that county for that year, the complainant may file the complaint on or before March 10 with the State Board of Equalization and submit his or her proof as provided in this section at a session of the State Board of Equalization, upon complainant proving to the satisfaction of the State Board of Equalization he or she had no knowledge of the undervalued or nonassessed property before the final adjournment of the county board of equalization. If March 10 falls on a Saturday, Sunday or legal holiday, the complaint may be filed on the next business day. The State Board of Equalization shall proceed in the matter in the same manner as provided in this section for a county board of equalization in such a case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.

[Part 4:177:1917; A 1929, 341 ; 1939, 279 ; 1953, 576 ] + [19:344:1953]—(NRS A 1975, 1664 ; 1977, 1319 ; 1981, 797 ; 1983, 684 ; 1985, 1435 ; 1993, 93 ; 2003, 2765 )

NRS 361.385

NRS

361.385

Public sessions; persons may appear by attorney or file statements.

All sessions shall be public and any person is entitled to appear in person or by his or her agent or attorney. Evidence may be submitted, except as otherwise provided in this chapter. In lieu of an appearance, the person may file with the State Board of Equalization a written statement containing his or her claim and any evidence thereon with respect to the valuation of his or her property or the property of others.
Nothing contained in this section relieves such claimant or any board, commission or officer from complying with all the requirements of law relative to the manner and form of appealing from the action of county boards of equalization, and submitting such proof as may be required by the State Board of Equalization.

[Part 4:177:1917; A 1929, 341 ; 1939, 279 ; 1953, 576 ]—(NRS A 1975, 1667 )

NRS 361.395

NRS

361.395

Equalization of property values and review of tax rolls by State Board of Equalization; notice of proposed increase in valuation.

During the annual session of the State Board of Equalization beginning on the fourth Monday in March of each year, the State Board of Equalization shall:

(a) Equalize property valuations in the State.

(b) Review the tax rolls of the various counties as corrected by the county boards of equalization thereof and raise or lower, equalizing and establishing the taxable value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the Nevada Tax Commission, of any class or piece of property in whole or in part in any county, including those classes of property enumerated in NRS 361.320 .

If the State Board of Equalization proposes to increase the valuation of any property on the assessment roll:

(a) Pursuant to paragraph (b) of subsection 1, it shall give 30 days notice to interested persons by first-class mail.

(b) In a proceeding to resolve an appeal or other complaint before the Board pursuant to NRS 361.360 , 361.400 , 361.402 or 361.403 , it shall give 10 days notice to interested persons by registered or certified mail or by personal service.

Ê A notice provided pursuant to this subsection must state the time when and place where the person may appear and submit proof concerning the valuation of the property. A person waives the notice requirement if he or she personally appears before the Board and is notified of the proposed increase in valuation.

[Part 4:177:1917; A 1929, 341 ; 1939, 279 ; 1953, 576 ] + [Part 6:177:1917; A 1929, 341 ; 1933, 248 ; 1939, 279 ; 1943, 81 ; 1953, 576 ]—(NRS A 1977, 605 ; 1981, 799 ; 1983, 1196 ; 1987, 294 ; 1993, 96 ; 2013, 2897 ; 2015, 1085 )

NRS 361.410

NRS

361.410

Judicial review: Availability and restrictions; prosecution and defense; burden of proof.

No taxpayer may be deprived of any remedy or redress in a court of law relating to the payment of taxes, but all such actions must be for redress from the findings of the State Board of Equalization, and no action may be instituted upon the act of a county assessor or of a county board of equalization or the Nevada Tax Commission until the State Board of Equalization has denied complainant relief. This subsection must not be construed to prevent a proceeding in mandamus to compel the placing of nonassessed property on the assessment roll.
The Nevada Tax Commission or the Department, in that name and in proper cases, may sue and be sued, and the Attorney General shall prosecute and defend all such cases, but the burden of proof is upon the complainant to show by clear and satisfactory evidence that any valuation established by the Nevada Tax Commission or the Department or equalized by the State Board of Equalization is unjust and inequitable.
The Executive Director or any other employee or representative of the Department shall not seek judicial review of a decision made by the Nevada Tax Commission or the State Board of Equalization, except in those cases where the State Board of Equalization has original jurisdiction.

[10:177:1917; A 1933, 128 ; 1939, 279 ; 1931 NCL § 6551]—(NRS A 1975, 1668 ; 1997, 2597 )

NRS 361.430

NRS

361.430

Burden of proof on plaintiff in action brought under

NRS 361.420

In every action brought under the provisions of NRS 361.420 , the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that any valuation established by the Nevada Tax Commission or the county assessor or equalized by the county board of equalization or the State Board of Equalization is unjust and inequitable.

[Part 11:177:1917; A 1933, 128 ; 1953, 576 ]—(NRS A 1975, 1670 ; 1977, 1052 )

NRS 361.555

NRS

361.555

Actions against county auditor for losses sustained by State and county through defalcation of county assessor.

The county auditor shall be liable on his or her official bond for double the amount of the loss that the State and county may sustain through the defalcation of the county assessor, or otherwise, in cases where the county auditor has not notified the district attorney of the neglect or refusal of the county assessor to make his or her monthly statement, under oath, of collection of the tax on movable personal property as required by law.
The State Controller shall have direction and control of all suits brought against the county auditor under this section. A copy of the statement of amount lost by the State and county, made out and certified by the State Controller, shall be sufficient evidence to support an action in any court of competent jurisdiction for the amount of such loss without proof of the signature or official character of the State Controller, subject, however, to the right of the defendant to plead and give in evidence, as in other actions, all such matters as shall be legal and proper for his or her defense or discharge.
One-half of all moneys recovered under such suit against the county auditor shall go into the General Fund of the State and one-half shall go into the general fund of the county.

[67:344:1953]—(NRS A 1969, 148 )

NRS 361.797

NRS

361.797

Allowance for taxes on property admitted to state program for preservation of railroad lines on which service has been discontinued.

As used in this section:

(a) Program means the state program established by NRS 705.425 for the physical preservation, in place, of property of certain lines of railroad while service on such lines is discontinued.

(b) Property means the trackage and other operating rail properties of a line of railroad.

(c) Taxes accrued means the taxes (exclusive of special assessments, delinquent taxes and interest) levied on the property of a line of railroad which are due and payable during July, immediately succeeding the date on which the owner of the property files a claim for an allowance under this section.

The owner of property which is placed upon the tax roll and has been admitted to the program by the Department of Transportation is entitled to an allowance equal to the taxes accrued against such property.
A claim for an allowance under the program may be filed with the assessor of the county in which the claimants property is located between January 15 and April 30, inclusive. The claim must be made under oath or affirmation and filed in such form and content and accompanied by such proof as the Department may prescribe. The county assessor shall furnish the appropriate form to each claimant.
The county assessor shall, within 10 days after receiving a claim, determine the assessed valuation of the property to which the claim applies and submit the claim to the Department. The Department shall examine the claim and may obtain from the Department of Transportation any information necessary to verify whether the line of railroad which is the subject of the claim has been admitted to the program, and if so, the date of admission and the identification of the owner of the line.
The Department shall grant or deny each claim and shall notify both the claimant and the county assessor of its decision not later than June 30.
If the claim is granted, the county assessor immediately shall notify the auditor and ex officio tax receiver of the county, who shall make such adjustments with respect to the tax roll and the claimants tax bill as are necessary to carry into effect the allowance granted to the claimant.
The ex officio tax receiver of the county shall send to the Department a statement showing the allowances granted pursuant to this section. Upon verification and audit of the allowances, the Department shall authorize reimbursement to the county by the State from money appropriated for that purpose.
The Department shall adopt such regulations as are necessary to carry out the provisions of this section.
Any person who willfully makes a materially false statement on a claim filed under this section or produces false proof, and as a result of such false statement or false proof an allowance is granted to a person not entitled to the allowance, is guilty of a gross misdemeanor.

(Added to NRS by 1979, 563 )

ALLODIAL TITLE

NRS 361.900

NRS

361.900

Application for establishment; calculation of payment required; issuance of certificate; agreement for installment payments.

A person who owns and occupies a single-family dwelling, its appurtenances and the land on which it is located, free and clear of all encumbrances, except any unpaid assessment for a public improvement, may, not later than June 13, 2005, apply to the county assessor to establish allodial title to the dwelling, its appurtenances and the land on which it is located. One or more persons who own such a home in any form of joint ownership may, not later than June 13, 2005, apply for the allodial title jointly if the dwelling is occupied by each person included in the application. The application must be made on a form prescribed by the State Treasurer. The county assessor may require that the application be accompanied by a nonrefundable processing fee of not more than $25. If collected, the fee must be deposited in the county general fund and used to pay any expenses incurred by the county in carrying out the provisions of NRS 361.900 to 361.920 , inclusive.
Upon receipt of an application made pursuant to subsection 1, the county assessor shall transmit the application to the State Treasurer. The county assessor shall transmit with the application any additional information required by the State Treasurer.
Upon receipt of an application from a county assessor, the State Treasurer shall determine the amount of money that would be required to be paid by the owner of the property to establish allodial title to the property using a tax rate of $5 for each $100 of assessed valuation on the date of the application. The amount must be separately calculated to produce an alternative for payment in a lump sum and an alternative for the payment of installments over a payment period of not more than 10 years. The amounts must be calculated to the best ability of the State Treasurer so that the money paid plus the interest or other income earned on that money will be adequate to pay all future tax liability of the property for a period equal to the life expectancy of the youngest titleholder of the property. The State Treasurer shall make a written record of the calculations upon which the amount was determined. The record must include an annual projection of the estimated interest and income that will be earned on the money.
Upon completion of the calculations required by subsection 3, the State Treasurer shall notify the requester of the two amounts.
If the homeowner pays the lump sum indicated by the State Treasurer pursuant to subsection 4 and submits proof satisfactory to the State Treasurer that the home is a single-family dwelling occupied by the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the State Treasurer shall issue a certificate of allodial title to the homeowner for the home, its appurtenances and the land on which it is located that is described in the deed for that property.
If the homeowner notifies the State Treasurer that the homeowner wishes to enter into an agreement with the State of Nevada to establish allodial title to his or her residence by installments, the State Treasurer shall execute such an agreement on behalf of the State of Nevada. The agreement must include a provision for rescission of the agreement by the homeowner at any time before the last payment is made and a guarantee, upon such a rescission, of a refund of the unused portion of the installment payments. The unused portion of the installment payments must be calculated by:

(a) Determining the total amount of all installment payments made before the date of the rescission plus the income and interest actually accrued on that money; and

(b) Subtracting from the amount determined pursuant to paragraph (a) a pro rata share of any expenses incurred by the State Treasurer that are directly and indirectly related to the investment of the money in the Allodial Title Trust Account and any costs directly and indirectly related to the administration of the allodial title program during the period for which the installment payments were made.

The homeowner shall pay the installments directly to the State Treasurer and shall continue to pay the current property taxes directly to the county during the period for which the installment payments are made.
Upon receipt of the last installment payment, which must reflect any increase or decrease in the assessed valuation of the property since the date of the application, and submission of proof satisfactory to the State Treasurer that the home is a single-family dwelling occupied by the homeowner and that the home, its appurtenances and the land on which it is located are owned free and clear of all encumbrances, except any unpaid assessment for a public improvement, the State Treasurer shall issue a certificate of allodial title to the homeowner for the home, its appurtenances and the land on which it is located that is described in the deed for that property.

(Added to NRS by 1997, 3407 ; A 2005, 1484 )

NRS 362.180

NRS

362.180

Burden of proof on taxpayer to show certification by Department to be unjust, improper or invalid.

In any suit arising concerning the certification and taxation of the net proceeds of minerals extracted, the burden of proof is upon the taxpayer to show if the taxpayer so alleges or contends that the certification by the Department is unjust, improper or otherwise invalid.

[Part 13:177:1917; 1919 RL p. 3202; NCL § 6554] + [6:77:1927; NCL § 6583]—(NRS A 1975, 1678 ; 1977, 1052 ; 1989, 40 ; 2013, 3133 )

NRS 365.380

NRS

365.380

Presentation of claim for refund; maintenance of certain records; limitation on refund of tax on motor vehicle fuel for off-highway use; Department may require claimant to become dealer.

A claimant for refund must present to the Department a refund claim form accompanied by the original invoices showing the purchase. The refund forms must state the total amount of fuel so purchased and used otherwise than for the propulsion of motor vehicles or jet or turbine-powered aircraft and the manner and the equipment in which the claimant has used the fuel.
A claimant for refund of tax on motor vehicle fuel or fuel for jet or turbine-powered aircraft purchased and exported from this State shall execute and furnish to the Department a certificate of exportation on such form as may be prescribed by the Department.
An invoice to qualify for refund must contain at least:

(a) The number of gallons of fuel purchased;

(b) The price per gallon;

(d) Such other information as may be prescribed by the Department.

The signature on the refund claim form subjects the claimant to the charge of perjury for false statements contained on the refund application.
Daily records must be maintained and preserved for a period of 4 years for audit purposes of all motor vehicle fuel and fuel for jet or turbine-powered aircraft used. The record must set forth:

(a) The piece of equipment being supplied with the fuel;

(b) The number of gallons of fuel used in each fill; and

Ê The motor vehicle fuel fills must be further classified according to whether the motor vehicle fuel was used on or off the highway.

If a motor vehicle with auxiliary equipment consumes motor vehicle fuel and there is no auxiliary motor or separate tank for the motor, a refund of 20 percent of the tax paid on the fuel used in the vehicle may be claimed without the necessity of furnishing proof of the amount of fuel consumed in the operation of the auxiliary equipment. The Department shall, by regulation, establish uniform refund provisions for the respective classes of users who claim refunds of more than 20 percent of the tax paid.
No person may be granted a refund of motor vehicle fuel taxes for off-highway use when the consumption takes place on highways constructed and maintained by public funds, on federal proprietary lands or reservations where the claimant has no ownership or control over the land or highways, except when the person is under a contractual relationship with the Federal Government or one of its agencies and is engaged in the performance of his or her duties pursuant to that relationship. Employment of a person by the Federal Government or any of its agencies does not constitute a contractual relationship for the purpose of this subsection.
If, in the opinion of the Department, it would be beneficial to the State for a refund claimant to become a licensed dealer or supplier, the claimant may, at the option of the Department, be required to become a licensed dealer or supplier rather than a refund claimant unless the claimant chooses to claim refunds at the tax rate, less 2 percent.

[Part 5:74:1935; A 1949, 500 ; 1951, 208 ; 1953, 326 ; 1955, 170 ]—(NRS A 1965, 1172 ; 1966, 70 ; 1975, 1696 ; 1983, 1020 ; 1999, 1014 ; 2003, 2908 )

NRS 366.265

NRS

366.265

Special fuel user: Display of identifying device; location of license or electronic device displaying license; fee for issuance of identifying device.

A special fuel user who is required to hold a special fuel users license pursuant to the provisions of this chapter shall:

(a) If the special fuel user uses special fuel in a motor vehicle that is operated or intended to operate interstate:

(1) Obtain an identifying device issued pursuant to:

(I) An agreement with the Department entered into pursuant to NRS 366.245 ; or

(II) A cooperative agreement entered into pursuant to NRS 366.175 ; and

(2) Conspicuously display that identifying device on the exterior of the motor vehicle in such location as is required pursuant to the cooperative agreement.

(b) At any time the special fuel user is using special fuel in this State, ensure that his or her license, a reproduction of the license that is authorized by the Department or an electronic device that displays the license in an electronic format that is authorized by the Department is located in the motor vehicle.

The Department may establish by regulation a fee for the issuance of the identifying device described in subsection 1, in an amount not to exceed the estimated administrative costs of issuing the device. If the Department establishes the fee and issues such a device to a special fuel user or provides such a device to the special fuel user under the terms of an agreement entered into pursuant to NRS 366.245 , it shall charge and collect the fee from the special fuel user.
If proof of licensure is provided by means of an electronic device:

(a) The person who presents the electronic device assumes all liability for any resulting damage to the electronic device; and

(b) The licensee may be held liable for other infractions indicated by the electronic image displaying evidence of licensure.

(Added to NRS by 1999, 1272 ; A 2013, 2567 ; 2019, 1574 )

NRS 369.489

NRS

369.489

Delivery of liquor to consumer in connection with retail sale; regulations.

Subject to such regulations as the Department may prescribe pursuant to subsection 2, a retail liquor store, or a delivery support service acting on behalf of a retail liquor store, may deliver liquor in its original package to a consumer in this State in connection with a retail sale of such liquor if:

(a) The retail liquor store purchased the liquor from a licensed wholesaler; and

(b) The delivery takes place in a jurisdiction in this State in which the retail liquor store is licensed to sell liquor at retail.

The Department shall adopt regulations governing deliveries made pursuant to this section, which must include, without limitation:

(a) A requirement for the retail liquor store or its delivery support service to obtain proof, in the form of a signature or other verification, that the delivery was accepted on behalf of the consumer by a person who is at least 21 years of age.

(b) A requirement that any such delivery originate only from the premises of the retail liquor store during the operating hours of the retail liquor store.

(c) Regulations prescribing the area in which such deliveries may be made, which must take into account relevant local jurisdictions and the marketing area of the wholesaler of any liquor to be delivered.

(d) Provisions necessary to encourage local governments to coordinate their ordinances with the regulations of the Department pursuant to this section to provide for more uniform implementation, supervision and enforcement of the regulations of the Department and the ordinances of local governments concerning such deliveries.

Except as otherwise provided in this section, the provisions of this chapter governing the transport of liquor, including, without limitation, the provisions which authorize the transport of liquor for delivery only by a person who holds a license issued under this chapter, do not apply to a delivery made pursuant to this section.
As used in this section, marketing area has the meaning ascribed to it in NRS 597.136 .

(Added to NRS by 2021, 1692 )

ENFORCEMENT AND PENALTIES

NRS 37.085

NRS

37.085

Hearing after defendants default: Determination of value and damages by court; judgment.

Where any defendant has failed to:

(a) Answer within the time allowed, and the clerk has entered the defendants default; or

(b) Appear at the time set for trial, whether such trial be before the court with or without a jury, and the court has directed that the defendants default be entered,

Ê the court shall proceed to conduct a hearing to determine the value of the property and any damages.

For the purpose of the hearing required by this section, the court may consider, by affidavit or otherwise:

(a) Proof of the value of the property taken;

(b) The damages, if any, which may result from the condemnation; and

(c) The amount, if any, alleged in the complaint to be just compensation, and shall enter such judgment as it deems proper.

(Added to NRS by 1965, 997 ; A 1967, 814 )

NRS 37.100

NRS

37.100

Plaintiff shall give property owner a copy of all appraisals before obtaining possession; motion by plaintiff for order permitting occupancy pending entry of judgment; notice; determination of public use at hearing; proof; bond or deposit in court; defendant may be restrained.

Before the plaintiff obtains possession of the property, the plaintiff shall give to the owner of the property a copy of all appraisals of the property obtained by the plaintiff.
The plaintiff may move the court or a judge thereof at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant if the defendant is a resident of the county or has appeared in the action, otherwise by serving a notice directed to the defendant on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee or property rights sought, according to its nature.
At the occupancy hearing, the court shall make a separate and distinct determination as to whether the property is being taken for a public use pursuant to NRS 37.010 , if the defendant requests such a determination.
If the defendant does not request a determination pursuant to subsection 3 or if the court determines that the property is being taken for a public use pursuant to NRS 37.010 , the court or judge shall take proof, by affidavit or otherwise, of the value of the premises sought to be condemned, the damages which will accrue from the condemnation and the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties.
If the motion is granted, the court or judge shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the value and damages may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages if the property is condemned, and to pay all damages arising from occupation before judgment if the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification.
In lieu of a bond the plaintiff, with the consent of the court, may deposit with the clerk of the court a sum equal to the value of the premises plus damages, as appraised by the plaintiff. Upon application of the defendant and upon notice to all parties, the court or judge may order the money deposited with the clerk of the court or any part thereof to be paid to the defendant. If the amount of the compensation awarded upon judgment is less than the sum deposited and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess. Application by the defendant to the court for withdrawal of part or all of the money deposited and the payment of that money to the defendant does not prejudice the right of the defendant to contest the amount of compensation to be finally awarded. The receipt by the defendant of a part or all of the money deposited must be conditioned upon the waiver of all defenses except those relating to the amount of compensation.
The amount of the penal bond or the deposit is for the purpose of the motion only and is not admissible in evidence on final hearing.
The court or judge may also restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement, fee or property rights.
The provisions of this section requiring the execution and filing of a bond do not apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada is hereby pledged as security in lieu of the bond. The provisions of this subsection do not prevent the State of Nevada from depositing, in lieu of a pledge of the public faith and credit, with the clerk of the court a sum equal to the value of the premises plus any damages as appraised by the State.

[1911 CPA § 673; A 1955, 284 ]—(NRS A 1957, 140 ; 1959, 596 ; 1960, 419 ; 1963, 307 ; 1967, 814 ; 1973, 151 ; 1989, 633 ; 2007, 334 )

NRS 370.280

NRS

370.280

Tax refunds; wholesale dealer required to return unused tribal stamps after ceasing operations.

Upon proof satisfactory to the Department, refunds shall be allowed for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed, upon cigarettes that are sold to:

(a) The United States Government for Army, Air Force, Navy or Marine Corps purposes and are shipped to a point within this State to a place which has been lawfully ceded to the United States Government for Army, Air Force, Navy or Marine Corps purposes;

(b) Veterans hospitals for distribution or sale to service personnel with disabilities or ex-service personnel with disabilities interned therein, but not to civilians or civilian employees;

(c) Any person if sold and delivered on an Indian reservation or colony where an excise tax has been imposed which is equal to or greater than the rate of the cigarette tax imposed under this chapter; or

(d) An Indian if sold and delivered on an Indian reservation or colony where no excise tax has been imposed or the excise tax is less than the rate of the cigarette tax imposed under this chapter.

Upon proof satisfactory to the Department, refunds shall be allowed to wholesale dealers for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed upon cigarettes destroyed because the cigarettes had become stale or damaged. Applications for refunds shall be submitted in an amount of not less than $15 and shall be accompanied by an affidavit of the applicant setting forth:

(a) The number of packages of cigarettes destroyed for which refund is claimed;

(b) The date or dates on which the wholesale dealer:

(1) Destroyed the cigarettes; or

(2) Sent the cigarettes to be destroyed;

(d) Other information which the Department may require.

Upon proof satisfactory to the Department, refunds may be allowed to licensed wholesale dealers for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed upon:

(a) The balance of unused stamps on the descending register of a cigarette meter machine destroyed by fire, if the cigarette meter counting positions can be determined by the manufacturer of the meter stamping machine;

(b) Cigarettes which were stamped on their carton covers because of stamping machine failure to open the carton and stamp the cigarette packs; or

(c) Cigarettes which were not stamped but were registered on the machine as being stamped because of failure of the meter counters.

A wholesale dealer who ceases operations in this State shall return the balance of all unused tribal stamps to the Department not later than 10 days after the wholesale dealer ceases operations in this State.
Any refund shall be paid as other claims against the State are paid.

[Part 14:192:1947; A 1949, 598 ; 1951, 124 ; 1953, 101 ]—(NRS A 1959, 371 ; 1960, 1 ; 1965, 301 ; 1973, 1008 ; 1975, 1719 ; 1977, 788 ; 2019, 629 )

NRS 370.374

NRS

370.374

Meeting lawful price of competitor.

A wholesale dealer may advertise, offer to sell or sell cigarettes at a price made in good faith to meet the lawful price of a competitor who is rendering the same type of service and is selling the same article at cost to him or her as a wholesale dealer.
The price of cigarettes advertised, offered for sale or sold under an exception specified in NRS 370.3735 or at a bankruptcy sale is not the price of a competitor for the purposes of this section.
In the absence of proof of the price of a competitor, the lowest cost to the wholesale dealer determined by a survey of costs that is made in accordance with recognized statistical and cost-accounting practices for a trade area shall be deemed the price of a competitor.

(Added to NRS by 1989, 1516 ; A 1993, 2475 )

NRS 370.490

NRS

370.490

Allowance of credits. [Effective through June 30, 2027.]

The Department shall allow a credit of the amount of the tax paid pursuant to NRS 370.450 , not including any amount of the tax retained by the wholesale dealer of other tobacco products to cover the costs of collecting and administering the tax, for other tobacco products that may no longer be sold. If the other tobacco products have been purchased and delivered, a credit memo of the manufacturer is required for proof of returned merchandise.
A credit must also be granted for any other tobacco products shipped from this State and destined for retail sale and consumption outside the State on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the State.
A wholesale dealer of other tobacco products may claim a credit by filing with the Department the proof required by this section. The claim must be made on a form prescribed by the Department.

(Added to NRS by 1983, 708 ; A 1989, 1597 ; 2001, 1597 ; 2003, 20th Special Session, 20 ; 2008, 25th Special Session, 19 ; 2009, 2097 ; 2015, 2498 ; 2019, 638 ; 2023, 3354 )

NRS

370.490

Allowance of credits. [Effective July 1, 2027.]

The Department shall allow a credit of 30 percent of the wholesale price, less a discount of 0.25 percent for the services rendered in collecting the tax, for other tobacco products on which the tax has been paid pursuant to NRS 370.450

and that may no longer be sold. If the other tobacco products have been purchased and delivered, a credit memo of the manufacturer is required for proof of returned merchandise.

A credit must also be granted for any other tobacco products shipped from this State and destined for retail sale and consumption outside the State on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the State.
A wholesale dealer of other tobacco products may claim a credit by filing with the Department the proof required by this section. The claim must be made on a form prescribed by the Department.

(Added to NRS by 1983, 708 ; A 1989, 1597 ; 2001, 1597 ; 2003, 20th Special Session, 20 ; 2008, 25th Special Session, 19 ; 2009, 2097 ; 2015, 2498 ; 2019, 638 ; 2023, 3354 , effective July 1, 2027)

NRS 370.503

NRS

370.503

Allowance of refund for certain taxes paid.

Upon proof satisfactory to the Department and subject to the requirements of NRS 360.236 , a refund must be allowed for the taxes paid pursuant to NRS 370.450 on other tobacco products that are sold to:

(a) The United States Government for the purposes of the Army, Air Force, Navy or Marine Corps and are shipped to a point within this State to a place which has been lawfully ceded to the United States Government for the purposes of the Army, Air Force, Navy or Marine Corps;

(b) Veterans hospitals for distribution or sale to service personnel with disabilities or ex-service personnel with disabilities interned therein, but not to civilians or civilian employees;

(c) Any person if sold and delivered on an Indian reservation or colony where an excise tax has been imposed which is equal to or greater than the rate of the tax imposed pursuant to NRS 370.501 ; or

(d) An Indian if sold and delivered on an Indian reservation or colony where no excise tax has been imposed or the excise tax is less than the rate of the tax imposed pursuant to NRS 370.501 .

Any refund must be paid as other claims against the State are paid.

(Added to NRS by 1991, 2280 ; A 2009, 66 ; 2015, 2499 )

OVERPAYMENTS AND REFUNDS OF TAXES

NRS 370.5048

NRS

370.5048

Action for recovery of erroneous refund: Jurisdiction; venue; prosecution.

The Department may recover any refund or part of it which is erroneously made and any credit or part of it which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark County in the name of the State of Nevada.
The action must be tried in Carson City or Clark County unless the court with the consent of the Attorney General orders a change of place of trial.
The Attorney General shall prosecute the action, and the provisions of NRS, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.

(Added to NRS by 2019, 623 )

NRS 370.680

NRS

370.680

Nonresident or foreign nonparticipating manufacturers and wholesale dealers: Agent for service of process.

Any nonresident or foreign nonparticipating manufacturer or wholesale dealer that has not registered to do business in the State as a foreign corporation or other business entity must, as a condition precedent:

(a) For a nonparticipating manufacturer, to having its brand families included or retained in the directory; or

(b) For a wholesale dealer, to selling cigarettes in this State,

Ê appoint and continually engage without interruption the services of an agent in this State to act as its agent for the service of process on whom all process, in any action or proceeding against it concerning or arising out of the enforcement of this chapter or chapter 370A of NRS, may be served in any manner authorized by law.

Service upon an agent pursuant to this section constitutes legal and valid service of process on the nonparticipating manufacturer or wholesale dealer. The nonparticipating manufacturer or wholesale dealer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the Attorney General and the Department.
A nonparticipating manufacturer or wholesale dealer shall provide notice to the Attorney General and the Department at least 30 calendar days before the termination of the authority of an agent appointed pursuant to this section and shall provide proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent not less than 5 calendar days before the termination of appointment of an existing agent. If an agent terminates his or her appointment as an agent, the nonparticipating manufacturer or wholesale dealer shall notify the Attorney General and the Department of that termination within 5 calendar days and include with that notification proof to the satisfaction of the Attorney General and the Department of the appointment of a new agent.
Any nonparticipating manufacturer or wholesale dealer which sells or purchases cigarettes in this State and which has not appointed and engaged an agent as required by this section shall be deemed to have appointed the Secretary of State as an agent and may be proceeded against in courts of this State by service of process upon the Secretary of State, except that the appointment of the Secretary of State as an agent does not satisfy the condition precedent for having the brand families of the nonparticipating manufacturer included or retained in the directory.

(Added to NRS by 2005, 377 ; A 2013, 2661 )

NRS 370.683

NRS

370.683

Liability of wholesale dealer for required escrow deposits; prepayment by nonparticipating manufacturer of amount of escrow deposit.

Except as otherwise provided in subsection 5:

(a) A wholesale dealer is liable for escrow deposits required pursuant to this chapter and chapter 370A of NRS if:

(1) The wholesale dealer receives notice from the Attorney General or the Department that there is a shortfall in a qualified escrow fund with respect to cigarettes of a nonparticipating manufacturer that were stamped or distributed by the wholesale dealer; and

(2) The shortfall is not cured by the wholesale dealer or nonparticipating manufacturer within 90 calendar days after the wholesale dealer receives that notice.

Ê The liability of the wholesale dealer for the escrow deposits must be calculated pursuant to paragraph (b).

(b) If there is a shortfall in the qualified escrow fund of a nonparticipating manufacturer for a calendar quarter, each wholesale dealer that sold or distributed cigarettes of that nonparticipating manufacturer during that calendar quarter shall deposit into an escrow account designated by the Attorney General an amount equal to the shortfall multiplied by a fraction, the numerator of which is the number of cigarettes of that nonparticipating manufacturer that were sold in or into this State by the wholesale dealer during that calendar quarter, and the denominator of which is the total number of cigarettes of that nonparticipating manufacturer that were sold or distributed by all wholesale dealers in or into this State during that calendar quarter. In making the calculation, any cigarettes of the nonparticipating manufacturer that were sold or distributed in or into this State by a wholesale dealer during the calendar quarter in which the wholesale dealer collected and deposited the required escrow deposit amount on or before the due date for deposits for that quarter must be excluded from both the numerator and the denominator of the fraction.

To the extent that a wholesale dealer makes any payment with respect to a shortfall pursuant to this section, the wholesale dealer has a claim against the nonparticipating manufacturer for the amount of the payment.
A wholesale dealer may require a nonparticipating manufacturer, as a condition of the agreement of the wholesale dealer to purchase the cigarettes of the nonparticipating manufacturer, to:

(a) Prepay the escrow deposit amount of the nonparticipating manufacturer into the escrow account designated in the certification of the nonparticipating manufacturer filed with the Attorney General pursuant to NRS 370.665 ; and

(b) Require the escrow agent to provide to the wholesale dealer and the Attorney General proof of that prepayment.

Upon the request of a wholesale dealer who requires a nonparticipating manufacturer to comply with the provisions of paragraphs (a) and (b) of subsection 3, the Attorney General shall provide to the wholesale dealer a written verification of whether the nonparticipating manufacturer has made the escrow deposits required from the nonparticipating manufacturer pursuant to this chapter and chapter 370A of NRS for a calendar quarter.
If a wholesale dealer requires a nonparticipating manufacturer to comply with the provisions of paragraph (a) of subsection 3 and receives a written verification from the Attorney General that the nonparticipating manufacturer has made the escrow deposits required from the nonparticipating manufacturer pursuant to this chapter and chapter 370A of NRS for a calendar quarter:

(a) The wholesale dealer is not liable for any of those escrow deposits required for that calendar quarter;

(b) The provisions of subsection 1 do not apply to the wholesale dealer with respect to any cigarettes of the nonparticipating manufacturer that were sold or distributed in or into this State during that calendar quarter; and

(c) The cigarettes of the nonparticipating manufacturer that were sold or distributed in or into this State by the wholesale dealer during that calendar quarter must be excluded entirely from the calculations required by subsection 1.

(Added to NRS by 2011, 929 )

NRS 370.685

NRS

370.685

Distributor required to maintain and submit records; sharing of information between Department and Attorney General; proof from nonparticipating manufacturer of qualified escrow fund; distributor and manufacturers required to provide additional information upon request.

Not later than the 25th day of each calendar month, and more frequently if so directed by the Department, each distributor shall submit such information as the Department requires to facilitate compliance with the provisions of this chapter and chapter 370A of NRS, including, without limitation, a list by brand family of the total number of cigarettes or, in the case of roll-your-own tobacco, the equivalent unit count, for which the distributor affixed stamps during the previous calendar month or otherwise paid the tax due for those cigarettes. The distributor shall maintain for at least 5 years, and make available to the Department, all invoices and documentation of sales of all cigarettes of nonparticipating manufacturers and any other information relied upon in reporting to the Department.
The Department may disclose to the Attorney General any information received pursuant to this chapter or chapter 370A of NRS and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of this chapter and chapter 370A

of NRS. The Department and Attorney General shall share with each other the information received pursuant to the provisions of this chapter and chapter 370A of NRS and may share such information with other federal, state or local agencies only for purposes of enforcement of those provisions or the corresponding laws of other states.

The Department or the Attorney General may require at any time from a nonparticipating manufacturer proof, from the financial institution in which that manufacturer has established a qualified escrow fund for the purpose of compliance with chapter 370A of NRS, of the amount of money in that fund, exclusive of interest, the amount and date of each deposit to that fund, and the amount and date of each withdrawal from that fund.
In addition to the information otherwise required to be submitted pursuant to this chapter and chapter 370A of NRS, the Department or the Attorney General may, at any time, require a distributor or manufacturer of tobacco products to submit any additional information or documentation as is necessary to determine whether a manufacturer of tobacco products is or will continue to be in compliance with the provisions of this chapter and chapter 370A of NRS.

(Added to NRS by 2005, 377 ; A 2013, 2662 ; 2017, 1004 ; 2019, 640 )

NRS 371.103

NRS

371.103

Exemption of vehicle registered by veteran; transfer of exemption to veterans current spouse.

Vehicles, to the extent of $2,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:

(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;

(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975;

(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or

(d) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the Government of the United States, regardless of the number of days served on active duty,

In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before an authorized employee of the Department or a notary public. If a veteran makes such a transfer:

(a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;

(b) The veteran is not entitled to the exemption for the duration of the transfer;

(1) The termination of the marriage;

(2) The death of the veteran; or

(3) The revocation of the transfer by the veteran as described in paragraph (d); and

(d) The veteran may, at any time, revoke the transfer of the exemption by filing with the Department in the county where the exemption is claimed an affidavit made before an authorized employee of the Department or a notary public.

For the purpose of this section, the first $2,000 determined valuation of vehicles in which a person described in subsection 1 or 2 has any interest shall be deemed to belong to that person.
Except as otherwise provided in subsection 5, a person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

(a) The renewal of the exemption; and

Ê to the person who claimed the exemption each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.

Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the Department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his or her behalf during the period of such service by any person having knowledge of the facts.
Before allowing any veterans exemption pursuant to the provisions of this chapter, the Department shall require proof of status of the veteran or, if a transfer has been made pursuant to subsection 2, proof of status of the veteran to whom the person claiming the exemption is married, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
If any person files a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, the person is guilty of a gross misdemeanor.
Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.

(Added to NRS by 1977, 1489 ; A 1987, 1528 ; 1989, 717 ; 1991, 1926 ; 1995, 2298 ; 1999, 2776 ; 2001, 1529 , 1530 ;

2003, 2774 , 2776 ;

2011, 2540 , 3527 ;

2013, 295 , 2513 )

NRS 371.104

NRS

371.104

Exemptions for veteran with a disability and surviving spouse; transfer of exemption to veterans current spouse.

A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to a veterans exemption from the payment of governmental services taxes on vehicles of the following determined valuations:

(a) If he or she has a disability of 100 percent, the first $20,000 of determined valuation.

(b) If he or she has a disability of 80 to 99 percent, inclusive, the first $15,000 of determined valuation.

In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before an authorized employee of the Department or a notary public. If a veteran makes such a transfer:

(a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;

(b) The veteran is not entitled to the exemption for the duration of the transfer;

(1) The termination of the marriage;

(2) The death of the veteran; or

(3) The revocation of the transfer by the

veteran as described in paragraph (d); and

For the purpose of this section, the first $20,000 of determined valuation of vehicles in which a person described in subsection 1 or 2 has any interest shall be deemed to belong entirely to that person.
A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county within this State. After the filing of the original affidavit of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

(a) The renewal of the exemption; and

Before allowing any exemption pursuant to the provisions of this section, the Department shall require proof of the veterans status, and for that purpose shall require production of:

(a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and

(b) Any one of the following:

(1) An honorable discharge;

(2) A certificate of satisfactory service; or

(3) A certified copy of either of these documents.

A surviving spouse claiming an exemption pursuant to this section must file with the Department in the county where the exemption is claimed an affidavit declaring that:

(a) The surviving spouse was married to and living with the veteran with a disability for the 5 years preceding his or her death;

(b) The veteran with a disability was eligible for the exemption at the time of his or her death or, if not for a transfer of the exemption pursuant to subsection 2, would have been eligible for the exemption at the time of his or her death; and

If a tax exemption is allowed under this section to a person who qualifies for the tax exemption:

(a) As a veteran or as the current spouse of a veteran who receives a transfer of an exemption pursuant to subsection 2, that person is not entitled to an exemption under NRS 371.103 .

If any person makes a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof the person is allowed a tax exemption to which he or she is not entitled, the person is guilty of a gross misdemeanor.
Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the consumer price inflation index from July 2003 to the July preceding the fiscal year for which the adjustment is calculated.
For the purposes of this section, consumer price inflation index means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index selected by the Department of Taxation pursuant to subsection 11 of NRS 361.091 .

(Added to NRS by 1977, 1490 ; A 1979, 1302 ; 1981, 1566 ; 1989, 718 ; 1995, 1089 ; 2001, 292 , 1532 ,

1533 ;

2003, 2778 , 2779 ;

2011, 2542 , 3529 ;

2013, 297 , 2515 ;

2015, 3928 )

NRS 371.140

NRS

371.140

Penalty for delinquency; proof of nonoperation; exceptions.

Except as otherwise provided in subsection 3 and NRS 482.209 and 482.482 , if the governmental services tax for a vehicle for the next period of registration is not paid before the expiration of the current period of registration for that vehicle, a penalty equal to 10 percent of the tax due, but not less than $6, plus the amount of the delinquent tax, must be added to the governmental services tax due for the next period of registration, unless the vehicle has not been operated on the highways since the expiration of the prior registration. The Department may retain any penalty so collected.
Evidence of the nonoperation of a vehicle must be made by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.
The provisions of this section do not apply to vehicles registered pursuant to NRS 706.841 .

(Added to NRS by 1963, 1120 ; A 1969, 491 ; 1981, 666 ; 1987, 1148 ; 1989, 1420 ; 2001, 294 ; 2011, 297 )

NRS 372.120

NRS

372.120

Display of tax separately from price.

The Department may by regulation provide that the amount collected by the retailer from the consumer in reimbursement of the tax be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sales check or other proof of sale.

(Added to NRS by 1979, 412 )

NRS 372.210

NRS

372.210

Tax must be displayed separately from price.

The tax required to be collected by the retailer from the purchaser must be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sales check or other proof of sales.

(Added to NRS by 1979, 414 )

NRS 372.715

NRS

372.715

Action to recover erroneous refund: Prosecution by Attorney General; applicable provisions.

The Attorney General shall prosecute the action, and the provisions of NRS, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.

(Added to NRS by 1979, 429 )

NRS 372.7243

NRS

372.7243

Applicability to retailer that is part of controlled group of entities with certain affiliates having physical presence in this State; construction of certain terms.

Except as otherwise provided in this section, it is presumed that the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a retailer if:

(a) The retailer is part of a controlled group of corporations that has a component member, other than a common carrier acting in its capacity as such, that has physical presence in this State; and

(b) The component member with physical presence in this State:

(1) Sells a similar line of products or services as the retailer and does so under a business name that is the same or similar to that of the retailer;

(2) Maintains an office, distribution facility, warehouse or storage place or similar place of business in this State to facilitate the delivery of tangible personal property sold by the retailer to the retailers customers;

(3) Uses trademarks, service marks or trade names in this State that are the same or substantially similar to those used by the retailer;

(4) Delivers, installs, assembles or performs maintenance services for the retailers customers within this State;

(5) Facilitates the retailers delivery of tangible personal property to customers in this State by allowing the retailers customers to pick up tangible personal property sold by the retailer at an office, distribution facility, warehouse, storage place or similar place of business maintained by the component member in this State; or

(6) Conducts any other activities in this State that are significantly associated with the retailers ability to establish and maintain a market in this State for the retailers products or services.

A retailer may rebut the presumption set forth in subsection 1 by providing proof satisfactory to the Department that, during the calendar year in question, the activities of the component member with physical presence in this State are not significantly associated with the retailers ability to establish or maintain a market in this State for the retailers products or services.
In administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.
As used in this section:

(a) Component member has the meaning ascribed to it in section 1563(b) of the Internal Revenue Code, 26 U.S.C. § 1563(b), and includes any entity that, notwithstanding its form of organization, bears the same ownership relationship to the retailer as a corporation that would qualify as a component member of the same controlled group of corporations as the retailer.

(b) Controlled group of corporations has the meaning ascribed to it in section 1563(a) of the Internal Revenue Code, 26 U.S.C. § 1563(a), and includes any entity that, notwithstanding its form of organization, bears the same ownership relationship to the retailer as a corporation that would qualify as a component member of the same controlled group of corporations as the retailer.

(Added to NRS by 2015, 1017 )

NRS 372.7247

NRS

372.7247

Applicability to retailers that enter into certain agreements with residents of this State for the referral of customers through Internet links; construction of certain terms.

Except as otherwise provided in this section, it is presumed that the provisions of this chapter relating to:

(a) The imposition, collection and remittance of the sales tax; and

(b) The collection and remittance of the use tax,

Ê apply to every retailer who enters into an agreement with a resident of this State under which the resident, for a commission or other consideration based upon the sale of tangible personal property by the retailer, directly or indirectly refers potential customers, whether by a link on an Internet website or otherwise, to the retailer, if the cumulative gross receipts from sales by the retailer to customers in this State who are referred to the retailer by all residents with this type of an agreement with the retailer is in excess of $10,000 during the preceding four quarterly periods ending on the last day of March, June, September and December.

A retailer may rebut the presumption set forth in subsection 1 by providing proof satisfactory to the Department that each resident with whom the retailer has an agreement did not engage in any activity in this State that was significantly associated with the retailers ability to establish or maintain a market in this State for the retailers products or services during the preceding four quarterly periods ending on the last day of March, June, September and December. Such proof may consist of the sworn written statements of each resident with whom the retailer has an agreement stating that the resident did not engage in any solicitation in this State on behalf of the retailer during the preceding four quarterly periods ending on the last day of March, June, September and December, if the statements were obtained from each resident and provided to the Department in good faith.
In administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.

(Added to NRS by 2015, 1018 )

NRS 372.7263

NRS

372.7263

Application of exemption for sale of personal property for shipment outside State to certain sales of motor vehicles, farm machinery and equipment and vessels.

In administering the provisions of NRS 372.335 , the Department shall apply the exemption for the sale of tangible personal property delivered by the vendor to a forwarding agent for shipment out of State to include:

The sale of a vehicle to a nonresident to whom a special movement permit has been issued by the Department of Motor Vehicles pursuant to subsection 1 of NRS 482.3955 ;
The sale of farm machinery and equipment, as defined in NRS 372.281 , to a nonresident who submits proof to the vendor that the farm machinery and equipment will be delivered out of State not later than 15 days after the sale; and
The sale of a vessel to a nonresident who submits proof to the vendor that the vessel will be delivered out of State not later than 15 days after the sale.

(Added to NRS by 1997, 180 ; A 2001, 823 , 2601 ;

2003, 2368 , 2821 ;

2005, 2485 , 2486 )

NRS 372.729

NRS

372.729

Taxation of photographers: Furnishing of proofs considered to be rendition of service.

In administering the provisions of this chapter, the Department shall not consider the furnishing of one or more proofs by a photographer to a customer as a sale of tangible personal property but rather as part of the rendition of the photographers service, whether or not a separate charge is made for furnishing the proof.

(Added to NRS by 1999, 1262 )

NRS 372.752

NRS

372.752

Relief from liability for payment of tax attributable to retail sales facilitated by marketplace facilitator.

In administering the provisions of this chapter, the Department shall not hold a marketplace facilitator liable for the payment of any tax imposed by this chapter which is attributable to a retail sale made or facilitated on behalf of a marketplace seller who is not an affiliate of the marketplace facilitator if:

(a) The marketplace facilitator provides proof satisfactory to the Department that the marketplace facilitator has made a reasonable effort to obtain accurate information from the marketplace seller about the retail sale; and

(b) The failure to collect and remit the correct tax on the retail sale was due to incorrect information provided to the marketplace facilitator by the marketplace seller.

Except as otherwise provided in subsection 3, in administering the provisions of this chapter, the Department shall not hold a marketplace facilitator liable for the payment of any tax imposed by this chapter which is attributable to a retail sale made or facilitated on behalf of a marketplace seller who is not an affiliate of the marketplace facilitator if the marketplace facilitator provides proof satisfactory to the Department that:

(a) The retail sale was made before January 1, 2021;

(b) The retail sale was made through a marketplace of the marketplace facilitator; and

The relief from liability provided pursuant to subsection 2 for the 2019 and 2020 calendar year, respectively, shall not exceed 5 percent of the total sales and use tax owed for the calendar year on the cumulative gross receipts of the marketplace facilitator from retail sales made or facilitated by the marketplace facilitator for one or more marketplace sellers to customers in this State.
If a marketplace facilitator is relieved of liability for the collection and remittance of any amount of the sales tax or use tax pursuant to subsection 1, the marketplace seller or purchaser, as applicable, is liable for the payment of such uncollected, unpaid or unremitted tax.
To the extent that a marketplace facilitator is relieved of liability for the collection and remittance of any tax pursuant to subsections 2 and 3, the marketplace seller for whom the marketplace facilitator made or facilitated the retail sale giving rise to the tax is also relieved of such liability.
Nothing in this section shall be construed to relieve any person of liability for collecting but failing to remit to the Department any tax imposed by this chapter.

(Added to NRS by 2019, 3685 )

NRS 374.125

NRS

374.125

Display of tax separately from price.

(Added to NRS by 1967, 899 ; A 1975, 1725 )

NRS 374.215

NRS

374.215

Tax must be displayed separately from price.

The tax required to be collected by the retailer from the purchaser shall be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sales check or other proof of sales.

(Added to NRS by 1967, 902 )

NRS 374.715

NRS

374.715

District attorney to prosecute action for recovery of erroneous refund; applicability of NRS, N.R.C.P. and NRAP.

The district attorney of the county to which the refund is owed, on behalf of the county, shall prosecute the action, and the provisions of NRS and the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.

(Added to NRS by 1967, 918 )

NRS 374.7243

NRS

374.7243

Applicability to retailer that is part of controlled group of entities with certain affiliates having physical presence in this State; construction of certain terms.

Except as otherwise provided in this section, it is presumed that the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a retailer if:

(a) The retailer is part of a controlled group of corporations that has a component member, other than a common carrier acting in its capacity as such, that has physical presence in this State; and

(b) The component member with physical presence in this State:

(1) Sells a similar line of products or services as the retailer and does so under a business name that is the same or similar to that of the retailer;

(3) Uses trademarks, service marks or trade names in this State that are the same or substantially similar to those used by the retailer;

(4) Delivers, installs, assembles or performs maintenance services for the retailers customers within this State;

(6) Conducts any other activities in this State that are significantly associated with the retailers ability to establish and maintain a market in this State for the retailers products or services.

A retailer may rebut the presumption set forth in subsection 1 by providing proof satisfactory to the Department that, during the calendar year in question, the activities of the component member with physical presence in this State are not significantly associated with the retailers ability to establish or maintain a market in this State for the retailers products or services.
In administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.
As used in this section:

(Added to NRS by 2015, 1019 )

NRS 374.7247

NRS

374.7247

Applicability to retailers who enter into certain agreements with residents of this State for referral of customers through Internet links; construction of certain terms.

Except as otherwise provided in this section, it is presumed that the provisions of this chapter relating to:

(a) The imposition, collection and remittance of the sales tax; and

(b) The collection and remittance of the use tax,

A retailer may rebut the presumption set forth in subsection 1 by providing proof satisfactory to the Department that each resident with whom the retailer has an agreement did not engage in any activity in this State that was significantly associated with the retailers ability to establish or maintain a market in this State for the retailers products or services during the preceding four quarterly periods ending on the last day of March, June, September and December. Such proof may consist of the sworn written statements of each resident with whom the retailer has an agreement stating that the resident did not engage in any solicitation in this State on behalf of the retailer during the preceding four quarterly periods ending on the last day of March, June, September and December, if such statements were obtained from each resident and provided to the Department in good faith.
In administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.

(Added to NRS by 2015, 1020 )

NRS 374.7273

NRS

374.7273

Application of exemption for sale of personal property for shipment outside State to certain sales of motor vehicles, farm machinery and equipment and vessels.

In administering the provisions of NRS 374.340 , the Department shall apply the exemption for the sale of tangible personal property delivered by the vendor to a forwarding agent for shipment out of State to include:

The sale of a vehicle to a nonresident to whom a special movement permit has been issued by the Department of Motor Vehicles pursuant to subsection 1 of NRS 482.3955 ;
The sale of farm machinery and equipment, as defined in NRS 372.281 , to a nonresident who submits proof to the vendor that the farm machinery and equipment will be delivered out of State not later than 15 days after the sale; and
The sale of a vessel to a nonresident who submits proof to the vendor that the vessel will be delivered out of State not later than 15 days after the sale.

(Added to NRS by 1997, 181 ; A 2001, 825 , 2603 ;

2003, 2380 , 2822 ;

2005, 2490 )

NRS 374.732

NRS

374.732

Taxation of photographers: Furnishing of proofs considered to be rendition of service.

(Added to NRS by 1999, 1262 )

NRS 374.757

NRS

374.757

Relief from liability for payment of tax attributable to retail sales facilitated by a marketplace facilitator.

In administering the provisions of this chapter, the Department shall not hold a marketplace facilitator liable for the payment of any tax imposed by this chapter which is attributable to a retail sale made or facilitated on behalf of a marketplace seller who is not an affiliate of the marketplace facilitator if:

(b) The failure to collect and remit the correct tax on the retail sale was due to incorrect information provided to the marketplace facilitator by the marketplace seller.

Except as otherwise provided in subsection 3, in administering the provisions of this chapter, the Department shall not hold a marketplace facilitator liable for the payment of any tax imposed by this chapter which is attributable to a retail sale made or facilitated on behalf of a marketplace seller who is not an affiliate of the marketplace facilitator if the marketplace facilitator provides proof satisfactory to the Department that:

(a) The retail sale was made before January 1, 2021;

(b) The retail sale was made through a marketplace of the marketplace facilitator; and

The relief from liability provided pursuant to subsection 2 for the 2019 and 2020 calendar year, respectively, shall not exceed 5 percent of the total sales and use tax owed for the calendar year on the cumulative gross receipts of the marketplace facilitator from retail sales made or facilitated by the marketplace facilitator for one or more marketplace sellers to customers in this State.
If a marketplace facilitator is relieved of liability for the collection and remittance of any amount of the sales tax or use tax pursuant to subsection 1, the marketplace seller or purchaser, as applicable, is liable for the payment of such uncollected, unpaid or unremitted tax.
To the extent that a marketplace facilitator is relieved of liability for the collection and remittance of any tax pursuant to subsections 2 and 3, the marketplace seller for whom the marketplace facilitator made or facilitated the retail sale giving rise to the tax is also relieved of such liability.
Nothing in this section shall be construed to relieve any person of liability for collecting but failing to remit to the Department any tax imposed by this chapter.

(Added to NRS by 2019, 3691 )

NRS 375.170

NRS

375.170

Authority of county to bring action for collection; prosecution by district attorney; issuance of writ of attachment; effect of certificate of county recorder showing delinquency.

If a person is delinquent in the payment of any tax imposed by this chapter or has not paid the amount of a deficiency determination, the county may bring an action in a court of this state, a court of any other state or a court of the United States that has competent jurisdiction to collect the delinquent or deficient amount, penalties and interest. The action:

(a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to a hearing officer pursuant to NRS 375.320 .

(b) Must be brought not later than 4 years after the payment became delinquent or the determination became final.

The district attorney shall prosecute the action. The provisions of the Nevada Revised Statutes, Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.
In an action, a certificate by the county recorder showing the delinquency is prima facie evidence of:

(a) The determination of the tax or the amount of the tax;

(b) The delinquency of the amounts; and

(c) The compliance by the county recorder with all the procedures required by law relating to the computation and determination of the amounts.

(Added to NRS by 2001, 1590 ; A 2003, 3489 ; 2003, 20th Special Session, 176 ; 2011, 401 )

NRS 38.340

NRS

38.340

Duties of Division: Maintenance of list of mediators and arbitrators; establishment of explanatory document.

For the purposes of NRS 38.300 to 38.360 , inclusive, the Division shall establish and maintain:

A list of mediators and arbitrators who are available for mediation and arbitration of claims. The list must include mediators and arbitrators who, as determined by the Division, have received training and experience in mediation or arbitration and in the resolution of disputes concerning associations, including, without limitation, the interpretation, application and enforcement of covenants, conditions and restrictions pertaining to residential property and the articles of incorporation, bylaws, rules and regulations of an association. In establishing and maintaining the list, the Division may use lists of qualified persons maintained by any organization which provides mediation or arbitration services. Before including a mediator or arbitrator on a list established and maintained pursuant to this section, the Division may require the mediator or arbitrator to present proof satisfactory to the Division that the mediator or arbitrator has received the training and experience required for mediators or arbitrators pursuant to this section.
A document which contains a written explanation of the procedures for mediating and arbitrating claims and for a program pursuant to NRS 38.300 to 38.360 , inclusive.

(Added to NRS by 1995, 1419 ; A 2013, 2299 )

NRS 381.009

NRS

381.009

Acquisition or repatriation of abandoned property held by institution.

Any property held by an institution for 3 years or more, to which no person has made claim, shall be deemed to be abandoned and, except as otherwise provided in subsection 4, becomes the property of the Division if the Administrator complies with the provisions of subsection 2.
The Administrator shall cause to be published in at least one newspaper of general circulation in the county in which the institution is located at least once a week for 2 consecutive weeks a notice and listing of the property. The notice must contain:

(a) The name and last known address, if any, of the last known owner of the property;

(b) A description of the property; and

(c) A statement that if proof of a claim is not presented by the owner to the institution and if the owners right to receive the property is not established to the Administrators satisfaction within 60 days after the date of the second published notice, the property will be considered abandoned and become the property of the Division.

If no claim has been made to the property within 60 days after the date of the second published notice, title, including literary rights, to the property vests in the Division, free from all claims of the owner and of all persons claiming through or under the owner.
If property deemed to be abandoned pursuant to subsection 1 is native Indian human remains or another cultural item of an Indian tribe, the Administrator shall:

(a) Provide notice to and consult with each applicable Indian tribe in the manner provided by NRS 381.0066 ;

(b) Determine which Indian tribe has the closest cultural affiliation to the human remains or other cultural item, in the manner provided by NRS 381.0067 ; and

(c) Return the human remains or other cultural item to the closest culturally affiliated Indian tribe in the manner provided by the repatriation process adopted pursuant to NRS 381.0069 , if a request for repatriation is made.

To be deemed an object of cultural significance, an object must have ongoing historical, traditional or cultural importance central to an Indian tribe or culture itself, rather than property owned by a member of an Indian tribe, and which, therefore, cannot be alienated, appropriated or conveyed by any person, regardless of whether the person is a member of the Indian tribe. The object must have been considered inalienable by the Indian tribe at the time the object was separated from such group.
As used in this section:

(a) Cultural item means human remains, a funerary object, a sacred object or an object of cultural significance.

(b) Object of cultural significance means an object which meets the qualifications of subsection 5.

(c) Sacred object means a historic or prehistoric object that was or is needed by traditional religious leaders of an Indian tribe for the practice of the traditional religion of an Indian tribe.

(Added to NRS by 1985, 134 ; A 1993, 1587 ; 2001, 932 , 1648 ;

2017, 3538 )

PRESERVATION OF PREHISTORIC AND HISTORIC SITES

General Provisions

NRS 386.839

NRS

386.839

Agreement to lease school bus or vehicle belonging to school district for certain special events; requirements of agreement; requirements for use of leased school bus or vehicle; separate accounting required of amount above cost; use of money collected.

The board of trustees of a school district may, except as otherwise provided in subsections 5 and 6, authorize the school district to enter into a written agreement to lease school buses or vehicles belonging to the school district for special events that take place within the county in which the school district is located, provided that such an agreement will not interfere with or prevent the school district from furnishing transportation for pupils for the purposes described in NRS 386.790 and 386.815 .
If a school district enters into an agreement pursuant to this section, the agreement must include, without limitation, a provision requiring the lessee to:

(a) Provide a security deposit in an amount which is not less than 20 percent of the estimated total amount of the fee set forth in the agreement;

(b) Pay a fee in an amount which is not less than the total cost per mile for the use of a school bus or vehicle to the school district, as determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department, and any additional costs or expenses related to the use of the school bus or vehicle, including, without limitation, fuel, wear and tear, maintenance, appropriate staffing, administrative costs and an additional rental service fee;

(c) Indemnify and hold the school district harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto;

(d) Indemnify and hold the driver of a school bus or vehicle harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto incurred when acting in the scope of his or her employment;

(e) Accept responsibility for any damage to the school bus or vehicle while leased as determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;

(f) Provide proof that the school bus or vehicle leased will be operated by a person licensed under the laws of this State to operate the particular type of bus or vehicle leased;

(g) Provide proof of insurance which covers the school bus or vehicle while operated by the lessee up to an amount determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;

(h) Provide proof of a permit or other approval for the special event, if required by a governmental entity;

(i) Give preference to a driver of a school bus or vehicle who is employed by the school district before hiring another driver who is not employed by the school district; and

(j) Acknowledge that by entering into such an agreement, the lessee does not become an agent or employee of the school district and is not entitled to the limitation on damages set forth in NRS 41.032 to 41.038 , inclusive, for any act or failure to act by the lessee or an agent or employee of the lessee.

Except as otherwise provided in this subsection, whenever any school bus or vehicle belonging to a school district is leased, any lettering on the school bus or vehicle designating the vehicle as a school bus or vehicle must be covered and concealed, no signs or wording may be affixed to the school bus or vehicle and any system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle must not be used in the operation of the school bus or vehicle by the lessee except in the case of an emergency. A system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle may be used in the operation of a school bus or vehicle only during an emergency.
A school district shall separately account for any money collected as a result of an agreement to lease a school bus or vehicle which exceeds the actual cost to the school district and, except as otherwise provided in this subsection, such money may be used at the discretion of the school district. A school district may not use any money collected as a result of an agreement to lease a school bus or vehicle to:

(a) Settle or arbitrate disputes between a recognized organization representing employees of the school district and the school district, or to settle any negotiations; or

(b) Adjust the district-wide schedules of salaries and benefits of the employees of the school district.

A school district may not enter into an agreement pursuant to this section:

(a) For special events that take place outside the county in which the school district is located.

(b) If the school district determines that transportation by a commercial bus is reasonably available for a special event.

A school district may not lease during any period of time more than 8.5 percent of the total number of school buses and vehicles belonging to the school district.
For the purposes of this section, special event means an event or series of events that does not take place during the regular school day and is not an interscholastic contest, school festival or other activity properly a part of a school program.

(Added to NRS by 2017, 1560 , 2178 )

NRS 387.3335

NRS

387.3335

Application for grant; proof of emergency conditions; determinations by Department of Taxation and State Public Works Division; approval by State Board of Examiners; awards of grants.

The board of trustees of a school district may apply to the Director of the Office of Finance for a grant of money from the Fund created pursuant to NRS 387.333 on a form provided by the Director of the Office of Finance. The application must be accompanied by proof that the following emergency conditions exist within the school district:

(a) The combined ad valorem tax rate of the county is at the limit imposed by NRS 361.453 ; and

(b) At least:

(1) One building that is located on the grounds of a school within the school district has been condemned;

(2) One of the facilities that is located on the grounds of a school within the school district is unsuitable for use as a result of:

(I) Structural defects;

(II) Barriers to accessibility; or

(III) Hazards to life, health or safety, including, without limitation, environmental hazards and the operation of the facility in an unsafe manner; or

(3) One of the facilities that is located on the grounds of a school within the school district is in such a condition that the cost of renovating the facility would exceed 40 percent of the cost of constructing a new facility.

Upon receipt of an application submitted pursuant to subsection 1, the Director of the Office of Finance shall forward the application to the:

(a) Department of Taxation to determine whether or not:

(1) The application satisfies the showing of proof required pursuant to paragraph (a) of subsection 1; and

(2) The board of county commissioners in the county in which the school district is located has imposed a tax of more than one-eighth of 1 percent pursuant to NRS 377B.100 ;

(b) State Public Works Division of the Department of Administration to determine whether the application satisfies the showing of proof required pursuant to paragraph (b) of subsection 1; and

The Department of Taxation and the State Public Works Division shall submit written statements of their determinations pursuant to subsection 2 regarding an application to the Director of the Office of Finance. Upon receipt of such statements, the Director shall submit the application accompanied by the written statements from the Department of Taxation and State Public Works Division to the State Board of Examiners for approval.
The Director of the Office of Finance shall make grants from the Fund created pursuant to NRS 387.333 based upon the need of each school district whose application is approved by the State Board of Examiners.
The Director of the Office of Finance shall adopt regulations that prescribe the annual deadline for submission of an application to the Director of the Office of Finance by a school district that desires to receive a grant of money from the Fund.

(Added to NRS by 1999, 3218 ; A 2019, 1305 )

Fund to Assist Rural School Districts in Financing Capital Improvements

NRS 388.467

NRS

388.467

Burden of proof and burden of production on school district during certain due process hearings.

Whenever a due process hearing is held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability, and a school district is a party, the school district has the burden of proof and the burden of production.

(Added to NRS by 2011, 800 )—(Substituted in revision for NRS 388.507)

NRS 388.838

NRS

388.838

Submission of application to Department; conditions for approval; opportunity to correct deficiencies; requirement to develop plan.

The board of trustees of a school district or the governing body of a charter school or a university school for profoundly gifted pupils may submit an application to the Department to provide a program of distance education. In addition, a committee to form a charter school may submit an application to the Department to provide a program of distance education if the application to form the charter school submitted by the committee pursuant to NRS 388A.246

indicates that the charter school intends to provide a program of distance education.

An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the Department pursuant to NRS 388.834 or a program that is comprised of one or more courses contained in the model curriculum of the school district or charter school.
An application to provide a program of distance education must include:

(a) All the information prescribed by the State Board by regulation.

(b) Except as otherwise provided in this paragraph, proof satisfactory to the Department that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the Department pursuant to NRS 388.834 before submission of the application.

(c) A description of how the program will ensure access to technology for pupils and teachers or other school employees and communicate with pupils, their families and staff regarding the program of distance education.

Except as otherwise provided in this subsection, the Department shall approve an application submitted pursuant to this section if the application satisfies the requirements of NRS 388.820 to 388.874 , inclusive, and all other applicable statutes and regulations. The Department shall deny an application to provide a program of distance education submitted by a committee to form a charter school if the Department denies the application to form a charter school submitted by that committee. The Department shall provide written notice to the applicant of the Departments approval or denial of the application.
If the Department denies an application, the Department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The Department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of NRS 388.820 to 388.874 , inclusive, and all other applicable statutes and regulations.
The board of trustees of each school district and the governing body of each university school for profoundly gifted pupils that provides a program of distance education shall:

(a) Develop a plan for conducting a program of distance education.

(b) Present the plan for conducting a program of distance education to the public at a public meeting or, if the plan was developed by the governing body of a university school for profoundly gifted pupils, the sponsor of the university school at least 45 days before the first day of each school year.

(c) Provide a copy of the plan for conducting a program of distance education to the school community, parents and employees of the school district or university school for profoundly gifted pupils.

(d) On or before December 31 of each year, develop a plan to make technology available to all pupils and teachers or other school employees involved in a program of distance education. The plan must include, without limitation, an estimate of the cost to make technology available to the pupils and teachers or other school employees. The board of trustees of each school district and governing body of each university school for profoundly gifted pupils shall post the plan created pursuant to this paragraph on its Internet website.

(e) On or before August 1 of each year, implement the plan developed pursuant to paragraph (d).

The governing body of each charter school:

(a) Shall develop a plan for conducting a program of distance education for at least 10 school days in the event of an emergency that necessitates the closing of all public schools in this State.

(b) Present its plan for conducting a program of distance education to the sponsor of the charter school at least 45 days before the first day of each school year.

(c) May develop a plan for conducting a program of distance education outside of an emergency that necessitates the closing of all public schools in this State.

(d) If a plan for conducting a program of distance education is developed pursuant to paragraph (c), shall submit the plan as part of a written request for an amendment of the charter contract pursuant to NRS 388A.276 .

(e) Shall provide a copy of the plan for conducting a program of distance education to the school community, parents and employees of the charter school.

(f) Shall, on or before December 31 of each year, develop a plan to make technology available to all pupils and teachers involved in a program of distance education. The plan must include, without limitation, an estimate of the cost to make technology available to the pupils and teachers or other school employees. The governing body of each charter school shall post the plan created pursuant to this paragraph on its Internet website.

(Added to NRS by 2001, 3150 ; A 2005, 2414 ; 2021, 3517 )

Operation of Programs; Regulations

NRS 39.080

NRS

39.080

Rights of several parties may be determined; proof of title; consideration of rights of unknown parties.

The rights of the several parties, plaintiffs as well as defendants, may be put to issue, tried and determined by such action; and when a sale of the premises is necessary, the title shall be ascertained by proof to the satisfaction of the court, before the judgment of sale shall be made; and where service of the complaint has been made by publication, like proof shall be required of the right of the absent or unknown parties before such judgment is rendered; except that where there are several unknown persons having an interest in the property, their rights may be considered together in the action, and not as between themselves.

[1911 CPA § 592; RL § 5534; NCL § 9081]

NRS 39.110

NRS

39.110

Lienholders must be notified to appear before master.

The plaintiff shall cause a notice to be served a reasonable time previous to the day for appearance before the master appointed, as provided in NRS 39.100 , on each person having outstanding liens of record who is not a party to the action, to appear before the master at a specified time and place, to make proof, by the persons own affidavit or otherwise, of the true amount due or to become due, contingently or absolutely thereon. In case such person be absent, or the persons residence be unknown, service may be made by publication of notice to the persons agents, under the direction of the court, in such manner as may be proper. The report of the master thereon shall be made to the court, and shall be confirmed, modified or set aside and a new reference ordered, as the justice of the case may require.

[1911 CPA § 595; RL § 5537; NCL § 9084]

NRS 39.120

NRS

39.120

Court may order sale or partition.

If the evidence establishes to the satisfaction of the court that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners or if the owners consent, the court may order a sale thereof. Otherwise, upon the requisite proofs being made, it shall order a partition according to the respective rights of the parties, as ascertained by the court, and may appoint a master to partition the property. The court shall designate the portion of the property to remain undivided for the owners whose interests remain unknown, or are not ascertained.

[1911 CPA § 596; RL § 5538; NCL § 9085]—(NRS A 1985, 771 )

NRS 39.180

NRS

39.180

Guarantee: Contents; costs.

To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property to be partitioned pursuant to a report from a title company in which the title company certifies that it has issued a guarantee for the benefit of the plaintiff or the defendant, and which lists the names of:

(a) Each owner of record of the property to be partitioned; and

(b) Each holder of record of a security interest in the property to be partitioned, if the security interest was created by a mortgage or a deed of trust.

The cost of the guarantee, with interest thereon from the time the same is subject to the inspection of the respective parties to the action, must be allowed and taxed.
As used in this section, guarantee means a guarantee of the type filed with the Commissioner of Insurance pursuant to paragraph (e) of subsection 1 of NRS 692A.120 .

[1911 CPA § 602; RL § 5544; NCL § 9091]—(NRS A 2021, 1413 )

NRS 391.0347

NRS

391.0347

Additional requirements for renewal of license of certain teachers: Proof of completion of course in multicultural education; regulations.

Any licensed teacher who is initially licensed on or after July 1, 2019, except for a teacher who is licensed only as a substitute teacher, must submit with his or her first application for renewal of his or her license to teach proof of the completion of a course in multicultural education. If the licensed teacher is initially issued a nonrenewable license, he or she must submit such proof with his or her first application for a renewable license to teach.
The Commission shall adopt regulations:

(a) That prescribe the required contents of a course in multicultural education which must be completed pursuant to this section;

(b) That prescribe the number of credits which must be earned by a licensed teacher in a course in multicultural education;

(c) That establish standards for professional development training which may be used to satisfy any course work requirement prescribed pursuant to this section; and

(d) As otherwise necessary to carry out the requirements of this section.

(Added to NRS by 2015, 2073 ; A 2019, 1053 ; 2023, 3016 )

NRS 391.0349

NRS

391.0349

Additional requirements for the renewal of certain licenses: Proof of completion of continuing education; regulations.

Each school counselor and school psychologist shall complete continuing education as determined by the Commission.
The Commission shall adopt regulations establishing continuing education requirements for school counselors and school psychologists. The regulations must include, without limitation, the amount of continuing education a school counselor or school psychologist must complete pursuant to subsection 1.
Each school social worker shall complete continuing education as determined by the Board of Examiners for Social Workers.
The Board of Examiners for Social Workers shall adopt regulations establishing continuing education requirements for school social workers. The regulations must include, without limitation, the amount of continuing education a school social worker must complete pursuant to subsection 3.

(Added to NRS by 2021, 740 )

NRS 391.037

NRS

391.037

Regulations by Commission for approval of training offered by educational institutions to qualify person to be a teacher or administrator; satisfactory completion of course of study required of applicants for licensure; exception.

The Commission shall:

(a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions. The regulations prescribed pursuant to this paragraph must include, without limitation, training on how to identify a pupil who is at risk for dyslexia or related disorders.

(b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.

Except for an applicant who submits an application for the issuance of a license pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019

or 391B.010 , an applicant for a license as a teacher or administrator or to perform some other educational function must submit with his or her application, in the form prescribed by the Superintendent of Public Instruction, proof that the applicant has satisfactorily completed a course of study and training approved by the Commission pursuant to subsection 1.

(Added to NRS by 1987, 996 ; A 1993, 442 ; 2005, 93 , 1672 ;

2007, 504 ; 2011, 2626 , 3100 ;

2015, 2386 ; 2017, 2121 ; 2019, 1054 ; 2023, 696 )

NRS 392.033

NRS

392.033

Regulations prescribing requirements for promotion to high school; effect of failure to comply; evaluation of course of study or credits of pupil who transfers from junior high or middle school; placement on academic probation; enrollment of homeschooled children in high school.

The State Board shall adopt regulations which prescribe the courses of study required for promotion to high school, including, without limitation, English language arts, mathematics, science and social studies. The regulations may include the credits to be earned in each course.
Except as otherwise provided in subsection 4, the board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs of remedial study to complete the courses of study required for promotion to high school.
The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.
The board of trustees of each school district shall adopt a policy that allows a pupil who has not completed the courses of study or credits required for promotion to high school to be placed on academic probation and to enroll in high school. A pupil who is on academic probation pursuant to this subsection shall complete appropriate remediation in the subject areas that the pupil failed to pass. The policy must include the criteria for eligibility of a pupil to be placed on academic probation. A parent or guardian may elect not to place his or her child on academic probation but to remain in grade 8.
A homeschooled child who enrolls in a public high school shall, upon initial enrollment:

(a) Provide documentation sufficient to prove that the child has successfully completed the courses of study required for promotion to high school through an accredited program of homeschool study recognized by the board of trustees of the school district;

(b) Demonstrate proficiency in the courses of study required for promotion to high school through an examination prescribed by the board of trustees of the school district; or

(c) Provide other proof satisfactory to the board of trustees of the school district demonstrating competency in the courses of study required for promotion to high school.

(Added to NRS by 1997, 2488 ; A 2007, 1080 , 1964 ,

3035 ;

2015, 1843 , 2102 ;

2019, 3288 )

NRS 392.072

NRS

392.072

Participation of homeschooled children in programs of special education and related services; regulations.

The board of trustees of each school district shall provide programs of special education and related services for homeschooled children. The programs of special education and related services required by this section must be made available:

(a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.417 to 388.469 , inclusive, or NRS 388.5251 to 388.5267 , inclusive;

(b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and

(c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.

The programs of special education and related services required by subsection 1 may be offered at a public school or another location that is appropriate.
The board of trustees of a school district may, before providing programs of special education and related services to a homeschooled child pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.
The Department shall adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 1.
As used in this section, related services has the meaning ascribed to it in 20 U.S.C. § 1401.

[366:32:1956]—(NRS A 1999, 3316 ; 2003, 2961 ; 2005, 2825 ; 2007, 3035 ; 2015, 1844 ; 2019, 3289 )—(Substituted in revision for part of NRS 392.070)

NRS 392.074

NRS

392.074

Participation of private school children and homeschooled children in classes and extracurricular activities.

Except as otherwise provided in subsection 1 of NRS 392.072 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or a parent or legal guardian of a homeschooled child, the board of trustees of the school district in which the child resides shall authorize the child to participate in any classes and extracurricular activities, excluding sports, at a public school within the school district if:

(a) Space for the child in the class or extracurricular activity is available;

(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity; and

(c) If the child is a homeschooled child, a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070 .

Ê If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity. A homeschooled child must be allowed to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events, including sports, pursuant to subsection 3.

The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 1 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.
In addition to those interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS, a homeschooled child must be allowed to participate in interscholastic activities and events, including sports, if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070 . A homeschooled child who participates in interscholastic activities and events at a public school pursuant to this subsection must participate within the school district of the childs residence through the public school which the child is otherwise zoned to attend. Any rules or regulations that apply to pupils enrolled in public schools who participate in interscholastic activities and events, including sports, apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:

(a) Eligibility and qualifications for participation;

(b) Fees for participation;

(d) Transportation;

(e) Requirements of physical examination;

(f) Responsibilities of participants;

(g) Schedules of events;

(h) Safety and welfare of participants;

(i) Eligibility for awards, trophies and medals;

(j) Conduct of behavior and performance of participants; and

(k) Disciplinary procedures.

If a homeschooled child participates in interscholastic activities and events pursuant to subsection 3:

(a) No challenge may be brought by the Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or a private school, or any other entity or person claiming that an interscholastic activity or event is invalid because the homeschooled child is allowed to participate.

(b) Neither the school district nor a public school may prescribe any regulations, rules, policies, procedures or requirements governing the eligibility or participation of the homeschooled child that are more restrictive than the provisions governing the eligibility and participation of pupils enrolled in public schools.

The board of trustees of a school district:

(a) May, before authorizing a homeschooled child to participate in a class or extracurricular activity, excluding sports, pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

(b) Shall, before allowing a homeschooled child to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events pursuant to subsection 3, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

[366:32:1956]—(NRS A 1999, 3316 ; 2003, 2961 ; 2005, 2825 ; 2007, 3035 ; 2015, 1844 ; 2019, 3289 )—(Substituted in revision for part of NRS 392.070)

NRS 392.147

NRS

392.147

Hearing by advisory board; written or electronic agreement for participation of pupil in certain programs; reporting of pupil to attendance officer or law enforcement agency or referral for administrative sanctions under certain circumstances; appeal by parent; confidentiality of information.

If an advisory board to review school attendance receives a written or electronic referral of a pupil pursuant to NRS 392.146 , the advisory board shall set a date, time and place for a hearing. The pupil and the pupils parents or legal guardian shall attend the hearing held by the advisory board. The hearing must be closed to the public. The chair of an advisory board to review school attendance may request that subpoenas for a hearing conducted pursuant to this section be issued to:

(a) The parent or legal guardian of a pupil who has been referred to the advisory board or any other person that the advisory board considers necessary to the hearing.

(b) A pupil who has been referred to the advisory board.

If a pupil and the pupils parents or legal guardian do not attend the hearing, the chair of the advisory board shall:

(a) Report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149 ; or

(b) Refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148 .

If an advisory board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed through participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chair of the advisory board shall report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149 , or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148 . If the pupil agrees to participate in such programs and services, the advisory board, the pupil and the parents or legal guardian of the pupil shall enter into a written or electronic agreement that:

(a) Sets forth the findings of the advisory board;

(b) Sets forth the terms and conditions of the pupils participation in the programs and services designated by the advisory board; and

(c) Adequately informs the pupil and the pupils parents or legal guardian that if the pupil or his or her parents or legal guardian do not comply with the terms of the written or electronic agreement, the chair of the advisory board is legally obligated to report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149 , or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148 .

Ê The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forth in the written or electronic agreement.

The chair of an advisory board to review school attendance shall report a pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148 if:

(a) The pupil and the pupils parents or legal guardian fail to attend a hearing set by the advisory board pursuant to subsection 1;

(b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in programs and services available in the community;

(d) The pupil or the pupils parents or legal guardian violates the terms of the written or electronic agreement entered into pursuant to subsection 3.

If the chair of an advisory board makes a report to an attendance officer, a school police officer or the local law enforcement agency pursuant to subsection 4, the chair shall:

(a) Submit to the attendance officer, school police officer or law enforcement agency, as applicable, written or electronic documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

(b) Make recommendations to the attendance officer, school police officer or law enforcement agency, as applicable, regarding the appropriate disposition of the case.

If the chair of an advisory board refers a pupil for the imposition of administrative sanctions pursuant to subsection 4, the chair shall:

(a) Provide written or electronic documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

(b) Make recommendations regarding the appropriate disposition of the case.

If the parents or legal guardian of a pupil enter into a written or electronic agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written or electronic agreement. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.
The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or the pupils family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.

(Added to NRS by 1999, 3453 ; A 2013, 1700 , 2460 ;

2023, 1214 )

NRS 392.165

NRS

392.165

Documents required for permanent enrollment; name under which child must be enrolled; notification to local law enforcement agency for failure to furnish documents.

The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the childs identity and, if applicable, a copy of the childs records from the school the child most recently attended.
Except as otherwise provided in subsection 3, a child must be enrolled in a school under the childs name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.
A child who is in the custody of the agency which provides child welfare services, as defined in NRS 432B.030 , may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.
If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal, superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

(Added to NRS by 1985, 2168 ; A 1987, 212 ; 1993, 2691 ; 1997, 1874 ; 2001 Special Session, 21 )

NRS 392.215

NRS

392.215

False statement concerning age or attendance; false birth certificate or record of attendance; refusal to furnish documents; penalty.

Any parent, guardian or other person who, with intent to deceive under NRS 392.040 to 392.075 , inclusive, or 392.130 to 392.165 , inclusive:

Makes a false statement concerning the age or attendance at school;
Presents a false birth certificate or record of attendance at school; or
Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4 of NRS 392.165 ,

Ê of a child under 18 years of age who is under his or her control or charge, is guilty of a misdemeanor.

[371:32:1956]—(NRS A 1957, 304 ; 1967, 565 ; 1985, 2168 ; 1987, 213 ; 2007, 1085 , 2184 ;

2023, 1219 )

NRS 394.145

NRS

394.145

Documents required for permanent admission; name under which child must be admitted; failure or refusal to furnish accurate documents; penalty.

A private elementary or secondary school in this State shall not permanently admit any child until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the childs identity and, if applicable, a copy of the childs records from the school the child most recently attended.
Except as otherwise provided in subsection 3, a child must be admitted to a school under his or her name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the principal or other person in charge of that school to admit the child under a name other than the name which appears in the identifying document or records.
A child who is in the custody of the agency which provides child welfare services, as defined in NRS 432B.030 , may be admitted to a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.
If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally admitted, the principal or other person in charge of the school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.
Any parent, guardian or other person who, with intent to deceive under this section:

(a) Presents a false birth certificate or record of attendance at school; or

(b) Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4,

Ê of a child under 18 years of age who is under his or her control or charge, is guilty of a misdemeanor.

(Added to NRS by 1985, 2169 ; A 1987, 213 ; 1993, 2692 ; 2001 Special Session, 22 ; 2007, 1085 , 2184 )

NRS 394.211

NRS

394.211

Exemptions from Act; filing of exemption with State Board; inspection of exempt institution; written notice to parent of exemption.

The following persons and educational institutions are exempt from the provisions of the Private Elementary and Secondary Education Authorization Act:

(a) Institutions exclusively offering instruction at any level of postsecondary education.

(b) Institutions maintained by this State, another state or the District of Columbia or any political subdivisions thereof and supported by public funds.

(d) Elementary and secondary educational institutions operated by churches, religious organizations and faith-based ministries.

(e) Institutions licensed by the Commission.

(f) Institutions operated by or under the direct administrative supervision of the Federal Government.

(g) Natural persons who instruct pupils in their homes or in the pupils own homes, if this is not the only instruction those pupils receive.

(h) Fraternal or benevolent institutions offering instruction to their members or their immediate relatives, if the instruction is not operated for profit.

(i) Institutions offering instruction solely in avocational and recreational areas.

(j) Institutions or school systems in operation before July 1, 1975, as to courses of study approved by the Board pursuant to NRS 394.130 , but those institutions or school systems are not exempt as to substantial changes in their nature or purpose on or after that date. The official literature of an institution or school system describing the nature and purpose of the institution or school system as of June 30, 1975, is prima facie evidence of the nature and purpose on that date for the purposes of this chapter.

Each person or educational institution claiming an exemption pursuant to the provisions of subsection 1 must file with the Board the exemption upon forms provided by the Department or in a letter containing the required information and signed by the person claiming the exemption or the person in charge of the educational institution claiming the exemption. The exemption expires 2 years after the last day of the calendar month in which the filing is made. The filing of a renewal of the exemption must be made not less than 60 days before the exemption expires.
Upon receipt of an exemption or a renewal of an exemption, the Superintendent shall cause an inspection of the educational institution to ensure that the institution operates in accordance with the provisions of all laws, regulations and ordinances that are applicable to the educational institution, including, without limitation, those provisions relating to the health and safety of persons on the premises of the educational institution. In carrying out the requirements of this subsection, the Superintendent may accept a certificate of inspection conducted on an educational institution, or other proof of inspection satisfactory to the Superintendent, issued by an appropriate agency or political subdivision of this State responsible for the inspection of buildings to ensure compliance with the applicable provisions of laws, regulations and ordinances.
Before a child enrolls in an institution that is exempt pursuant to this section, the institution shall provide written notice to the parents or legal guardian of the child that the institution is exempt from the Private Elementary and Secondary Education Authorization Act.

(Added to NRS by 1975, 1500 ; A 1983, 1969 ; 1985, 992 ; 1989, 662 ; 2001, 1023 ; 2007, 190 )

NRS 394.245

NRS

394.245

Inspection of elementary and secondary educational institutions required.

The Superintendent shall cause an inspection of an elementary or secondary educational institution to be conducted upon receipt of an application for a license or for renewal of a license from that institution to ensure that the institution:

Operates in accordance with the provisions of all laws, regulations and ordinances relating to the health and safety of persons on the premises. In carrying out the requirements of this subsection, the Superintendent may accept a certificate of inspection conducted on an educational institution, or other proof of inspection satisfactory to the Superintendent, issued by an appropriate agency or political subdivision of this State responsible for the inspection of buildings to ensure compliance with the applicable provisions of laws, regulations and ordinances.
Maintains the records required by the regulations of the Board relating to administrators, supervisors, instructors and other educational personnel.
Has in force the insurance coverage required by the regulations of the Board. The institution shall provide to the person conducting the inspection an affidavit signed by the owner or administrator of the institution affirming that the insurance coverage for the institution is current.

(Added to NRS by 1991, 975 ; A 2007, 191 )

NRS 398.165

NRS

398.165

Proceedings: Record.

A record must be kept of all proceedings. The record must include:

All pleadings, motions and rulings;
All evidence received or considered;
All matters officially noticed;
Questions, offers of proof, objections and rulings thereon;
Findings of fact and exceptions thereto; and
The decision rendered in the proceeding.

(Added to NRS by 1991, 111 )

NRS 40.110

NRS

40.110

Court to hear case; must not enter judgment by default; effect of final judgment.

When the summons has been served as provided in NRS 40.100 and the time for answering has expired, the court shall proceed to hear the case as in other cases and shall have jurisdiction to examine into and determine the legality of plaintiffs title and of the title and claim of all the defendants and of all unknown persons, and to that end must not enter any judgment by default, but must in all cases require evidence of plaintiffs title and possession and receive such legal evidence as may be offered respecting the claims and title of any of the defendants and must thereafter direct judgment to be entered in accordance with the evidence and the law. The court, before proceeding to hear the case, must require proof to be made that the summons has been served and posted as hereinbefore directed and that the required notice of pendency of action has been filed.
The judgment after it has become final shall be conclusive against all the persons named in the summons and complaint who have been served personally, or by publication, and against all unknown persons as stated in the complaint and summons who have been served by publication, but shall not be conclusive against the State of Nevada or the United States. The judgment shall have the effect of a judgment in rem except as against the State of Nevada and the United States; and the judgment shall not bind or be conclusive against any person claiming any recorded estate, title, right, possession or lien in or to the property under the plaintiff or the plaintiffs predecessors in interest, which claim, lien, estate, title, right or possession has arisen or been created by the plaintiff or the plaintiffs predecessor in interest within 10 years prior to the filing of the complaint.

[1911 CPA § 582; RL § 5524; NCL § 9071]

NRS 40.251

NRS

40.251

Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession.

A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

(a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlords consent after the expiration of a notice of:

(1) For tenancies from week to week, at least 7 days;

(2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

(3) For tenancies at will, at least 5 days.

(b) A dwelling unit subject to the provisions of chapter 118A of NRS, the tenant continues in possession, in person or by subtenant, without the landlords consent after expiration of:

(1) The term of the rental agreement or its termination and, except as otherwise provided in subparagraph (2), the expiration of a notice of:

(I) At least 7 days for tenancies from week to week; and

(II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

(2) A notice of at least 5 days where the tenant has failed to perform the tenants basic or contractual obligations under chapter 118A of NRS.

(c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215 , the tenant continues in possession, in person or by subtenant, without the landlords consent:

(1) After notice has been given pursuant to NRS 118B.115 , 118B.170 or 118B.190 and the period of the notice has expired; or

(2) If the person is not a natural person and has received three notices for nonpayment of rent within a 12-month period, immediately upon failure to pay timely rent.

(d) A recreational vehicle lot, the tenant continues in possession, in person or by subtenant, without the landlords consent, after the expiration of a notice of at least 5 days.

Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenants age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.
Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1 is a federal worker, tribal worker, state worker or household member of such a worker, the tenant may request to be allowed to continue in possession during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends by submitting a written request for the extended period and providing proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during the shutdown.
Except as otherwise provided in NRS 118A.315 , a landlord who receives a request from a tenant pursuant to subsection 3 shall allow a tenant to continue in possession for the period requested.
Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsections 2, 3 and 4.
If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.

(Added to NRS by 1985, 226 ; A 1989, 1081 ; 1999, 3195 ; 2001, 1946 ; 2003, 2480 ; 2019, 3177 )

NRS 40.2512

NRS

40.2512

Unlawful detainer: Possession after default in payment of rent; exception.

Except as otherwise provided in subsection 2, a tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of:

(a) Five days for a commercial premises;

(b) Seven judicial days for real property other than a commercial premises; or

Ê after service thereof. The notice may be served at any time after the rent becomes due.

Except as otherwise provided in NRS 118A.315 , the provisions of subsection 1 do not apply to a person who provides to the landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

(Added to NRS by 1985, 226 ; A 2019, 3178 , 3912 ;

2020, 32nd Special Session, 5 )

NRS 40.253

NRS

40.253

Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.

Except as otherwise provided in subsection 12, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420 , inclusive, when the tenant of any dwelling, apartment, mobile home or recreational vehicle with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlords agent may cause to be served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:

(a) Before the close of business on the seventh judicial day following the day of service; or

(b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.

Ê As used in this subsection, day of service means the day the landlord or the landlords agent personally delivers the notice to the tenant. If personal service was not so delivered, the day of service means the day the notice is delivered, after posting and mailing pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon. If the request for service by the sheriff or constable is made after noon, the day of service shall be deemed to be the day next following the day that the request is made for service by the sheriff or constable.

A landlord or the landlords agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in subsection 2 of NRS 40.2542 . If the notice cannot be delivered in person, the landlord or the landlords agent:

(a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail; and

(b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280 . The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when the tenant took possession of the premises, that the landlord or the landlords agent informed the tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy. Upon acceptance, the sheriff or constable shall serve the notice within 48 hours after the request for service was made by the landlord or the landlords agent.

A notice served pursuant to subsection 1 or 2 must:

(a) Identify the court that has jurisdiction over the matter; and

(b) Advise the tenant:

(1) Of the tenants right to contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;

(2) That if the court determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order; and

(3) That, pursuant to NRS 118A.390 , a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenants entry upon the premises or willfully interrupts or causes or permits the interruption of an essential service required by the rental agreement or chapter 118A of NRS.

If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlords agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.
Upon noncompliance with the notice:

(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling, apartment, mobile home or recreational vehicle are located or to the district court of the county in which the dwelling, apartment, mobile home or recreational vehicle are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or constable of the county to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order. The affidavit must state or contain:

(1) The date the tenancy commenced.

(2) The amount of periodic rent reserved.

(3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first months rent, by the tenant.

(4) The date the rental payments became delinquent.

(5) The length of time the tenant has remained in possession without paying rent.

(6) The amount of rent claimed due and delinquent.

(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280 .

(8) A copy of the written notice served on the tenant.

(9) A copy of the signed written rental agreement, if any.

(b) Except when the tenant has timely filed the affidavit described in subsection 3 and a file-stamped copy of it has been received by the landlord or the landlords agent, and except when the landlord is prohibited pursuant to NRS 118A.480 , the landlord or the landlords agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to

NRS 40.290 to 40.420 , inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514 , the refusal by the court to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251 .

The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

(a) The tenant has vacated or been removed from the premises; and

(b) A copy of those charges has been requested by or provided to the tenant,

Ê whichever is later.

Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:

(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 and any accumulating daily costs; and

(b) Order the release of the tenants property upon the payment of the charges determined to be due or if no charges are determined to be due.

The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court on a form provided by the clerk of court to dispute the reasonableness of the actions of a landlord pursuant to subsection 3 of NRS 118A.460 . The motion must be filed within 5 days after the tenant has vacated or been removed from the premises. Upon the filing of a motion pursuant to this subsection, the court shall schedule a hearing on the motion. The hearing must be held within 5 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:

(a) Order the landlord to allow the retrieval of the tenants essential personal effects at the date and time and for a period necessary for the retrieval, as determined by the court; and

(b) Award damages in an amount not greater than $2,500.

In determining the amount of damages, if any, to be awarded under paragraph (b) of subsection 9, the court shall consider:

(a) Whether the landlord acted in good faith;

(b) The course of conduct between the landlord and the tenant; and

A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or the landlords agent has served or had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorneys fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security deposit. As used in this subsection, security deposit has the meaning ascribed to it in NRS 118A.240 .
Except as otherwise provided in NRS 118A.315 , this section does not apply to:

(a) The tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this State other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215 .

(b) A tenant who provides proof to the landlord that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

As used in this section, close of business means the close of business of the court that has jurisdiction over the matter.

(Added to NRS by 1967, 195 ; A 1969, 263 , 575 ;

1973, 1085 ; 1975, 1202 ; 1977, 418 , 1346 ;

1979, 1398 , 1879 ;

1985, 229 ; 1987, 1239 ; 1989, 1082 , 1232 ;

1991, 113 ; 1995, 1851 ; 1997, 3511 ; 1999, 981 ; 2009, 1966 ; 2011, 235 , 1489 ;

2013, 2941 ; 2019, 3179 , 3912 ;

2021, 405 )

NRS 40.2545

NRS

40.2545

Unlawful detainer: Sealing of eviction case court file under certain circumstances; notice to surrender must not be made available for public inspection.

If a court grants an action for summary eviction pursuant to NRS 40.253 during the COVID-19 emergency, the court shall automatically seal the eviction case court file.
In addition to the provisions for the automatic sealing of an eviction case court file pursuant to subsection 1, in any action for summary eviction pursuant to NRS 40.253 , 40.254 or 40.2542 , the eviction case court file is sealed automatically and not open to inspection:

(a) Upon the entry of a court order which dismisses the action for summary eviction;

(b) Ten judicial days after the entry of a court order which denies the action for summary eviction; or

(c) Thirty-one days after the tenant has filed an affidavit described in subsection 3 of NRS 40.253 or subsection 3 of NRS 40.2542 , if the landlord has failed to file an affidavit of complaint pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRS 40.2542 within 30 days after the tenant filed the affidavit.

In addition to the provisions for the automatic sealing of an eviction case court file pursuant to subsections 1 and 2, the court may order the sealing of an eviction case court file for an action for summary eviction pursuant to NRS 40.253 ,

40.254 or 40.2542 :

(a) Upon the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file; or

(b) Upon motion of the tenant and decision by the court if the court finds that:

(1) The eviction should be set aside pursuant to Rule 60 of the Justice Court Rules of Civil Procedure; or

(2) Sealing the eviction case court file is in the interests of justice and those interests are not outweighed by the publics interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:

(I) Circumstances beyond the control of the tenant that led to the eviction;

(II) Other extenuating circumstances under which the order of eviction was granted; and

(III) The amount of time that has elapsed between the granting of the order of eviction and the filing of the motion to seal the eviction case court file.

If the court orders the eviction case court file sealed pursuant to this section, all proceedings recounted in the eviction case court file shall be deemed never to have occurred.
Except as otherwise provided in this subsection, a notice to surrender must not be made available for public inspection by any person or governmental entity, including, without limitation, by a sheriff or constable. This subsection does not:

(a) Apply to a notice to surrender which has been filed with a court and which is part of an eviction case court file that has not been sealed pursuant to this section.

(b) Prohibit the service of a notice to surrender pursuant to NRS 40.280 , and such service of a notice to surrender shall be deemed not to constitute making the notice to surrender available for public inspection as described in this subsection.

As used in this section:

(a) COVID-19 emergency means the period of time:

(1) Beginning on March 12, 2020, the date on which the Governor issued the Declaration of Emergency for COVID-19; and

(2) Ending on the date on which the Governor terminates the emergency described in the Declaration [May 20, 2022].

(b) Eviction case court file means all records relating to an action for summary eviction which are maintained by the court, including, without limitation, the affidavit of complaint and any other pleadings, proof of service, findings of the court, any order made on motion as provided in Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure and local rules of practice and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.

(Added to NRS by 2017, 207 ; A 2019, 268 , 3916 ;

2021, 507 )

NRS 40.280

NRS

40.280

Service of notices to surrender; proof required before issuance of order to remove or writ of restitution.

Except as otherwise provided in NRS 40.253 and 40.2542 , the notices required by NRS 40.251 to 40.260 , inclusive, must be served by the sheriff, a constable, a person who is licensed as a process server pursuant to chapter 648 of NRS or the agent of an attorney licensed to practice in this State:

(a) By delivering a copy to the tenant personally.

(b) If the tenant is absent from the tenants place of residence or from the tenants usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at the tenants place of residence or place of business.

(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated.

The notices required by NRS 40.230 , 40.240 and 40.414 must be served upon an unlawful or unauthorized occupant:

(a) Except as otherwise provided in this paragraph and paragraph (b), by delivering a copy to the unlawful or unauthorized occupant personally, in the presence of a witness. If service is accomplished by the sheriff, constable or a person who is licensed as a process server pursuant to chapter 648 of NRS, the presence of a witness is not required.

(b) If the unlawful or unauthorized occupant is absent from the real property, by leaving a copy with a person of suitable age and discretion at the property and mailing a copy to the unlawful or unauthorized occupant at the place where the property is situated. If the occupant is unknown, the notice must be addressed to Current Occupant.

(c) If a person of suitable age or discretion cannot be found at the real property, by posting a copy in a conspicuous place on the property and mailing a copy to the unlawful or unauthorized occupant at the place where the property is situated. If the occupant is unknown, the notice must be addressed to Current Occupant.

Service upon a subtenant may be made in the same manner as provided in subsection 1.
Proof of service of any notice required by NRS 40.230 to 40.260 , inclusive, must be filed with the court before:

(a) An order for removal of a tenant is issued pursuant to NRS 40.253 or 40.254 ;

(b) An order for removal of an unlawful or unauthorized occupant is issued pursuant to NRS 40.414 ;

(d) An order for removal of a commercial tenant pursuant to NRS 40.2542 .

Proof of service of notice pursuant to NRS 40.230 to 40.260 , inclusive, that must be filed before the court may issue an order or writ filed pursuant to paragraph (a), (b) or (c) of subsection 4 must consist of:

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

(1) If the notice was served pursuant to subsection 1, a written statement, endorsed by the person who served the notice, stating the date and manner of service. The statement must also include the number of the badge or license of the person who served the notice. If the notice was served by the agent of an attorney licensed in this State, the statement must be accompanied by a declaration, signed by the attorney and bearing the license number of the attorney, stating that the attorney:

(I) Was retained by the landlord in an action pursuant to NRS 40.230 to 40.420 , inclusive;

(II) Reviewed the date and manner of service by the agent; and

(III) Believes to the best of his or her knowledge that such service complies with the requirements of this section.

(2) If the notice was served pursuant to paragraph (a) of subsection 2, an affidavit or declaration signed by the tenant or the unlawful or unauthorized occupant, as applicable, and a witness, signed under penalty of perjury by the server, acknowledging that the tenant or occupant received the notice on a specified date.

(3) If the notice was served pursuant to paragraph (b) or (c) of subsection 2, an affidavit or declaration signed under penalty of perjury by the person who served the notice, stating the date and manner of service and accompanied by a confirmation of delivery or certificate of mailing issued by the United States Postal Service or confirmation of actual delivery by a private postal service.

(b) For a short-term tenancy, if service of the notice was not delivered in person:

(1) A certificate of mailing issued by the United States Postal Service or by a private postal service to the landlord or the landlords agent; or

(2) The endorsement of a sheriff or constable stating the:

(I) Time and date the request for service was made by the landlord or the landlords agent;

(II) Time, date and manner of the service; and

(III) Fees paid for the service.

Proof of service of notice pursuant to NRS 40.230 to 40.260 , inclusive, that must be filed before the court may issue an order filed pursuant to paragraph (d) of subsection 4 must consist of:

(a) Except as otherwise provided in paragraphs (b) and (c):

(1) If the notice was served pursuant to subsection 2 of NRS 40.2542 , an affidavit or declaration signed by the tenant or the unlawful or unauthorized occupant, and a witness, as applicable, signed under penalty of perjury by the server, acknowledging that the tenant or occupant received the notice on a specified date.

(2) If the notice was served pursuant to paragraph (b) or (c) of subsection 1, an affidavit or declaration signed under penalty of perjury by the person who served the notice, stating the date and manner of service and accompanied by a confirmation of delivery or certificate of mailing issued by the United States Postal Service or confirmation of actual delivery by a private postal service.

(b) If the notice was served by a sheriff, a constable or a person who is licensed as a process server pursuant to chapter 648 of NRS, a written statement, endorsed by the person who served the notice, stating the date and manner of service. The statement must also include the number of the badge or license of the person who served the notice.

(1) A certificate of mailing issued by the United States Postal Service or by a private postal service to the landlord or the landlords agent; or

(2) The endorsement of a sheriff or constable stating the:

(I) Time and date the request for service was made by the landlord or the landlords agent;

(II) Time, date and manner of the service; and

(III) Fees paid for the service.

For the purpose of this section, an agent of an attorney licensed in this State shall only serve notice pursuant to subsection 1 if:

(a) The landlord has retained the attorney in an action pursuant to NRS 40.230 to 40.420 , inclusive; and

(b) The agent is acting at the direction and under the direct supervision of the attorney.

[1911 CPA § 649; RL § 5591; NCL § 9138]—(NRS A 1961, 413 ; 1967, 196 ; 1985, 231 , 1418 ;

1987, 701 ; 1995, 1854 ; 2007, 1287 ; 2009, 2786 ; 2015, 3123 ; 2019, 3919 )

NRS 40.320

NRS

40.320

Proof required of plaintiff and defendant on trial.

On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was peaceably in the actual possession at the time of the forcible entry, or was entitled to possession at the time of the forcible detainer.
The defendant may show in defense that the defendant or the defendants ancestors, or those whose interest in such premises the defendant claims, have been in the quiet possession thereof for the space of 1 whole year together next before the commencement of the proceedings, and that the defendants interest therein is not then ended or determined, and such showing is a bar to the proceedings.

[1911 CPA § 653; RL § 5595; NCL § 9142]

NRS 40.330

NRS

40.330

Amendment of complaint to conform to proof; continuance.

When, upon the trial of any proceeding under NRS 40.220 to 40.420 , inclusive, it appears from the evidence that the defendant has been guilty of either a forcible entry or forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs. Such amendment must be without any imposition of terms. No continuance must be permitted upon account of such amendment, unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.

[1911 CPA § 654; RL § 5596; NCL § 9143]—(NRS A 2015, 3124 )

NRS 40.414

NRS

40.414

Forcible entry or forcible detainer: When owner or occupant may recover possession; notice required; response by unlawful or unauthorized occupant; complaint for eviction; actions by court; disposal of abandoned personal property.

In addition to the remedy provided in NRS 40.290 to 40.420 , inclusive, when a person who is guilty of forcible entry or forcible detainer fails, after the expiration of a written notice to surrender which was served pursuant to NRS 40.230 or 40.240 , to surrender the real property to the owner of the real property or the occupant who is authorized by the owner to be in possession of the real property, the owner or occupant who is authorized by the owner may seek to recover possession of the real property pursuant to this section.
The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property shall serve the notice to surrender on the unlawful or unauthorized occupant in accordance with the provisions of NRS 40.280 .
In addition to the requirements set forth in subsection 2 of NRS 40.230 and subsection 2 of NRS 40.240 , a written notice to surrender must:

(a) Identify the court that has jurisdiction over the matter.

(b) Advise the unlawful or unauthorized occupant:

(1) Of his or her right to contest the matter by filing, before the courts close of business on the fourth judicial day following service of the notice to surrender, an affidavit with the court that has jurisdiction over the matter stating the reasons why the unlawful or unauthorized occupant is not guilty of a forcible entry or forcible detainer.

(2) That if the court determines that the unlawful or unauthorized occupant is guilty of a forcible entry or forcible detainer, the court may issue a summary order for removal of the unlawful or unauthorized occupant or an order providing for the nonadmittance of the unlawful or unauthorized occupant, directing the sheriff or constable of the county to remove the unlawful or unauthorized occupant within 24 hours after the sheriffs or constables receipt of the order from the court.

(3) That, except as otherwise provided in this subparagraph, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner of the real property to be in possession of the real property shall provide safe storage of any personal property of the unlawful or unauthorized occupant which remains on the property. The owner, an authorized representative of the owner or the occupant may dispose of any personal property of the unlawful or unauthorized occupant remaining on the real property after 14 calendar days from the execution of an order for removal of the unlawful or unauthorized occupant or the compliance of the unlawful or unauthorized occupant with the notice to surrender, whichever comes first. The unlawful or unauthorized occupant must pay the owner, authorized representative of the owner or occupant for the reasonable and actual costs of inventory, moving and storage of the personal property before the personal property will be released to the unlawful or unauthorized occupant.

Upon service of the written notice to surrender pursuant to subsection 3, the unlawful or unauthorized occupant shall:

(a) Before the expiration of the notice, surrender the real property to the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property, in which case an affidavit of complaint may not be filed pursuant to subsection 5 and a summary order for removal may not be issued pursuant to subsection 6;

(b) Request that the court stay the execution of a summary order for removal, stating the reasons why such a stay is warranted; or

(c) Contest the matter by filing, before the courts close of business on the fourth judicial day following service of the notice to surrender, an affidavit with the court that has jurisdiction over the matter stating the reasons that the unlawful or unauthorized occupant is not guilty of a forcible entry or forcible detainer. A file-stamped copy of the affidavit must be served by mail upon the issuer of the notice to surrender.

Upon expiration of the written notice to surrender, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may apply by affidavit of complaint for eviction to the justice court of the township in which the real property is located or the district court of the county in which the real property is located, whichever has jurisdiction over the matter. The affidavit of complaint for eviction must state or contain:

(a) The date on which the unlawful or unauthorized occupant forcibly entered or detained the real property or the date on which the applicant first became aware of the forcible entry or forcible detainer.

(b) A summary of the specific facts detailing how the alleged forcible entry or forcible detainer was or is being committed.

(d) Proof of service of the written notice to surrender in compliance with NRS 40.280 .

Upon the filing of the affidavit of complaint by the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property pursuant to subsection 5, the justice court or the district court, as applicable, shall determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If:

(a) The unlawful or unauthorized occupant has failed to timely file an affidavit contesting the matter pursuant to paragraph (c) of subsection 4 and the court determines that sufficient evidence has been set forth in the affidavit of complaint to demonstrate that a forcible entry or forcible detainer has been committed by the unlawful or unauthorized occupant, the court must issue an order directing the sheriff or constable of the county to remove the unlawful or unauthorized occupant within 24 hours after the sheriffs or constables receipt of the order from the court.

(b) The unlawful or unauthorized occupant has timely filed an affidavit contesting the matter pursuant to paragraph (c) of subsection 4 and the court determines that the affidavit fails to raise an element of a legal defense regarding the alleged forcible entry or forcible detainer, the court may rule on the matter without a hearing. If the court determines that sufficient evidence has been set forth in the affidavit of complaint to demonstrate that a forcible entry or forcible detainer has been committed by the unlawful or unauthorized occupant, the court must issue an order directing the sheriff or constable of the county to remove the unlawful or unauthorized occupant within 24 hours after the sheriffs or constables receipt of the order from the court, unless the court has stayed the execution of the order pursuant to a request pursuant to paragraph (b) of subsection 4.

(c) The unlawful or unauthorized occupant has timely filed an affidavit contesting the matter pursuant to paragraph (c) of subsection 4 and the court determines that the affidavit raises an element of a legal defense regarding the alleged forcible entry or forcible detainer, the court must require the parties to appear at a hearing to determine the truthfulness and sufficiency of the evidence set forth in any affidavit. Such a hearing must be held within 7 judicial days after the filing of the affidavit of complaint.

(d) Upon review of the affidavits of any party or upon hearing, the court determines that:

(1) There is a legal defense as to the alleged forcible entry or forcible detainer, the court must refuse to grant either party any relief and, except as otherwise provided in this subsection, must require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420 , inclusive.

(2) The unlawful or unauthorized occupant gained entry or possession of the real property peaceably and as a result of an invalid lease, fraudulent act or misrepresentation by a person without the authority of the owner of the real property, the court may issue a summary order for the removal of the unlawful or unauthorized occupant but also may, within the discretion of the court, stay such order for a period sufficient to allow the unlawful or unauthorized occupant to vacate and remove his or her personal property. This period may not exceed 20 days.

The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may, without incurring any civil or criminal liability, dispose of personal property abandoned on the real property by an unlawful or unauthorized occupant who is ordered removed by this section in the following manner:

(a) The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property shall reasonably provide for the safe storage of the abandoned personal property for 21 calendar days after the removal of the unlawful or unauthorized occupant or the surrender of the real property in compliance with a written notice to surrender, whichever comes first, and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the abandoned personal property to the unlawful or unauthorized occupant or his or her authorized representative rightfully claiming the property within that period. The owner or the occupant is liable to the unlawful or unauthorized occupant only for negligent or wrongful acts in storing the abandoned personal property.

(b) After the expiration of the 21-day period, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may dispose of the abandoned personal property and recover his or her reasonable costs out of the personal property or the value thereof.

(d) Any dispute relating to the amount of the costs claimed by the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property pursuant to paragraph (a) may be resolved by the court pursuant to a motion filed by the unlawful or unauthorized occupant and the payment of the appropriate fees relating to the filing and service of the motion. The motion must be filed within 14 calendar days after the removal of the unlawful or unauthorized occupant or the surrender of the real property in compliance with a written notice to surrender, whichever comes first. Upon the filing of a motion by the unlawful or unauthorized occupant pursuant to this paragraph, the court shall schedule a hearing on the motion. The hearing must be held within 10 judicial days after the filing of the motion. The court shall affix the date of the hearing to the motion and mail a copy to the owner, an authorized representative of the owner or the occupant at the address on file with the court.

(Added to NRS by 2015, 3113 )

NRS 40.430

NRS

40.430

Action for recovery of debt secured by mortgage or other lien; action defined.

Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512 , and except as otherwise provided in NRS 118C.220 , there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of NRS 40.426 to 40.459 , inclusive. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRS 40.462 .
This section must be construed to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.
At any time not later than 5 business days before the date of sale directed by the court, if the deficiency resulting in the action for the recovery of the debt has arisen by failure to make a payment required by the mortgage or other lien, the deficiency may be made good by payment of the deficient sum and by payment of any costs, fees and expenses incident to making the deficiency good. If a deficiency is made good pursuant to this subsection, the sale may not occur.
A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.
Within 30 days after a sale of property is conducted pursuant to this section, the sheriff who conducted the sale shall record the sale of the property in the office of the county recorder of the county in which the property is located.
As used in this section, an action does not include any act or proceeding:

(a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt or as provided in NRS 32.015 .

(b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.

(c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the State which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.

(d) For the recovery of damages arising from the commission of a tort, including a recovery under NRS 40.750 , or the recovery of any declaratory or equitable relief.

(e) For the exercise of a power of sale pursuant to NRS 107.080 .

(f) For the exercise of any right or remedy authorized by chapters 104 to 104C , inclusive, of NRS or by the Uniform Commercial Code as enacted in any other state, including, without limitation, an action for declaratory relief pursuant to chapter 30 of NRS to ascertain the identity of the person who is entitled to enforce an instrument pursuant to NRS 104.3309 .

(g) For the exercise of any right to set off, or to enforce a pledge in, a deposit account pursuant to a written agreement or pledge.

(h) To draw under a letter of credit.

(i) To enforce an agreement with a surety or guarantor if enforcement of the mortgage or other lien has been automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095 .

(j) To collect any debt, or enforce any right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other right secured by a senior mortgage or other senior lien on the property.

(k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt.

(l) For filing a claim pursuant to chapter 147 of NRS or to enforce such a claim which has been disallowed.

(m) Which does not include the collection of the debt or realization of the collateral securing the debt.

(n) Pursuant to NRS 40.507 or 40.508 .

(o) Pursuant to an agreement entered into pursuant to NRS 361.7311 between an owner of the property and the assignee of a tax lien against the property, or an action which is authorized by NRS 361.733 .

(p) Which is exempted from the provisions of this section by specific statute.

(q) To recover costs of suit, costs and expenses of sale, attorneys fees and other incidental relief in connection with any action authorized by this subsection.

[1911 CPA § 559; RL § 5501; NCL § 9048]—(NRS A 1965, 915 ; 1969, 572 ; 1987, 1345 ; 1989, 888 , 1768 ;

1993, 151 ; 2009, 1005 , 1329 ;

2011, 1492 ; 2013, 1566 , 2201 ;

2015, 3336 ; 2017, 1115 ; 2021, 1414 )

NRS 40.439

NRS

40.439

Limitations on foreclosure sales involving certain members of military or dependents.

Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower is a servicemember or, in accordance with subsection 5, a dependent of a servicemember, a person shall not initiate or direct or authorize another person to initiate a foreclosure sale during any period that the servicemember is on active duty or deployment or for a period of 1 year immediately following the end of such active duty or deployment.
Except as otherwise provided in subsection 3, in any civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan that is filed against a servicemember or, in accordance with subsection 5, a dependent of a servicemember, while the servicemember is on active duty or deployment or during the 1-year period immediately following the end of such active duty or deployment, the court may, on its own motion after a hearing, or shall, on a motion or on behalf of the servicemember or dependent of the servicemember, as applicable, do one or both of the following:

(a) Stay the proceedings in the action until at least 1 year after the end of the servicemembers active duty or deployment; or

(b) Adjust the obligation to preserve the interests of the parties.

The provisions of subsection 2 do not apply if the court determines that the ability of the servicemember or dependent of the servicemember to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the servicemembers active duty or deployment.
The provisions of this section apply only to a residential mortgage loan that was secured by a servicemember or, in accordance with subsection 5, a dependent of a servicemember, before the servicemember was called to active duty or deployment.
Upon application to the court, a dependent of a servicemember is entitled to the protections provided to a servicemember pursuant to this section if the ability of the dependent to make payments required by a residential mortgage loan is materially affected by the servicemembers active duty or deployment.
Except as otherwise provided in subsection 7, any person who knowingly initiates or directs or authorizes another person to initiate a foreclosure sale in violation of this section:

(a) Is guilty of a misdemeanor; and

(b) May be liable for actual damages, reasonable attorneys fees and costs incurred by the injured party.

The provisions of subsection 6 do not apply to a trustee who initiates a foreclosure sale pursuant to the direction or authorization of another person.
In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated or directed or authorized another person to initiate the foreclosure sale.
Notwithstanding any other provision of law, any applicable statute of limitations or period within which a servicemember is required to submit proof of service that is prescribed by state law is tolled during the period of protection provided to a servicemember or dependent of a servicemember pursuant to this section.
As used in this section:

(b) Borrower has the meaning ascribed to it in NRS 107.410 .

(d) Deployment means the movement or mobilization of a servicemember from his or her home station to another location for more than 90 days pursuant to military orders.

(e) Initiate a foreclosure sale means to commence a civil action for a foreclosure sale pursuant to NRS 40.430 or, in the case of the exercise of a trustees power of sale pursuant to NRS 107.080 and 107.0805 , to execute and cause to be recorded in the office of the county recorder a notice of the breach and of the election to sell or cause to be sold the property pursuant to paragraph (b) of subsection 2 of NRS 107.080

and paragraph (b) of subsection 1 of NRS 107.0805 .

(f) Military means the Armed Forces of the United States, a reserve component thereof or the National Guard.

(g) Residential mortgage loan has the meaning ascribed to it in NRS 107.450 .

(h) Servicemember means a member of the military.

(i) Trustee means a person described in NRS 107.028 .

(Added to NRS by 2017, 1113 )

NRS 40.4395

NRS

40.4395

Limitations on foreclosure sales involving shutdown.

Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower provides proof that he or she is a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, a person shall not initiate or direct or authorize another person to initiate a foreclosure sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.
Except as otherwise provided in subsection 3, in any civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan that is filed against a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, during a shutdown or during the 90-day period immediately after the end of a shutdown, the court may, on its own motion after a hearing, or shall, on a motion or on behalf of the federal worker, tribal worker, state worker or household member or landlord of such a worker, as applicable, do one or both of the following:

(a) Stay the proceedings in the action until at least 90 days after the end of the shutdown; or

(b) Adjust the obligation to preserve the interests of the parties.

The provisions of subsection 2 do not apply if the court determines that the ability of the federal worker, tribal worker, state worker or household member or landlord of such a worker to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the shutdown.
The provisions of this section apply only to a residential mortgage loan that was secured by a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, before the shutdown.
Upon application to the court, a household member or landlord of such a worker is entitled to the protections provided to a federal worker, tribal worker or state worker pursuant to this section if the ability of the household member or landlord of such a worker to make payments required by a residential mortgage loan is materially affected by the shutdown.
Except as otherwise provided in subsection 7, any person who knowingly initiates or directs or authorizes another person to initiate a foreclosure sale in violation of this section:

(a) Is guilty of a misdemeanor; and

(b) May be liable for actual damages, reasonable attorneys fees and costs incurred by the injured party.

The provisions of subsection 6 do not apply to a trustee who initiates a foreclosure sale pursuant to the direction or authorization of another person.
In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated or directed or authorized another person to initiate the foreclosure sale.
As used in this section:

(a) Borrower has the meaning ascribed to it in NRS 107.410 .

(b) Initiate a foreclosure sale means to commence a civil action for a foreclosure sale pursuant to NRS 40.430 or, in the case of the exercise of a trustees power of sale pursuant to NRS 107.080 and 107.0805 , to execute and cause to be recorded in the office of the county recorder a notice of the breach and of the election to sell or cause to be sold the property pursuant to paragraph (b) of subsection 2 of NRS 107.080

and paragraph (b) of subsection 1 of NRS 107.0805 .

(d) Trustee means a person described in NRS 107.028 .

(Added to NRS by 2019, 3176 )

NRS 40.462

NRS

40.462

Distribution of proceeds of foreclosure sale.

Except as otherwise provided by specific statute, this section governs the distribution of the proceeds of a foreclosure sale. The provisions of NRS 40.455 , 40.457 and 40.459 do not affect the right to receive those proceeds, which vests at the time of the foreclosure sale. The purchase of any interest in the property at the foreclosure sale, and the subsequent disposition of the property, does not affect the right of the purchaser to the distribution of proceeds pursuant to paragraph (c) of subsection 2, or to obtain a deficiency judgment pursuant to NRS 40.455 , 40.457 and 40.459 .
The proceeds of a foreclosure sale must be distributed in the following order of priority:

(a) Payment of the reasonable expenses of taking possession, maintaining, protecting and leasing the property, the costs and fees of the foreclosure sale, including reasonable trustees fees, applicable taxes and the cost of title insurance and, to the extent provided in the legally enforceable terms of the mortgage or lien, any advances, reasonable attorneys fees and other legal expenses incurred by the foreclosing creditor and the person conducting the foreclosure sale.

(b) Satisfaction of the obligation being enforced by the foreclosure sale.

(d) Payment of the balance of the proceeds, if any, to the debtor or the debtors successor in interest.

Ê If there are conflicting claims to any portion of the proceeds, the person conducting the foreclosure sale is not required to distribute that portion of the proceeds until the validity of the conflicting claims is determined through interpleader or otherwise to the persons satisfaction.

A person who claims a right to receive the proceeds of a foreclosure sale pursuant to paragraph (c) of subsection 2 must, upon the written demand of the person conducting the foreclosure sale, provide:

(a) Proof of the obligation upon which the claimant claims a right to the proceeds; and

(b) Proof of the claimants interest in the mortgage or lien, unless that proof appears in the official records of a county in which the property is located.

Ê Such a demand is effective upon personal delivery or upon mailing by registered or certified mail, return receipt requested, to the last known address of the claimant. Failure of a claimant to provide the required proof within 15 days after the effective date of the demand waives the claimants right to receive those proceeds.

(Added to NRS by 1989, 887 ; A 2015, 3342 )

NRS 40.652

NRS

40.652

Offer of judgment.

At any time after a claimant has given notice pursuant to NRS 40.645 and before the claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant or any contractor, subcontractor, supplier or design professional who has received notice pursuant to NRS 40.645 or 40.646 may serve upon one or more other parties a written offer to allow judgment to be entered without action in accordance with the terms and conditions of the offer of judgment.
Except as otherwise provided in subsection 7, if, within 10 days after the date of service of an offer of judgment, the party to whom the offer was made serves written notice that the offer is accepted, the party who made the offer or the party who accepted the offer may file the offer, the notice of acceptance and proof of service with the clerk of the district court. Upon receipt by the clerk, the clerk shall enter a judgment according to the terms of the offer. Any judgment entered pursuant to this section shall be deemed a compromise settlement. The judgment, the offer, the notice of acceptance and proof of service, with the judgment endorsed, become the judgment roll.
If the offer of judgment is not accepted pursuant to subsection 2 within 10 days after the date of service, the offer shall be deemed rejected by the party to whom it was made and withdrawn by the party who made it. The rejection of an offer does not preclude any party from making another offer pursuant to this section. Evidence of a rejected offer is not admissible in any proceeding other than a proceeding to determine costs and fees.
Except as otherwise provided in this section, if a party who rejects an offer of judgment fails to obtain a more favorable judgment in an action for a constructional defect, the court:

(a) May not award to the party any costs or attorneys fees;

(b) May not award to the party any interest on the judgment for the period from the date of service of the offer to the date of entry of the judgment;

(d) May order the party to pay to the party who made the offer any or all of the following:

(1) A reasonable sum to cover any costs incurred by the party who made the offer for each expert witness whose services were reasonably necessary to prepare for and conduct the trial of the case.

(2) Any applicable interest on the judgment for the period from the date of service of the offer to the date of entry of the judgment.

(3) Reasonable attorneys fees incurred by the party who made the offer for the period from the date of service of the offer to the date of entry of the judgment. If the attorney of the party who made the offer is collecting a contingent fee, the amount of any attorneys fees awarded to the party pursuant to this subparagraph must be deducted from that contingent fee.

To determine whether a party who rejected an offer of judgment failed to obtain a more favorable judgment:

(a) If the offer provided that the court would award costs, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs.

(b) If the offer precluded a separate award of costs, the court must compare the amount of the offer with the sum of:

(1) The principal amount of the judgment; and

(2) The amount of taxable costs that the claimant who obtained the judgment incurred before the date of service of the offer.

Multiple parties may make a joint offer of judgment pursuant to this section.
A party may make to two or more other parties pursuant to this section an apportioned offer of judgment that is conditioned upon acceptance by all the parties to whom the apportioned offer is made. Each party to whom such an offer is made may serve upon the party who made the offer a separate written notice of acceptance of the offer. If any party rejects the apportioned offer:

(a) The action must proceed as to all parties to whom the apportioned offer was made, whether or not the other parties accepted or rejected the offer; and

(b) The sanctions set forth in subsection 4:

(1) Apply to each party who rejected the apportioned offer.

(2) Do not apply to any party who accepted the apportioned offer.

The sanctions set forth in subsection 4 do not apply to:

(a) An offer of judgment made to multiple parties who received a notice pursuant to NRS 40.645

or 40.646 unless the same person is authorized to decide whether to settle the claims against all the parties to whom the offer is made and:

(1) There is a single common theory of liability against all the parties to whom the offer is made;

(2) The liability of one or more of the parties to whom the offer is made is entirely derivative of the liability of the remaining parties to whom the offer is made; or

(3) The liability of all the parties to whom the offer is made is entirely derivative of a common act or omission by another person.

(b) An offer of judgment made to multiple claimants unless the same person is authorized to decide whether to settle the claims of all the claimants to whom the offer is made and:

(1) There is a single common theory of liability claimed by all the claimants to whom the offer is made;

(2) The damages claimed by one or more of the claimants to whom the offer is made are entirely derivative of an injury to the remaining claimants to whom the offer is made; or

(3) The damages claimed by all the claimants to whom the offer is made are entirely derivative of an injury to another person.

(Added to NRS by 2015, 7 )

NRS 403.610

NRS

403.610

Expenditures for construction or repair of $100 or more: Petition; procedure.

When a bridge, the cost of which will exceed $100, is necessary, any five or more freeholders of the road district interested therein may petition the board of county commissioners for the erection of such necessary bridge. The board of county commissioners must advertise such application, giving the location and other facts, for 2 weeks in a newspaper printed in the county if there is one; if none, then by posting a notice at the proposed location, one at the courthouse and one at some other public place in the county.
On the day fixed to hear the application, proof of the notice having been given being satisfactorily made, the board of county commissioners must hear the petition, examine witnesses, and determine whether or not a bridge is necessary to be constructed or repaired as petitioned for. If found necessary, the board of county commissioners must determine the character of the bridge to be constructed or repairs to be made, prepare plans and specifications, invite bids or otherwise let the contract for the construction or repair of the same as provided in NRS 403.490 .

[4:42:1877; BH § 469; C § 438; RL § 3020; NCL § 5408] + [5:42:1877; A 1911, 369 ; RL § 3021; NCL § 5409]

NRS 405.040

NRS

405.040

Permit for erection or use of outdoor advertisement; fee; exceptions.

It shall be unlawful for any person, firm, association or corporation, personally or by agent, to erect, place or maintain any billboard, sign or any form of notice or advertising outside the city limits of any city or town:

(a) On the public domain;

(b) On land owned or leased by such advertiser or agent but not used as the site for manufacturing the goods or articles advertised; or

(c) On the lands of another except where, by painting, an area of the barns or other outbuildings thereon may be preserved (for the purposes of this paragraph area is defined as the entire wall or roof aspect on which an advertisement may be painted),

Ê without first having secured from the county building official, if one has been appointed pursuant to NRS 278.570 , or if not, from the county clerk of the county in which the sign may be located a permit to erect, or continue the use of, such sign, billboard or other form of notice or advertisement.

No permit for the erection of such sign, billboard or other form of advertisement shall be issued unless and until the applicant shall have paid a fee in the sum of $5. On the tender of the fee the county building official or county clerk shall issue the permit.
No fee shall be required for any billboard, sign or advertisement erected or placed by any farm bureau, chamber of commerce or lawful authority to advertise exclusively any city, town or geographic area, or public event.
This section shall not apply to the owner or occupant of any land outside the limits of any city, who may place or erect on the land or on the outbuildings thereon any sign or notice or advertisement intended to benefit the land or improvements thereon and advertise the business conducted in the buildings on the land.

[3:90:1925; NCL § 262]—(NRS A 1971, 316 ; 2001, 1250 )

NRS 405.195

NRS

405.195

Petition to open, reopen, close, relocate or abandon road; hearings and orders by board of county commissioners regarding petition; legal actions authorized.

Five or more residents of this state may petition any board of county commissioners to open, reopen, close, relocate or abandon a public road within the county. The petition must be accompanied by proof of the petitioners residency and adequate maps and documentation to justify a hearing on the petition. Upon receipt of such a petition and the required documentation, the board of county commissioners shall set a date to conduct a public hearing on the petition. The date selected must not be earlier than 30 days, nor later than 45 days, after the petition is submitted. In addition to any other notice required by law or ordinance, the board shall cause notice of the time, date and location of the hearing to be published at least once each week for 2 successive weeks in a newspaper of general circulation in the county.
Upon conclusion of the public hearing, the board shall determine whether the road in question has acquired the status of a public road because:

(a) Construction of the improvement occurred while the land was unappropriated, unreserved public land;

(b) The improvement was constructed by mechanical means which made the physical change to the natural area necessary for the customary or usual passage of traffic; and

(1) Accepted by the state or local government for dedication as a road for public use and thereafter the road was used by the public at large; or

(2) Accepted by use as access to a mining claim or other privately owned property.

If the board concludes that the road is a public road, the board may order the public road to be opened, reopened, closed, relocated or abandoned, for all or part of the year. The boards decision must be based on specific findings, including, but not limited to:

(a) The resulting benefit to the general public;

(b) Whether any significant impairment of the environment or natural resources will result; and

Ê The order of the board must be reduced to writing, including a statement of any actions which must be taken to effectuate the decision and the person to whom each such action has been assigned. If possible, the order must be signed by any person who has agreed to take a specific action to effectuate the boards decision. The lack of such a signature does not invalidate the order.

If the order of the board is to close or abandon a public road, the board shall, upon the petition of five or more residents of the State, designate and provide an alternate route serving the same area. The closure or abandonment of a public road by the board does not prohibit or restrict the use of that road by a governmental agency or a public utility regulated by the Public Utilities Commission of Nevada for the maintenance, construction or operation of a facility of the agency or utility.
Any person or governmental agency may bring and maintain an action in the district court of the county in which the public road lies to prevent any person, including a public agency, from violating an order issued pursuant to subsection 3.
The Attorney General may, pursuant to this section or as provided in NRS 405.204 , bring and maintain an action in any court or before any federal agency if an agency or instrumentality of the Federal Government denies the use of a public road located on public land in this state.
Nothing in this section affects the right of the Department of Transportation to regulate freeways or highways in this state.

(Added to NRS by 1979, 1174 ; A 1981, 923 ; 1993, 1428 ; 1997, 1993 ; 2015, 2631 )

ACCESSORY ROADS AND PUBLIC ROADS

NRS 407.065

NRS

407.065

General powers and duties of Administrator; requirements related to Public Lands Day; deposit of fees.

The Administrator, subject to the approval of the Director:

(a) Except as otherwise provided in this paragraph and NRS 407.066 , may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.

(b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.

(c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

(d) Except as otherwise provided in this section and NRS 407.0655 , shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State:

(1) Upon application therefor and proof of residency and age, to any bona fide resident of the State of Nevada who is 65 years of age or older.

(2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091 , to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States.

Ê The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

(e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

(f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.

(g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

(h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Account for State Park Interpretative and Educational Programs and Operation of Concessions created by NRS 407.0755 .

(i) May organize the areas under the jurisdiction of the Division into regions.

The Administrator:

(a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee; and

(b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee.

The Administrator shall establish a program for the issuance of an annual permit, free of charge, to enter each state park and recreational area in this State to any pupil who is enrolled in the fifth grade at a school in this State. The program must:

(a) Specify the period for which the Administrator may issue an annual permit to a pupil pursuant to this subsection, including, without limitation, the date upon which the Administrator may issue an annual permit to a pupil who has completed fourth grade and who intends to enter the fifth grade after completing the fourth grade;

(b) Specify the circumstances under which a pupil and any person accompanying a pupil may use the annual permit to enter a state park or recreational area; and

(c) Include any other requirement which the Administrator determines is necessary to establish and carry out the program pursuant to this subsection.

An annual permit issued pursuant to subsection 2 or 3 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.
During each Public Lands Day observed pursuant to NRS 236.053 , and upon proof of residency in this State, the Division shall allow a resident of this State to enter, camp and boat in any state park or recreational area without the payment of any fees for those activities. The free day of camping authorized pursuant to this subsection must include either the Friday night before Public Lands Day or overnight on the night of Public Lands Day, as determined by the Administrator for each state park and recreational area. A person is not entitled to receive more than one free night of camping during each Public Lands Day pursuant to this subsection.
Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765 , the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.

(Added to NRS by 1961, 180 ; A 1963, 831 ; 1971, 2078 ; 1973, 247 ; 1977, 794 , 1131 ;

1979, 108 ; 1985, 287 ; 1993, 217 , 1029 ,

2532 ;

1999, 977 ; 2003, 1216 , 3221 ;

2011, 2471 ; 2013, 2518 , 2755 ;

2015, 561 ; 2017, 98 , 1510 ;

2019, 581 ; 2021, 96 , 439 ;

2023, 1757 )

NRS 408.357

NRS

408.357

Bids and bidders: Bonds required of successful bidders; exception; conditions; sureties.

Except as otherwise provided in NRS 408.354 , every contract must provide for the filing and furnishing of one or more bonds by the successful bidder, with corporate sureties approved by the Department and authorized to do business in the State, in a sum equal to the full or total amount of the contract awarded. The bond or bonds must be performance bonds or labor and material bonds, or both.
The performance bonds must:

(a) Guarantee the faithful performance of the contract in accordance with the plans, specifications and terms of the contract.

(b) Be maintained for 1 year after the date of completion of the contract.

The labor and material bonds must:

(a) Secure payment of state and local taxes relating to the contract, premiums under the Nevada Industrial Insurance Act, contributions under the Unemployment Compensation Law, and payment of claims for labor, materials, provisions, implements, machinery, means of transportation or supplies furnished upon or used for the performance of the contract; and

(b) Provide that if the contractor or his or her subcontractors, or assigns, fail to pay for such taxes, premiums, contributions, labor and materials required of, and used or consumed by, the contractor or his or her subcontractors, the surety shall make the required payment in an amount not exceeding the total sum specified in the bond together with interest at a rate of 8 percent per annum.

Ê All such bonds must be otherwise conditioned as required by law or the Department.

No person bidding for work or submitting proposals under the provisions of this chapter may be accepted as surety on any bond.
Whenever the Department has cause to believe that the sureties or any of them have become insufficient, it may demand in writing of the contractor such further bonds or additional sureties, in a total sum not exceeding that originally required, as are necessary, considering the extent of the work remaining to be done. Thereafter no payment may be made upon the contract to the contractor or any assignee of the contractor until the further bonds or additional sureties have been furnished.
The Department in every contract may require the furnishing of proof by the successful bidder of public liability and insurance coverage for damage to property.

(Added to NRS by 1957, 684 ; A 1987, 1806 ; 2001, 636 )

NRS 408.427

NRS

408.427

Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration.

Whenever any person cuts, removes, destroys, crosses or otherwise penetrates a control-of-access fence or barrier maintained by the Department on an interstate or other highway, to which the State has acquired the abutters easements of access to and from the abutting land, the Department may petition the district court of the county where such highway is located for an order permanently enjoining such person from further penetration of the control of access, and if the court finds, upon taking proof by affidavit or otherwise, that the State has acquired the abutters rights of access, it shall enjoin such person from further violation of such control-of-access fence or barrier and shall provide in its order that the Department may recover from such person a sum treble the actual expense incurred by the Department in restoring the control-of-access fence or barrier.

(Added to NRS by 1969, 461 )

NRS 408.523

NRS

408.523

Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs; resolution of Board; recordation.

The Board may retain or may summarily vacate and abandon any portion of a state highway if that portion has been superseded by relocation or has been determined to be in excess of the needs of the Department.
The Board shall act to abandon any easement, or to vacate any highway, by resolution. A certified copy of the resolution may be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the county recorder of each county wherein any portion of the easement to be abandoned, or the highway to be vacated, lies. No fee may be charged for such recordation. Upon recordation, the abandonment or vacation is complete.
When a highway for which the State holds only an easement is abandoned, or when any other easement is abandoned, the property previously subject thereto is free from the public easement for highway purposes. Where the State owns in fee the property on which the vacated highway was located, the Department shall dispose of that property as provided in NRS 408.533 .
In any proceeding for the abandonment or vacation of any state highway or part thereof, the Board may reserve and except therefrom any easements, rights or interests in the highway deemed desirable and in the best interests of the State.

(Added to NRS by 1960, 68 ; A 1981, 707 ; 1987, 1811 ; 1989, 1307 )

NRS 41.200

NRS

41.200

Compromise by parent or guardian of claim by minor against third person; requirements of court petition; establishment of blocked financial investment for proceeds of compromise under certain circumstances; no fees to be charged in proceedings.

If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.
The petition must set forth:

(a) The name, age and residence of the minor;

(b) The facts which bring the minor within the purview of this section, including:

(1) The circumstances which make it a disputed claim for money;

(2) The name of the third person against whom the claim is made; and

(3) If the claim is the result of an accident or motor vehicle crash, the date, place and facts of the accident or motor vehicle crash;

(d) The name and residence of the person or persons having physical custody or control of the minor;

(e) The name and residence of the petitioner and the relationship of the petitioner to the minor;

(f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for:

(1) Attorneys fees and whether the attorneys fees are fixed or contingent fees, and if the attorneys fees are contingent fees the percentage of the proceeds to be paid as attorneys fees;

(2) Medical expenses; and

(3) Other expenses,

Ê and whether these fees and expenses are to be deducted before or after the calculation of any contingency fee;

(g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor; and

(h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise.

If the claim involves a personal injury suffered by the minor, the petitioner must submit all relevant medical and health care records to the court at the compromise hearing. The records must include documentation of:

(a) The injury, prognosis, treatment and progress of recovery of the minor; and

(b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses which may be incurred in the future.

If the court approves the compromise of the claim of the minor, the court must direct the money to be paid to a parent or guardian of the minor, with or without the filing of any bond, or it must require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond, as the court, in its discretion, deems to be in the best interests of the minor.
Upon receipt or distribution of the total amount of the proceeds of the compromise as described in paragraph (f) of subsection 2, and after deducting from the total proceeds the amount of fees and expenses owed or paid pursuant to the apportionment described in paragraph (f) of subsection 2:

(a) If the net proceeds of the compromise are more than $2,500, the parent or guardian to whom the proceeds of the compromise are ordered to be paid shall establish a blocked financial investment for the benefit of the minor with the proceeds of the compromise. Money may be obtained from the blocked financial investment only pursuant to subsection 6. Within 30 days after receiving the proceeds of the compromise, the parent or guardian shall file with the court proof that the blocked financial investment has been established. If the balance of the investment is more than $10,000, the parent, guardian or person in charge of managing the investment shall annually file with the court a verified report detailing the activities of the investment during the previous 12 months. If the balance of the investment is $10,000 or less, the court may order the parent, guardian or person in charge of managing the investment to file such periodic verified reports as the court deems appropriate. The court may hold a hearing on a verified report only if it deems a hearing necessary to receive an explanation of the activities of the investment.

(b) If the net proceeds of the compromise are $2,500 or less, the parent or guardian to whom the proceeds of the compromise are ordered to be paid may use the proceeds at his or her discretion for the benefit of the minor, in compliance with any terms or conditions ordered by the court. The court may, at its discretion, close the case.

The beneficiary of a blocked financial investment may obtain control of or money from the investment:

(a) By an order of the court which held the compromise hearing; or

(b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time control of the investment must be transferred to the beneficiary or the investment must be closed and the money distributed to the beneficiary.

The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court.
As used in this section, blocked financial investment means a savings account established in a financial institution in this State, a certificate of deposit, a United States savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court.

[1:11:1931; A 1953, 65 ]—(NRS A 1963, 137 ; 1979, 143 ; 1987, 1281 ; 1989, 1571 ; 2001, 872 ; 2015, 1657 ; 2017, 775 ; 2021, 497 )

PROCEEDINGS TO DETERMINE AND ESTABLISH FACTS RELATIVE TO VITAL STATISTICS

NRS 41.280

NRS

41.280

When publication of notice is required.

Except as otherwise provided in subsections 2 and 3, upon the filing of the petition, the applicant shall make out and procure a notice that must:

(a) State the fact of the filing of the petition, its object, the applicants present name, the name which the applicant desires to bear in the future and the fact that the applicant submitted a statement signed under penalty of perjury that the applicant is not changing his or her name for a fraudulent purpose; and

(b) Be published in some newspaper of general circulation in the county at least one time.

If the applicant submits proof satisfactory to the court that publication of the change of name would place the applicants personal safety at risk, the court shall not require the applicant to comply with the provisions of subsection 1 and shall order the records concerning the petition and any proceedings concerning the petition to be sealed and to be opened for inspection only upon an order of the court for good cause shown or upon the request of the applicant.
If the petition filed by the applicant states that the reason for desiring the change is to conform the applicants name to his or her gender identity, the court shall not require the applicant to comply with the provisions of subsection 1.

[2:16:1869; A 1941, 12 ; 1943, 87 ; 1943 NCL § 9458]—(NRS A 2003, 1755 ; 2017, 472 , 607 )

NRS 41.290

NRS

41.290

Order of court; hearing on objections; disposition and rescission of order.

If, within 10 days after the publication of the notice, or if, pursuant to subsection 2 or 3 of NRS 41.280 , such publication is not required, within 10 days after filing of the petition, no written objection is filed with the clerk, upon proof of the filing of the petition and publication of notice, if required in NRS 41.280 , and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the court shall make an order changing the name of the applicant as prayed for in the petition. If, within the period an objection is filed, the court shall appoint a day for hearing the proofs, respectively, of the applicant and the objection, upon reasonable notice. Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs show satisfactory reasons for making the change. Before issuing its order, the court shall specifically take into consideration the applicants criminal record, if any, which is stated in the petition.
Upon the making of an order either granting or denying the prayer of the applicant, the order must be recorded as a judgment of the court. If the petition is granted, the name of the applicant must thereupon be as stated in the order and the clerk shall transmit a certified copy of the order to the State Registrar of Vital Statistics.
If an order grants a change of name to a person who has a criminal record, the clerk shall transmit a certified copy of the order to the Central Repository for Nevada Records of Criminal History for inclusion in that persons record of criminal history. The order must be accompanied by a complete set of the persons fingerprints taken in the manner prescribed by the Director of the Department of Public Safety.
Upon receiving uncontrovertible proof that an applicant in the petition falsely denied having been convicted of a felony or falsely stated under penalty of perjury that he or she is not changing his or her name for a fraudulent purpose, the court shall rescind its order granting the change of name and the clerk shall transmit a certified copy of the order rescinding the previous order to:

(a) The State Registrar of Vital Statistics for inclusion in the State Registrars records.

(b) The Central Repository for Nevada Records of Criminal History, accompanied by a complete set of the applicants fingerprints taken in the manner prescribed by the Director of the Department of Public Safety, for inclusion in the applicants record of criminal history.

[3:16:1869; A 1943, 87 ; 1943 NCL § 9459]—(NRS A 1960, 157 ; 1989, 488 ; 2017, 257 , 472 ,

608 )

Unemancipated Minors Not in Legal Custody of Agency Which Provides Child Welfare Services

NRS 41.296

NRS

41.296

When notice to nonpetitioning parent is required.

Unless the verified consent of the other parent is stated in the petition, and except as otherwise provided in subsection 2, upon the filing of the petition, the petitioning parent shall make out and procure a notice that must:

(a) State the fact of the filing of the petition, its object, the minors present name and the name which the minor will bear in the future; and

(b) Be personally served with a copy of the petition upon the other parent.

If the petitioning parent submits proof satisfactory to the court that notice cannot be personally served on the other parent, the court may order the petitioning parent to:

(a) Publish notice in a newspaper of general circulation in the county once a week for 3 successive weeks; and

(b) Serve notice and a copy of the petition by registered or certified mail to the other parent at his or her last known address.

(Added to NRS by 2017, 732 )

NRS 41.297

NRS

41.297

Order of court; hearing on objections; disposition of order.

Except as otherwise provided in subsection 2, the court shall make an order changing the name of the minor as prayed for in the petition upon being satisfied by the statements in the petition or other evidence that good reason exists, if:

(a) The verified consent of the other parent is stated in the petition; or

(b) No written objection is filed with the clerk within 10 days after the other parent is personally served or the last day of publication of notice as ordered in NRS 41.296 , upon proof of the filing of the petition and evidence of service.

If, within the period described in paragraph (b) of subsection 1, an objection is filed, the court shall appoint a day for hearing the proofs, respectively, of the petitioning parent and the objection, upon reasonable notice. Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioning parent, according to whether the proofs show satisfactory reasons for making the change.
Upon the making of an order either granting or denying the prayer of the petitioning parent, the order must be recorded as a judgment of the court. If the petition is granted, the name of the minor must thereupon be as stated in the order and the clerk shall transmit a certified copy of the order to the State Registrar of Vital Statistics.

(Added to NRS by 2017, 732 )

NRS 41.2997

NRS

41.2997

Order of court; hearing on objection; disposition of order; factors to be considered by court in determining best interest of unemancipated minor and making specific findings.

Except as otherwise provided in subsection 2, the court shall make an order changing the name of the minor as prayed for in the petition filed by the attorney representing the unemancipated minor in the legal custody of an agency which provides child welfare services, upon being satisfied by the statements in the petition or other evidence that the name change is in the best interest of the unemancipated minor pursuant to subsection 4 if:

(a) The verified consent of:

(1) Each parent of the unemancipated minor is stated in the petition; or

(2) One parent of the unemancipated minor is stated in the petition, if a court finds that it is in the best interest of the minor not to require the other parent to consent to the name change;

(b) Notice is required to be served or published pursuant to NRS 41.2995 , no written objection is filed with the clerk by a parent of the minor within 10 days after the parent is personally served or the last day of publication as ordered in NRS 41.2995 , upon proof of the filing of the petition and evidence of service; or

(c) The requirement to provide notice to one or both parents of the unemancipated minor was waived pursuant to subsection 8 of NRS 41.2995 .

If an objection is filed within the prescribed time period pursuant to this section, the court shall appoint a day for hearing the proofs, respectively, of the petitioner and the objection, upon reasonable notice. Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs show that making the name change is in the best interest of the unemancipated minor pursuant to subsection 4.
Upon the making of an order either granting or denying the prayer of the petitioner, the order must be recorded as a judgment of the court. If the petition is granted, the name of the unemancipated minor must thereupon be stated in the order and the clerk shall transmit a certified copy of the order to the State Registrar of Vital Statistics.
In determining the best interest of the unemancipated minor, the court shall consider and set forth its specific findings concerning, among other things:

(a) The wishes of the unemancipated minor if the minor is of sufficient age and capacity to form an intelligent preference as to his or her name change.

(b) The level of conflict between the parents.

(d) The physical, developmental and emotional needs of the unemancipated minor.

(e) The nature of the relationship of the unemancipated minor with each parent.

(f) Any history of parental abuse or neglect of the unemancipated minor or a sibling of the minor.

(g) Whether either parent or any other person has engaged in an act of domestic violence against the unemancipated minor, a parent of the minor or any other person residing with the minor.

(h) Whether either parent has committed any act of abduction against the unemancipated minor or any other minor.

(Added to NRS by 2019, 2088 )

NRS 41.660

NRS

41.660

Attorney General or chief legal officer of political subdivision may defend or provide support to person sued for engaging in right to petition or free speech in direct connection with an issue of public concern; special counsel; filing special motion to dismiss; stay of discovery; adjudication upon merits.

If an action is brought against a person based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern:

(a) The person against whom the action is brought may file a special motion to dismiss; and

(b) The Attorney General or the chief legal officer or attorney of a political subdivision of this State may defend or otherwise support the person against whom the action is brought. If the Attorney General or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the Attorney General or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person.

A special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown.
If a special motion to dismiss is filed pursuant to subsection 2, the court shall:

(a) Determine whether the moving party has established, by a preponderance of the evidence, that the claim is based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern;

(b) If the court determines that the moving party has met the burden pursuant to paragraph (a), determine whether the plaintiff has demonstrated with prima facie evidence a probability of prevailing on the claim;

(c) If the court determines that the plaintiff has established a probability of prevailing on the claim pursuant to paragraph (b), ensure that such determination will not:

(1) Be admitted into evidence at any later stage of the underlying action or subsequent proceeding; or

(2) Affect the burden of proof that is applied in the underlying action or subsequent proceeding;

(d) Consider such evidence, written or oral, by witnesses or affidavits, as may be material in making a determination pursuant to paragraphs (a) and (b);

(e) Except as otherwise provided in subsection 4, stay discovery pending:

(1) A ruling by the court on the motion; and

(2) The disposition of any appeal from the ruling on the motion; and

(f) Rule on the motion within 20 judicial days after the motion is served upon the plaintiff.

Upon a showing by a party that information necessary to meet or oppose the burden pursuant to paragraph (b) of subsection 3 is in the possession of another party or a third party and is not reasonably available without discovery, the court shall allow limited discovery for the purpose of ascertaining such information.
If the court dismisses the action pursuant to a special motion to dismiss filed pursuant to subsection 2, the dismissal operates as an adjudication upon the merits.
The court shall modify any deadlines pursuant to this section or any other deadlines relating to a complaint filed pursuant to this section if such modification would serve the interests of justice.
As used in this section:

(a) Complaint means any action brought against a person based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern, including, without limitation, a counterclaim or cross-claim.

(b) Plaintiff means any person asserting a claim, including, without limitation, a counterclaim or cross-claim.

(Added to NRS by 1993, 2848 ; A 1997, 1365 , 2593 ;

2013, 623 ; 2015, 2455 )

NRS 41.665

NRS

41.665

Legislative findings and declaration regarding plaintiffs burden of proof under

NRS 41.660

The Legislature finds and declares that:

NRS 41.660 provides certain protections to a person against whom an action is brought, if the action is based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern.
When a plaintiff must demonstrate a probability of success of prevailing on a claim pursuant to NRS 41.660 , the Legislature intends that in determining whether the plaintiff has demonstrated with prima facie evidence a probability of prevailing on the claim the plaintiff must meet the same burden of proof that a plaintiff has been required to meet pursuant to Californias anti-Strategic Lawsuits Against Public Participation law as of June 8, 2015.

(Added to NRS by 2015, 2455 )

NRS 41.900

NRS

41.900

Qualifications for bringing action for wrongful conviction; required proof; weight and admissibility of evidence; appointment of counsel; innocence defined.

A person who is not currently incarcerated for any offense may bring a civil action for his or her wrongful conviction against this State in a district court seeking damages or other relief provided by NRS 41.950 .
The court shall award damages for wrongful conviction in accordance with NRS 41.950 if the person proves by a preponderance of the evidence that:

(a) He or she was convicted of a felony in this State and was subsequently imprisoned for the conviction;

(b) He or she did not commit the felony for which he or she was convicted and the person:

(1) Was not an accessory or accomplice to the acts that were the basis of the conviction;

(2) Did not commit the acts that were the basis of the conviction; and

(3) Did not aid, abet or act as an accomplice or accessory to a person who committed the acts that were the basis of the conviction;

(d) Any of the following occurred:

(1) The judgment of conviction was reversed or vacated and the charging document was dismissed;

(2) The basis for reversing or vacating the judgment of conviction was not legal error that was unrelated to his or her innocence, and if a court ordered a new trial, the person was found not guilty at the new trial or the person was not retried and the charging document was dismissed; or

(3) The person was pardoned by the State Board of Pardons Commissioners on the grounds that he or she was innocent; and

(e) The person did not commit perjury or fabricate evidence at the criminal proceeding that brought about his or her felony conviction and the person did not by his or her own conduct cause or bring about his or her felony conviction.

The court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence, may, in the interest of justice, give due consideration to:

(a) The difficulty of providing evidence caused by the passage of time;

(b) The death or unavailability of a witness;

(d) Any other factor not caused by the person or any other person acting on his or her behalf.

The court may appoint an attorney to aid a person in an action brought pursuant to this section.
For the purposes of subsection 2, the following do not constitute committing perjury, fabricating evidence or causing or bringing about the conviction of the person:

(a) A confession or an admission later found to be false; or

(b) If the judgment of conviction was reversed or vacated and the charging document dismissed, a guilty plea for a felony.

As used in this section, innocence means that a person did not engage in:

(a) The conduct for which he or she was convicted; and

(b) Any conduct constituting a lesser included or inchoate offense of the crime for which he or she was convicted.

(Added to NRS by 2019, 4366 )

NRS 412.358

NRS

412.358

Procedural regulations.

Pretrial, trial and posttrial procedures, including modes of proof, for cases before courts-martial arising under this Code and for courts of inquiry, may be prescribed by the Governor or the Adjutant General by regulations, or as otherwise provided by law. The regulations prescribed under this section must apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the Armed Forces of the United States and must not be contrary to or inconsistent with this Code.

(Added to NRS by 1967, 1321 ; A 1993, 1610 ; 2013, 1124 )

NRS 412.3945

NRS

412.3945

Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court.

It is an affirmative defense in trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his or her acts and, thus, lacked mental responsibility for those acts. Mental disease or defect does not otherwise constitute a defense.
The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused:

(a) Guilty;

(b) Not guilty; or

Notwithstanding the provisions of NRS 412.396 , the accused may only be found not guilty by reason of lack of mental responsibility pursuant to paragraph (c) if a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.

The provisions of this subsection and subsection 3 do not apply to a court-martial composed only of a military judge. In the case of a court-martial composed only of a military judge or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:

(a) Guilty;

(b) Not guilty; or

Notwithstanding the provisions of NRS 412.396 , the accused may be found not guilty only by reason of lack of mental responsibility pursuant to paragraph (c) only if the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.

(Added to NRS by 2013, 1098 )

NRS 412.396

NRS

412.396

Voting; rulings; instructions; findings.

Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence must be by secret written ballot. The junior member of the court shall in each case count the votes. The count must be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. Unless a ruling is final, if any member objects thereto, the court must be cleared and closed and the question decided by a voice vote as provided in NRS 412.398 , beginning with the junior in rank.
The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Except as otherwise provided in this subsection, any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, including, without limitation, for the purposes of interlocutory appeal under NRS 412.418 to 412.438 , inclusive. During the trial, the military judge may change the ruling at any time.
Before a vote is taken on the findings, and except where a court-martial is composed of a military judge alone, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:

(a) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;

(b) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;

(c) That if there is a reasonable doubt as to the degree of guilt, the findings must be in a lower degree as to which there is no reasonable doubt; and

(d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the State.

If the court-martial is composed of a military judge alone, he or she shall determine all questions of law and fact, and, if the accused is convicted, adjudge an appropriate sentence. The military judge shall make a general finding, unless requested to make a special finding of facts. If an opinion or memorandum decision is filed, it is sufficient if the findings of fact appear therein.

(Added to NRS by 1967, 1324 ; A 1973, 136 ; 2013, 1129 )

NRS 412.4375

NRS

412.4375

Appeals by State.

In a trial by court-martial in which a punitive discharge may be adjudged, the State may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial, provided that the finding is not made in reconsideration of a sentence or a finding of guilty. The State may appeal the following:

(a) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;

(b) An order or ruling which excludes evidence that is substantial proof of a fact material to the proceeding;

(d) An order or ruling which imposes sanctions for nondisclosure of classified information;

(e) A refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information; and

(f) A refusal by the military judge to enforce an order described in paragraph (e) that has been previously issued by appropriate authority.

An appeal of an order or ruling by the State may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours after the order or ruling. Such notice must include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
The State must diligently prosecute an appeal under this section as provided by law.
An appeal under this section must be forwarded to the court prescribed in this Code. In ruling on an appeal under this section, the court may act only with respect to matters of law.
Any period of delay resulting from an appeal under this section must be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

(Added to NRS by 2013, 1100 )

NRS 412.582

NRS

412.582

Presumption of jurisdiction.

The jurisdiction of the military courts and boards established by this Code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.

(Added to NRS by 1967, 1338 )

NRS 417.0187

NRS

417.0187

Determination and certification by Federal Government deemed proof of status as veteran with a service-connected disability.

Notwithstanding any provision of state law to the contrary, for the purpose of determining the eligibility for any benefit, program or assistance provided by the State or a local government to a veteran, or a business owned or operated by a veteran, with a service-connected disability:

The veteran shall be deemed to be a veteran with a service-connected disability to the extent determined by the Federal Government; and
A certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates that the veteran has incurred a service-connected disability and which indicates the total percentage or compensation of that disability is sufficient evidence:

(a) That the veteran has incurred a service-connected disability; and

(b) Of the total percentage or compensation of the service-connected disability.

(Added to NRS by 2017, 1132 )

INTERAGENCY COUNCIL ON VETERANS AFFAIRS

NRS 422.27171

NRS

422.27171

State Plan for Medicaid: Inclusion of authorization for pregnant women determined to be presumptively eligible for Medicaid to enroll in Medicaid for prescribed period without submitting application for enrollment which includes additional proof of eligibility; inclusion of authorization for pregnant women with certain household incomes to enroll in Medicaid; prohibition against inclusion of residency period requirement for enrollment in Medicaid by certain pregnant women.

The Director shall, to the extent authorized by federal law, include in the State Plan for Medicaid authorization for a pregnant woman who is determined by a qualified provider to be presumptively eligible for Medicaid to enroll in Medicaid until the last day of the month immediately following the month of enrollment without submitting an application for enrollment in Medicaid which includes additional proof of eligibility.
To the extent that money is available, the Director shall, to the extent authorized by federal law, include in the State Plan for Medicaid authorization for a pregnant woman whose household income is at or below 200 percent of the federally designated level signifying poverty to enroll in Medicaid.
Unless otherwise required by federal law, the Director shall not include in the State Plan for Medicaid a requirement that a pregnant woman who resides in this State and who is otherwise eligible for Medicaid must reside in the United States for a prescribed period of time before enrolling in Medicaid.
As used in this section, qualified provider has the meaning ascribed to it in 42 U.S.C. § 1396r-1(b)(2).

(Added to NRS by 2021, 2565 , 3635 )

NRS 422.27177

NRS

422.27177

State Plan for Medicaid: Inclusion of coverage for doula services provided by enrolled doula; application for waiver or amendment related to doula services; requirements for enrollment as doula; program to provide incentive payments for enrolled doulas.

The Director shall, to the extent authorized by federal law, include under Medicaid coverage for doula services provided by an enrolled doula.
The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 or apply for an amendment of the State Plan for Medicaid that authorizes the Department to receive federal funding to provide coverage of doula services provided by an enrolled doula. The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to this section.
A person who wishes to receive reimbursement through the Medicaid program for doula services provided to a recipient of Medicaid must submit to the Division:

(a) An application for enrollment in the form prescribed by the Division; and

(b) Proof that he or she possesses the required training and qualifications prescribed by the Division pursuant to subsection 4.

The Division, in consultation with community-based organizations that provide services to pregnant women in this State, shall prescribe the required training and qualifications for enrollment pursuant to subsection 3 to receive reimbursement through Medicaid for doula services.
The Department may establish a program to provide incentive payments for enrolled doulas who provide doula services to recipients of Medicaid in rural areas of this State.
As used in this section:

(a) Doula services means services to provide education and support relating to childbirth, including, without limitation, emotional and physical support provided during pregnancy, labor, birth and the postpartum period.

(b) Enrolled doula means a doula who is enrolled with the Division pursuant to this section to receive reimbursement through Medicaid for doula services.

(Added to NRS by 2021, 2620 , 3636 ; A 2023, 2928 )

NRS 422.27495

NRS

422.27495

Contracts for provision of certain transportation services for recipients of Medicaid and recipients of services pursuant to Childrens Health Insurance Program; regulations.

The Department shall, to the extent authorized by federal law, contract with a common motor carrier, a contract motor carrier or a broker for the provision of transportation services to recipients of Medicaid traveling to and returning from providers of services under the State Plan for Medicaid.
The Department may, to the extent authorized by federal law, contract with a common motor carrier, a contract motor carrier or a broker for the provision of transportation services to recipients of services pursuant to the Childrens Health Insurance Program traveling to and returning from providers of services under the Childrens Health Insurance Program.
The Director may adopt regulations concerning the qualifications of persons who may contract with the Department to provide transportation services pursuant to this section.
The Director shall:

(a) Require each motor carrier that has contracted with the Department to provide transportation services pursuant to this section to submit proof to the Department of a liability insurance policy, certificate of insurance or surety which is substantially equivalent in form to and is in the same amount or in a greater amount than the policy, certificate or surety required by the Department of Motor Vehicles pursuant to NRS 706.291 for a similarly situated motor carrier; and

(b) Establish a program, with the assistance of the Nevada Transportation Authority of the Department of Business and Industry, to inspect the vehicles which are used to provide transportation services pursuant to this section to ensure that the vehicles and their operation are safe.

As used in this section:

(a) Broker has the meaning ascribed to it in NRS 706.021 .

(b) Common motor carrier has the meaning ascribed to it in NRS 706.036 .

(Added to NRS by 2005, 735 ; A 2011, 2469 ; 2013, 1316 )

NRS 422.277

NRS

422.277

Hearing: Rights of parties; informal disposition; record; transcribing of oral proceedings; findings of fact; certain employees or representatives of Division prohibited from participating in decision.

At any hearing held pursuant to the provisions of subsection 2 of NRS 422.276 , opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.
Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.
The record of a hearing must include:

(a) All pleadings, motions and intermediate rulings.

(b) Evidence received or considered.

(d) Any decision, opinion or report by the hearing officer presiding at the hearing.

Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.
Findings of fact must be based exclusively on substantial evidence.
Any employee or other representative of the Division who investigated or made the initial decision to deny, modify or cancel benefits provided pursuant to Medicaid or the Childrens Health Insurance Program shall not participate in the making of any decision made pursuant to the hearing.

(Added to NRS by 1985, 855 ; A 1993, 2064 ; 1999, 2229 ; 2001, 158 ; 2013, 1305 )

NRS 422.279

NRS

422.279

Judicial review: Taking of additional evidence; limitations on review; grounds for reversal; appeal to appellate court.

Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court. The Department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the Department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.
The court shall not substitute its judgment for that of the Department as to the weight of the evidence on questions of fact. The court may affirm the decision of the Department or remand the case for further proceedings. The court may reverse the decision and remand the case to the Department for further proceedings if substantial rights of the appellant have been prejudiced because the Departments findings, inferences, conclusions or decisions are:

(a) In violation of constitutional, regulatory or statutory provisions;

(b) In excess of the statutory authority of the Department;

(d) Affected by other error of law;

(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

An aggrieved party may obtain review of any final judgment of the district court by appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6

of the Nevada Constitution. The appeal must be taken in the manner provided for civil cases.

(Added to NRS by 1985, 856 ; A 1999, 2230 ; 2013, 1781 )

NRS 424.034

NRS

424.034

Maintenance of certain records concerning employees and residents.

Each applicant for a license to conduct a foster home and each person licensed to conduct a foster home shall maintain records of the information concerning its employees and any residents of the foster home who are 18 years of age or older that is collected pursuant to NRS 424.031 , 424.033 and 424.0335 , including, without limitation:

(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History and a copy of the written authorization that was provided by the employee or resident;

(b) Proof that the fingerprints of the employee or resident were submitted to the Central Repository; and

The records maintained pursuant to subsection 1 must be:

(a) Maintained for the period of the employees employment with or residents presence at the foster home; and

(b) Made available for inspection by the licensing authority or its approved designee at any reasonable time, and copies thereof must be furnished to the licensing authority upon request.

(Added to NRS by 2011, 3544 )

NRS 424.274

NRS

424.274

Application for license; regulations; acceptance of gifts, grants and donations.

To obtain a license to operate a receiving center, a person or entity must submit an application to the Division in the form prescribed by the Division. The application must include, without limitation, proof that the applicant is capable of providing or making available the services required by NRS 424.275 .
The Division shall adopt regulations governing receiving centers, which must include, without limitation:

(a) Requirements for the issuance and renewal of a license;

(b) The fee for the issuance and renewal of a license;

(c) Requirements governing the staffing of a receiving center and the required training for the staff of a receiving center;

(d) Requirements concerning the operation of a receiving center and the facility in which a receiving center operates; and

(e) Grounds for the suspension or revocation of a license or the imposition of other disciplinary action against a receiving center, the disciplinary actions that may be imposed and the procedure for imposing such disciplinary action.

The Division or an agency which provides child welfare services may accept gifts, grants and donations for the purposes of:

(a) Establishing, promoting the establishment of and operating receiving centers; and

(b) Paying for services provided by a receiving center.

(Added to NRS by 2021, 2645 )

NRS 425.510

NRS

425.510

Reporting to Department of Motor Vehicles and Department of Wildlife names of persons who failed to pay support or comply with certain subpoenas or warrants; request for hearing; good faith effort to resolve matter required; plan for repayment of arrearages. [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.]

Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who:

(a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Is in arrears in the payment for the support of one or more children.

Ê The notice must include the information set forth in subsection 2 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

If the person does not, within 30 days after the person receives the notice required by subsection 1:

(a) Comply with the subpoena or warrant;

(b) Satisfy the arrearage pursuant to NRS 425.560 ; or

Ê the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles and to the Department of Wildlife.

Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.
If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required pursuant to subsection 3, a hearing must be held pursuant to NRS 425.3832 . The master shall notify the person of the recommendation of the master at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child, the master shall include in the notice the information set forth in subsection 5. If the master determines that the person is in arrears in the payment for the support of one or more children, the master shall include in the notice the information set forth in subsection 6.
If the master determines that a person who requested a hearing pursuant to subsection 2 has not complied with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles and to the Department of Wildlife.
If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of one or more children, the master shall notify the person that if the person does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, the drivers license and motorcycle drivers license of the person and any license or permit to hunt, fish or trap issued by the Department of Wildlife to the person pursuant to chapters 502

and 503 of NRS, may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles and to the Department of Wildlife.

The district attorney or other public agency shall, within 5 days after the person who has failed to comply with a subpoena or warrant or is in arrears in the payment for the support of one or more children complies with the subpoena or warrant or satisfies the arrearage pursuant to NRS 425.560 , notify the Department of Motor Vehicles and the Department of Wildlife that the person has complied with the subpoena or warrant or has satisfied the arrearage.
For the purposes of this section, a person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at the last known address of the person.

(Added to NRS by 1995, 949 ; A 1997, 2028 ; 1999, 520 ; 2001, 2609 ; 2007, 261 ; 2019, 387 )

NRS

425.510

Reporting to Department of Motor Vehicles names of persons who failed to pay support; request for hearing; good faith effort to resolve matter required; plan for repayment of arrearages. [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.]

Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who is in arrears in the payment for the support of one or more children. The notice must include the information set forth in subsection 2 and a statement of the amount of the arrearage.
If the person does not, within 30 days after the person receives the notice required by subsection 1:

(a) Satisfy the arrearage pursuant to subsection 7; or

(b) Submit to the district attorney or other public agency a written request for a hearing,

Ê the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.

Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.
If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required pursuant to subsection 3, a hearing must be held pursuant to NRS 425.3832 . The master shall notify the person of the recommendation of the master at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person is in arrears in the payment for the support of one or more children, the master shall include in the notice the information set forth in subsection 5.
If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of one or more children, the master shall notify the person that if the person does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, the drivers license and motorcycle drivers license of the person may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.
The district attorney or other public agency shall, within 5 days after the person who is in arrears in the payment for the support of one or more children satisfies the arrearage pursuant to subsection 7, notify the Department of Motor Vehicles that the person has satisfied the arrearage.
For the purposes of this section:

(a) A person is in arrears in the payment for the support of one or more children if:

(1) The person:

(I) Owes a total of more than $1,000 for the support of one or more children for which payment is past due; and

(II) Is delinquent for not less than 2 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments; or

(2) The person has failed to provide medical insurance for a child as required by a court order.

(b) A person who is in arrears in the payment for the support of one or more children may satisfy the arrearage by:

(1) Paying all of the past due payments;

(2) If the person is unable to pay all past due payments:

(I) Paying the amounts of the overdue payments for the preceding 12 months which a court has determined are in arrears; or

(II) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order; or

(3) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

(c) A person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at the last known address of the person.

(Added to NRS by 1995, 949 ; A 1997, 2028 , 2030 ;

1999, 520 ; 2001, 2609 ; 2007, 261 , 262 , 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 425.560

NRS

425.560

Determination that person is in arrears in payments for support; satisfaction of arrearage. [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.]

For the purposes of NRS 425.500 to 425.560 , inclusive:

A person is in arrears in the payment for the support of one or more children if:

(a) The person:

(1) Owes a total of more than $1,000 for the support of one or more children for which payment is past due; and

(2) Is delinquent for not less than 2 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments; or

(b) The person has failed to provide medical insurance for a child as required by a court order.

A person who is in arrears in the payment for the support of one or more children may satisfy the arrearage by:

(a) Paying all of the past due payments;

(b) If the person is unable to pay all past due payments:

(1) Paying the amounts of the overdue payments for the preceding 12 months which a court has determined are in arrears; or

(2) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order; or

(c) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

(Added to NRS by 1997, 2027 ; A 2005, 2807 )

NRS

425.560

Determination that person is in arrears in payments for support; satisfaction of arrearage. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

For the purposes of NRS 425.520 to 425.560 , inclusive:

A person who is issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS is in arrears in the payment for the support of one or more children if:

(a) The person:

(1) Owes a total of more than $1,000 for the support of one or more children for which payment is past due; and

(2) Is delinquent for not less than 2 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments; or

(b) The person has failed to provide medical insurance for a child as required by a court order.

A person who is in arrears in the payment for the support of one or more children pursuant to subsection 1 may satisfy the arrearage by:

(a) Paying all of the past due payments;

(b) If the person is unable to pay all past due payments:

(1) Paying the amounts of the overdue payments for the preceding 12 months which a court has determined are in arrears; or

(2) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order; or

(c) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

(Added to NRS by 1997, 2027 ; A 2005, 2807 ; 2021, 1619 , 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)

GUIDELINES FOR SUPPORT OF CHILDREN

NRS 433.635

NRS

433.635

Expedited certificate by endorsement: Requirements; procedure for issuance. [Effective on the date on which the Nevada Certification Board, or its successor organization, ceases certifying peer recovery support specialists or peer recovery support specialist supervisors.]

The Division may issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant holds a corresponding valid and unrestricted license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in the District of Columbia or any state or territory of the United States.
An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:

(a) Proof satisfactory to the Division that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) Any other information required by the Division.

Not later than 15 business days after the Division receives an application for a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, to the applicant not later than 45 days after receiving the application.

(Added to NRS by 2021, 2812 , effective on the date on which the Nevada Certification Board, or its successor organization, ceases certifying peer recovery support specialists or peer recovery support specialist supervisors)

NRS 433.636

NRS

433.636

Expedited certificate by endorsement for active member of Armed Forces, members spouse, veteran or veterans surviving spouse: Requirements; procedure for issuance; provisional certificate pending application. [Effective on the date on which the Nevada Certification Board, or its successor organization, ceases certifying peer recovery support specialists or peer recovery support specialist supervisors.]

The Division may issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant:

(a) Holds a corresponding valid and unrestricted license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the spouse, widow or widower of a veteran.

An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:

(a) Proof satisfactory to the Division that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) Any other information required by the Division.

Not later than 15 business days after the Division receives an application for a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Division to complete the application.
At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Division may grant a provisional certificate authorizing an applicant to practice as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in accordance with regulations adopted by the Board.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2021, 2813 , effective on the date on which the Nevada Certification Board, or its successor organization, ceases certifying peer recovery support specialists or peer recovery support specialist supervisors)

NRS 440.620

NRS

440.620

Proof required for filing of delayed certificate.

The acceptance for filing of any certificate by the State Registrar more than 1 year after the time prescribed for its filing shall be subject to regulations in which the Board shall prescribe in detail the proofs to be submitted by any applicant for delayed filing of a certificate.

[42:199:1911; added 1941, 381 ; A 1943, 204 ; 1943 NCL § 5268.11]—(NRS A 2013, 149 )

NRS 442.1192

NRS

442.1192

Subsidy authorized for provider of prenatal care in county or community that lacks services for such care.

A provider of prenatal care who provides services to pregnant women, or a health officer acting on behalf of a provider of prenatal care who provides services to pregnant women, in a county or community that lacks services for prenatal care may submit an application to the University of Nevada School of Medicine for a grant to subsidize a portion of the malpractice insurance of the provider of prenatal care who provides services to pregnant women in the county or community.
A county or community lacks services for prenatal care if at least one of the following conditions is present:

(a) A provider of prenatal care does not offer services to pregnant women within the county or the community.

(b) Fifty percent or more of the live births to women who are residents of the county occur outside the county.

(c) The percentage of live births to women in the county or community who received no prenatal care exceeds the percentage of live births to women in the State who received no prenatal care.

(d) The percentage of live births of babies with low birthweight to women in the county or community is higher than the percentage of live births of babies with low birthweight to women in the State.

If a county or district health officer applies for a grant on behalf of a provider of prenatal care, the county or district health officer must provide proof of the financial contribution by the county or district for the provision of prenatal services for women who do not qualify for reimbursement pursuant to the State Plan for Medicaid.

(Added to NRS by 1991, 2159 ; A 1997, 1255 ; 2003, 20th Special Session, 275 )

NRS 442.910

NRS

442.910

Publication of list of entities that accept living donations of birth tissue; provision of list to pregnant patient.

The Division shall publish on an Internet website maintained by the Division a list of entities that accept living donations of birth tissue made in a hospital or freestanding birthing center in this State. To be included on the list, an entity must submit to the Division:

(a) A request that the entity be included on the list; and

(b) Proof of accreditation by the American Association of Tissue Banks, or its successor organization, for the acquisition, collection or recovery of birth tissue. Such proof must include, without limitation, the date on which the accreditation expires.

The Division shall remove an entity from the list published pursuant to subsection 1 on the date on which the accreditation described in paragraph (b) of subsection 1 expires, unless the entity submits to the Division proof that the accreditation has been renewed.
The Division may post on the Internet website maintained pursuant to subsection 1 information concerning:

(a) The manner in which a patient who is pregnant may make a living donation of birth tissue to an entity included on the list published pursuant to subsection 1; and

(b) Federal and state laws and regulations governing the living donation of birth tissue.

A hospital or physician practicing in the area of obstetrics and gynecology shall provide to any patient who is pregnant:

(a) A link to the Internet website maintained pursuant to subsection 1; or

(b) A printed version of the list published pursuant to subsection 1 that was printed not more than 3 months before the provision of the list.

As used in this section:

(a) Birth tissue means tissue derived from a live birth.

(b) Live birth has the meaning ascribed to it in NRS 440.030 .

(Added to NRS by 2023, 414 )

NRS 444.140

NRS

444.140

Air space in bunkhouse or tent; bunk, bed or mattress to be supplied to employee.

Every bunkhouse, tent or other sleeping place used for the purpose of a lodging or sleeping apartment in such camp shall contain sufficient air space to insure an adequate supply of fresh air for each person occupying such bunkhouse, tent or other sleeping place.
Suitable bunks or beds shall be provided for all employees. Such bunks or beds shall be made of steel, canvas or other sanitary material, and shall be so constructed as to afford reasonable comfort to the persons occupying the same. A clear space of at least 20 inches extending from the floor to the ceiling or roof of any bunkhouse, tent or other sleeping place must be allowed between each bed or bunk in any bunkhouse, tent or sleeping place.
Upon the request of an employee, he or she must be supplied with a mattress or some equally comfortable bedding for which a reasonable charge may be made, the same to be deducted from the employees wages. When straw or other substitute for a mattress is used, a container or tick must be provided.

[2:47:1923; NCL § 2817]

NRS 444.630

NRS

444.630

Prohibited acts; criminal penalty; clean up of dump site; community service; timing of commencement of clean up; proof of lawful disposal; revocation of business license or registration; identification of violator; persons required to enforce provisions; issuance of citation; request for and provision of information.

A person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property, is guilty of:

(a) Except as otherwise provided in paragraph (c), for a first offense within the immediately preceding 2 years, a misdemeanor.

(b) Except as otherwise provided in paragraph (c), for a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 14 days but not more than 364 days.

(c) Except as otherwise provided in this paragraph, for a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for 364 days. If, within the immediately preceding 4 years, a person commits three or more offenses that involve placing, depositing or dumping, or causing to be placed, deposited or dumped, any cesspool or septic tank effluent or solid waste, the person is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.

For the purposes of subsection 1, an offense that occurred within 2 or 4 years, as applicable, immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
In addition to any criminal penalty imposed pursuant to subsection 1, any civil penalty imposed pursuant to NRS 444.635 and any administrative penalty imposed pursuant to NRS 444.629 , a court shall sentence a person convicted of violating subsection 1:

(a) If the person is a natural person, to clean up the dump site and perform 10 hours of community service under the conditions prescribed in NRS 176.087 .

(b) If the person is a business entity:

(1) Except as otherwise provided in subparagraph (2), for a first or second offense within the immediately preceding 2 years, to:

(I) Clean up the dump site; and

(II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.

(2) For a third or subsequent offense within the immediately preceding 2 or 4 years, as applicable pursuant to paragraph (c) of subsection 1, to:

(I) Clean up the dump site; and

(II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.

If a person is sentenced to clean up a dump site pursuant to subsection 3, the person shall:

(a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and

(b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.

Ê The solid waste management authority shall prescribe the forms of proof which may be provided to satisfy the provisions of paragraph (b).

In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:

(a) Such violation constitutes reasonable grounds for the revocation of any license or registration to engage in business that has been issued to the business entity by any governmental entity of this State; and

(b) The solid waste management authority may seek the revocation of such a license or registration by way of any applicable procedures established by the governmental entity that issued the license or registration.

Except as otherwise provided in NRS 444.585 , ownership of solid waste does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any solid waste which is disposed of in violation of subsection 1 creates a reasonable inference that the owner is the person who disposed of the solid waste. The fact that the disposal of the solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.
All:

(a) Health officers and their deputies;

(b) Game wardens;

(d) Sheriffs and their deputies;

(e) Other peace officers of the State of Nevada; and

(f) Other persons who are specifically designated by the local government to do so,

Ê shall, within their respective jurisdictions, enforce the provisions of this section.

A district health officer or a deputy of the district health officer or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within the jurisdiction of the district health officer.
To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:

(a) Agency of the State or its political subdivisions.

(b) Employer, public or private.

(d) Financial institution or other entity which is in the business of providing credit reports.

(e) Public utility.

Ê Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection 1. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

[1:83:1953] + [2:83:1953]—(NRS A 1957, 262 ; 1967, 580 ; 1969, 126 ; 1981, 858 ; 1983, 856 ; 1989, 484 ; 1991, 1672 ; 1993, 814 ; 2001, 1235 , 1920 ;

2001 Special Session, 141 ; 2003, 111 , 113 ;

2013, 985 , 1220 )

NRS 449.0915

NRS

449.0915

Endorsement of hospital as crisis stabilization center: Issuance; application; requirements; renewal.

The Division may issue an endorsement as a crisis stabilization center to the holder of a license to operate a hospital that meets the requirements of this section.
A hospital that wishes to obtain an endorsement as a crisis stabilization center must submit an application in the form prescribed by the Division which must include, without limitation, proof that the applicant meets the requirements of subsection 3.
An endorsement as a crisis stabilization center may only be issued if the hospital to which the endorsement will apply:

(a) Operates in accordance with established administrative protocols, evidence-based protocols for providing treatment and evidence-based standards for documenting information concerning services rendered and recipients of such services in accordance with best practices for providing crisis stabilization services;

(b) Delivers crisis stabilization services:

(1) To patients in an area devoted to crisis stabilization or detoxification before releasing the patient into the community, referring the patient to another facility or transferring the patient to a bed within the hospital for short-term treatment, if the hospital has such beds;

(2) In accordance with best practices for the delivery of crisis stabilization services; and

(3) In a manner that promotes concepts that are integral to recovery for persons with behavioral health issues, including, without limitation, hope, personal empowerment, respect, social connections, self-responsibility and self-determination;

(c) Employs peer recovery support specialists, as defined in NRS 433.627 , to provide peer recovery support services, as defined in NRS 433.626 , when appropriate;

(d) Uses a data management tool to collect and maintain data relating to admissions, discharges, diagnoses and long-term outcomes for recipients of crisis stabilization services;

(e) Accepts all patients, without regard to:

(1) The race, ethnicity, gender, socioeconomic status, sexual orientation or place of residence of the patient;

(2) Any social conditions that affect the patient;

(3) The ability of the patient to pay; or

(4) Whether the patient is admitted voluntarily to the hospital pursuant to NRS 433A.140 or admitted to the hospital under an emergency admission pursuant to NRS 433A.162 ;

(f) Performs an initial assessment on any patient who presents at the hospital, regardless of the severity of the behavioral health issues that the patient is experiencing;

(g) Has the equipment and personnel necessary to conduct a medical examination of a patient pursuant to NRS 433A.165 ; and

(h) Considers whether each patient would be better served by another facility and transfer a patient to another facility when appropriate.

Crisis stabilization services that may be provided pursuant to paragraph (b) of subsection 3 may include, without limitation:

(a) Case management services, including, without limitation, such services to assist patients to obtain housing, food, primary health care and other basic needs;

(b) Services to intervene effectively when a behavioral health crisis occurs and address underlying issues that lead to repeated behavioral health crises;

(d) Coordination of aftercare for patients, including, without limitation, at least one follow-up contact with a patient not later than 72 hours after the patient is discharged.

An endorsement as a crisis stabilization center must be renewed at the same time as the license to which the endorsement applies. An application to renew an endorsement as a crisis stabilization center must include, without limitation:

(a) The information described in subsection 3; and

(b) Proof that the hospital is a rural hospital or rural emergency hospital or is accredited by the Commission on Accreditation of Rehabilitation Facilities, the Center for Improvement in Healthcare Quality, DNV GL Healthcare, the Accreditation Commission for Health Care or the Joint Commission, or their successor organizations.

As used in this section, crisis stabilization services means behavioral health services designed to:

(a) De-escalate or stabilize a behavioral crisis, including, without limitation, a behavioral health crisis experienced by a person with a co-occurring substance use disorder; and

(b) When appropriate, avoid admission of a patient to another inpatient mental health facility or hospital and connect the patient with providers of ongoing care as appropriate for the unique needs of the patient.

(Added to NRS by 2019, 1918 ; A 2021, 238 , 2826 ,

3110 ;

2023, 2935 )

NRS 449.123

NRS

449.123

Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty.

Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate a facility, hospital, agency, program or home shall:

(a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whether he or she has been convicted of any crime listed in NRS 449.174 ;

(b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

(c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;

(d) Obtain from the employee, employee of the temporary employment service or independent contractor one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each employee, employee of a temporary employment service or independent contractor to determine whether the person has been convicted of any crime listed in NRS 449.174 ; and

(f) If an Internet website has been established pursuant to NRS 439.942 :

(1) Screen the employee, employee of the temporary employment service or independent contractor using the Internet website. Upon request of the Division, proof that the employee, temporary employee or independent contractor was screened pursuant to this subparagraph must be provided to the Division.

(2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.

The administrator of, or the person licensed to operate, a facility, hospital, agency, program or home is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449.174 .
The administrator of, or the person licensed to operate, a facility, hospital, agency, program or home is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:

(a) The employee, employee of the temporary employment service or independent contractor agrees to allow the administrator of, or the person licensed to operate, a facility, hospital, agency, program or home to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in NRS 449.174 ;

(b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(c) The report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449.174 .

The administrator of, or the person licensed to operate, a facility, hospital, agency, program or home shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at the facility, hospital, agency, program or home:

(a) Except as otherwise provided in subsection 2, is completed as soon as practicable, and if residential services are provided to children or the facility is a psychiatric hospital that provides inpatient services to children or a psychiatric residential treatment facility, before the employee, employee of the temporary employment service or independent contractor provides any care or services to a child in the facility, hospital, agency, program or home without supervision; and

(b) At least once every 5 years after the date of the initial investigation.

The administrator or person shall, when required:

(a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;

(b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History.

Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in NRS 449.174 and immediately inform the Division and the administrator of, or the person licensed to operate, the facility, hospital, agency, program or home at which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.
The Central Repository for Nevada Records of Criminal History may impose a fee upon a facility, hospital, agency, program or home that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The facility, hospital, agency, program or home may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the facility, hospital, agency, program or home requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The facility, hospital, agency, program or home may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. A facility, hospital, agency, program or home shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services at the facility, hospital, agency, program or home based upon the results of an investigation conducted pursuant to this section.
Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in NRS 449.174 , is guilty of a misdemeanor.

(Added to NRS by 1997, 442 ; A 1999, 1946 ; 2005, 2170 ; 2009, 504 ; 2011, 3556 ; 2013, 2890 ; 2017, 1902 )

NRS 449.1235

NRS

449.1235

Temporary employment service prohibited from sending ineligible employee to facility, hospital, agency, program or home; temporary employment service to provide certain information regarding its employees.

A temporary employment service shall not send an employee to provide services to a facility, hospital, agency, program or home if the temporary employment service has received notice from a facility, hospital, agency, program or home that the employee of the temporary employment service is ineligible to provide such services.
A facility, hospital, agency, program or home that enters into an agreement with a temporary employment service to provide services for the facility, hospital, agency, program or home on a temporary basis must require the temporary employment service to:

(a) Provide proof that each employee of the temporary employment service whom it may send to provide services to the facility, hospital, agency, program or home has been continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to NRS 449.123 ; and

(b) Notify the facility, hospital, agency, program or home if the investigation conducted of an employee of the temporary employment service pursuant to NRS 449.123

has not been conducted within the immediately preceding 5 years.

(Added to NRS by 2013, 2889 )

NRS 449.124

NRS

449.124

Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home.

Each facility, hospital, agency, program or home shall maintain records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to NRS 449.123 , including, without limitation:

(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;

(b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and

The records maintained pursuant to subsection 1 must be:

(a) Maintained for the period of the employment of the person with the facility, hospital, agency, program or home; and

(b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.

If an Internet website has been established pursuant to NRS 439.942 , a facility, hospital, agency, program or home shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.
The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to NRS 449.122 and 449.123 to notify a facility, hospital, agency, program or home and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to NRS 449.122 or 449.123 .

(Added to NRS by 1997, 443 ; A 1999, 1947 ; 2005, 2171 ; 2009, 505 ; 2011, 3558 ; 2013, 2893 )

NRS 449.203

NRS

449.203

Designation of hospital as comprehensive or primary stroke center; Division to maintain list of hospitals so designated; regulations.

A hospital licensed pursuant to NRS 449.029 to 449.2428 , inclusive, may submit to the Division proof that the hospital is certified as a comprehensive or primary stroke center by the Joint Commission, its successor organization or an equivalent organization approved by the Division. Upon receiving proof that a hospital is certified as a comprehensive or primary stroke center, the Division shall include the hospital on the list established pursuant to subsection 2.
On or before July 1 of each year, the Division shall post a list of the hospitals designated as comprehensive or primary stroke centers on an Internet website maintained by the Division.
If a hospital wishes to be included as a comprehensive or primary stroke center on the list established pursuant to subsection 2, the hospital must annually resubmit the proof required pursuant to this section.
The Division may remove a hospital from the list established pursuant to subsection 2 if the certificate recognizing the hospital as a comprehensive or primary stroke center issued by the Joint Commission, its successor organization or an equivalent organization, as applicable, is suspended or revoked.
A hospital that is not included on the list established pursuant to subsection 2 as a comprehensive or primary stroke center shall not represent, advertise or imply that the hospital is designated as a comprehensive or primary stroke center.
A hospital that is included on the list established pursuant to subsection 2 as a comprehensive or primary stroke center shall report to the Stroke Registry all consensus measures prescribed by the Paul Coverdell National Acute Stroke Registry of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Joint Commission, the American Heart Association and the American Stroke Association.
The provisions of this section do not prohibit a hospital that is licensed pursuant to NRS 449.029 to 449.2428 , inclusive, from providing care to a victim of stroke if the hospital does not have a designation as a comprehensive or primary stroke center.
The Board may adopt regulations to carry out the provisions of this section and to designate hospitals with similar certifications which are recognized by the Joint Commission, its successor organization or an equivalent organization.
As used in this section, Stroke Registry means the Stroke Registry established pursuant to NRS 439.5295 .

(Added to NRS by 2011, 1363 ; A 2015, 249 )

NRS 449.2035

NRS

449.2035

Designation of hospital as STEMI receiving center; Division to maintain list of hospitals so designated; regulations.

A hospital licensed pursuant to NRS 449.029 to 449.2428 , inclusive, may submit to the Division proof that the hospital is accredited as a STEMI receiving center. Upon receiving proof that a hospital is accredited as a STEMI receiving center, the Division shall include the hospital on the list established pursuant to subsection 2.
On or before July 1 of each year, the Division shall post a list of all hospitals designated as STEMI receiving centers on an Internet website maintained by the Division.
If a hospital wishes to be included as a STEMI receiving center on the list established pursuant to subsection 2, the hospital must annually resubmit the proof required pursuant to this section.
The Division may remove a hospital from the list established pursuant to subsection 2 if the accreditation recognizing the hospital as a STEMI receiving center is suspended or revoked.
A hospital that is not included on the list established pursuant to subsection 2 shall not represent, advertise or imply that the hospital is designated as a STEMI receiving center.
The provisions of this section do not prohibit a hospital that is licensed pursuant to NRS 449.029 to 449.2428 , inclusive, from providing care to a victim of a heart attack if the hospital does not have a designation as a STEMI receiving center.
The Board may adopt regulations to carry out the provisions of this section and to designate hospitals with accreditations similar to those required for designation as a STEMI receiving center.
As used in this section:

(a) STEMI means a myocardial infarction as indicated by an abnormal elevation of the ST segment of an electrocardiogram that is administered to a patient.

(b) STEMI receiving center means a hospital that is accredited by the Society of Cardiovascular Patient Care, in conjunction with the initiative developed by the American Heart Association known as the Mission: Lifeline initiative, or an equivalent organization approved by the Division, as having met specific standards of performance in the receipt and treatment of a patient with STEMI.

(Added to NRS by 2013, 507 )

NRS 449.245

NRS

449.245

Release of child from hospital; provision of authorization for release and other information to Division of Child and Family Services; disclosure of information; penalty.

No hospital licensed under the provisions of NRS 449.029 to 449.2428 , inclusive, may release from the hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to the hospital, to any person other than a parent, guardian or relative by blood or marriage of that child, without a written authorization signed by a living parent, who must be the person who gave birth to the child if unwed, or guardian specifying the particular person or agency to whom the child may be released and the permanent address of that person or agency.
Upon the release or other surrender of physical custody of the child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of the written authorization to the Division of Child and Family Services of the Department of Health and Human Services before the release or other surrender by it of physical custody of the child. The copy must be furnished to the Division immediately upon receipt by the hospital.
Any person to whom any such child is released who thereafter surrenders physical custody of that child to any other person or agency shall, upon demand by the Division of Child and Family Services, disclose to the Division the name and permanent address of the person or agency to whom physical custody of the child was delivered.
Except as otherwise provided in NRS 239.0115 , all information received by the Division of Child and Family Services pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information is protected under NRS 432.035 .
Compliance with the provisions of this section is not a substitute for compliance with NRS 127.220 to 127.310 , inclusive, governing placements for adoption and permanent free care.
A violation of any provision of this section is a misdemeanor.

(Added to NRS by 1957, 251 ; A 1961, 739 ; 1963, 962 ; 1967, 1172 ; 1973, 1286 , 1406 ;

1981, 721 ; 1993, 2724 ; 2007, 2109 ; 2021, 3442 )

NRS 449.4329

NRS

449.4329

Initial and periodic investigations of employee, employee of temporary employment service or independent contractor; penalty.

Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the holder of a certificate to operate an intermediary service organization shall:

(b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

(c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;

(f) If an Internet website has been established pursuant to NRS 439.942 :

(2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.

The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of NRS 449.4332 .
The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:

(a) The employee, employee of the temporary employment service or independent contractor agrees to allow the holder of a certificate to operate an intermediary service organization to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in subsection 1 of NRS 449.4332 ;

The holder of a certificate to operate an intermediary service organization shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at or for the intermediary service organization is investigated is completed as soon as practicable and at least once every 5 years after the date of the initial investigation. The holder of the certificate shall, when required:

(a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;

Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in subsection 1 of NRS 449.4332

and immediately inform the Division and the holder of the certificate to operate an intermediary service organization for which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.

The Central Repository for Nevada Records of Criminal History may impose a fee upon an intermediary service organization that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The intermediary service organization may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The intermediary service organization may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. An intermediary service organization shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services to the intermediary service organization based upon the results of an investigation conducted pursuant to this section.
Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in subsection 1 of NRS 449.4332 , is guilty of a misdemeanor.

(Added to NRS by 2013, 131 ; A 2021, 1644 )

NRS 449.43295

NRS

449.43295

Temporary employment service prohibited from sending ineligible employee to organization; temporary employment service to provide certain information regarding its employees.

A temporary employment service shall not send an employee to provide services to an intermediary service organization if the temporary employment service has received notice from a holder of a certificate to operate an intermediary service organization that the employee of the temporary employment service is ineligible to provide such services.
A holder of a certificate to operate an intermediary service organization who enters into an agreement with a temporary employment service to provide services to the intermediary service organization on a temporary basis must require the temporary employment service to:

(a) Provide proof that each employee of the temporary employment service whom it may send to provide services to the intermediary service organization has been continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to NRS 449.4329 ; and

(b) Notify the intermediary service organization if the investigation conducted of an employee of the temporary employment service pursuant to NRS 449.4329 has not been conducted within the immediately preceding 5 years.

(Added to NRS by 2013, 2889 )

NRS 449.433

NRS

449.433

Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor of organization.

Each intermediary service organization shall maintain accurate records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to NRS 449.4329 , including, without limitation:

(a) A copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;

(b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and

The records maintained pursuant to subsection 1 must be:

(a) Maintained for the period of the employment of the person with the intermediary service organization; and

(b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.

If an Internet website has been established pursuant to NRS 439.942 , an intermediary service organization shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.
The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to NRS 449.4329 to notify an intermediary service organization and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to NRS 449.4329 .

(Added to NRS by 2013, 132 )

NRS 449.442

NRS

449.442

Permit required for certain physicians offices and facilities to offer services; national accreditation required; cessation of services for failure to maintain accreditation.

An office of a physician or a facility that provides health care, other than a medical facility, must obtain a permit pursuant to NRS 449.443 before offering to a patient a service of general anesthesia, conscious sedation or deep sedation. An office of a physician or a facility that provides health care, other than a medical facility, which operates at more than one location must obtain a permit for each location where a service of general anesthesia, conscious sedation or deep sedation is offered.
To offer to a patient a service of general anesthesia, conscious sedation or deep sedation in this State, an office of a physician or a facility that provides health care, other than a medical facility, must maintain current accreditation by a nationally recognized organization approved by the Board. Upon receiving an initial permit, the office or facility shall, within 6 months after obtaining the permit, submit proof to the Division of accreditation by such an organization.
If an office of a physician or a facility that provides health care, other than a medical facility, fails to maintain current accreditation or if the accreditation is revoked or is otherwise no longer valid, the office or facility shall immediately cease offering to patients a service of general anesthesia, conscious sedation or deep sedation.

(Added to NRS by 2009, 529 )

NRS 449.444

NRS

449.444

Application for renewal of permit; fee.

The holder of a permit issued pursuant to NRS 449.443 may annually submit to the Division, on a form prescribed by the Division and accompanied by the appropriate fee, an application for renewal of the permit before the date on which the permit expires. The application must include proof satisfactory to the Division that the office or facility maintains current accreditation by a nationally recognized organization approved by the Board.
Upon receipt of an application for renewal and the accompanying fee, the Division may renew a permit.

(Added to NRS by 2009, 529 )

NRS 449.445

NRS

449.445

National accreditation required of surgical center for ambulatory patients; inspection by Division; cessation of operation for failure to maintain accreditation.

To operate in this State, a surgical center for ambulatory patients must maintain current accreditation by a nationally recognized organization approved by the Board. Upon initial licensure, a surgical center for ambulatory patients shall, within 6 months after obtaining its license, submit proof to the Division of the accreditation of the surgical center by such an organization.
Before issuing a license to a surgical center for ambulatory patients, the Division shall conduct an on-site inspection of the surgical center pursuant to NRS 449.446 .
If a surgical center for ambulatory patients fails to maintain current accreditation or if the accreditation is revoked or is otherwise no longer valid, the surgical center shall immediately cease to operate.

(Added to NRS by 2009, 529 )

NRS 451.330

NRS

451.330

Removal of dedication; notice of hearing and proof.

After all remains have been removed from a cemetery in accordance with the provisions of NRS 451.069 to 451.330 , inclusive, the dedication may be removed from all or any part of such cemetery lands by an order and decree of the district court of the county in which the property is situated, in a proceeding brought for that purpose and upon notice of hearing and proof satisfactory to the court:

That all bodies have been removed, or that no interments were made; and
That the property is no longer used or required for interment.

(Added to NRS by 1961, 463 ; A 1979, 1563 ; 2001, 990 )

REMOVAL OF HUMAN REMAINS INTERRED IN RELIGIOUS CEMETERY

NRS 451.635

NRS

451.635

Requirements for licensing of crematories and certification of persons operating crematory equipment.

No person may cremate human remains except in a crematory whose operator is licensed by the Nevada Funeral and Cemetery Services Board.
The licensed operator of a crematory shall ensure that all persons physically operating the crematory equipment have completed a crematory certification program approved by the Board and maintain proof of completion of the program at the site where the crematory equipment operated by the person is located. Such proof of completion must be made available to the Board upon request or as part of any inspection or investigation conducted by the Board.
Except as otherwise provided in subsection 4, if a crematory is proposed to be located in an incorporated city whose population is 60,000 or more or in an unincorporated town that is contiguous to such an incorporated city, the Board shall not issue a license to the applicant unless the proposed location of all structures associated with the crematory are:

(a) In an area which is zoned for mixed, commercial or industrial use; and

(b) At least 1,500 feet from the boundary line of any parcel zoned for residential use.

If a crematory proposes to cremate human remains only through alkaline hydrolysis or natural organic reduction, the Board may issue a license to the applicant regardless of the location if the board of county commissioners of the county or the governing body of the city or town, as applicable, in which the crematory is proposed to be located provides written notice to the Board consenting to the proposed location of the crematory.
The Board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:

(a) The name and address of the applicant and the location or proposed location of the crematory;

(b) A description of the structure and equipment to be used in operating the crematory; and

An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.
The Board shall examine the structure and equipment and, if applicable, the location and shall issue the license if:

(a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715 , inclusive; and

(b) The applicant has paid all fees related to the application.

If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.

(Added to NRS by 1993, 2601 ; A 2003, 1279 ; 2013, 236 ; 2015, 1968 ; 2017, 2735 ; 2023, 416 )

NRS 453.226

NRS

453.226

Requirements for registration; authority of registrant; exemptions and waivers; inspections.

Every practitioner or other person who dispenses any controlled substance within this State or who proposes to engage in the dispensing of any controlled substance within this State shall obtain biennially a registration issued by the Board in accordance with its regulations. A person must present proof that he or she is authorized to access the database of the program established pursuant to NRS 453.162 before the Board may issue or renew a registration.
A person registered by the Board in accordance with the provisions of NRS 453.011 to 453.552 , inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.
The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011

to 453.552 , inclusive:

(a) An agent or employee of a registered dispenser of a controlled substance if he or she is acting in the usual course of his or her business or employment;

(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician, pharmacist registered pursuant to NRS 639.28079

or veterinarian or in lawful possession of a schedule V substance; or

(d) A physician who:

(1) Holds a locum tenens license issued by the Board of Medical Examiners or a temporary license issued by the State Board of Osteopathic Medicine; and

(2) Is registered with the Drug Enforcement Administration at a location outside this State.

The Board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.
A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.
The Board may inspect the establishment of a registrant or applicant for registration in accordance with the Boards regulations.

(Added to NRS by 1971, 2009 ; A 1973, 1204 ; 1979, 1661 ; 1981, 736 , 1958 ;

1991, 1161 , 1653 ;

1993, 2233 ; 1995, 296 , 1718 ;

2001, 409 , 785 ,

796 ;

2007, 1864 ; 2013, 2083 ; 2017, 4407 ; 2023, 1448 , 2358 )

NRS 453.281

NRS

453.281

Burden of proof; immunity of officers from liability.

It is not necessary for the State to negate any exemption or exception in the provisions of NRS 453.011 to 453.552 , inclusive, in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under such sections. The burden of proof of any exemption or exception is upon the person claiming it.
In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under the provisions of NRS 453.011

to 453.552 , inclusive:

(a) The person is presumed not to be the holder of the registration or form; and

(b) The burden of proof is upon the person to rebut the presumption.

No liability is imposed by the provisions of NRS 453.011 to 453.552 , inclusive, upon any authorized state, county or municipal officer engaged in the lawful performance of his or her duties.

(Added to NRS by 1971, 2014 ; A 1973, 1209 ; 2001, 1057 ; 2003, 554 )

NRS 453.311

NRS

453.311

Controlled substances; plants; seizure and forfeiture.

Controlled substances listed in schedule I:

(a) That are possessed, transferred, sold or offered for sale in violation of the provisions of NRS 453.011 to 453.552 , inclusive, are contraband and must be seized and summarily forfeited to the State.

(b) Which are seized or come into the possession of the State, the owners of which are unknown, are contraband and must be summarily forfeited to the State.

Species of plants from which controlled substances in schedules I and II may be derived which have been planted or cultivated in violation of the provisions of NRS 453.011 to 453.552 , inclusive, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the State.
The failure, upon demand by the Division or other law enforcement agency, or the authorized agent of either, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

(Added to NRS by 1971, 2017 ; A 1973, 1212 ; 2001, 1060 ; 2003, 556 )

Offenses and Penalties

NRS 453.3405

NRS

453.3405

Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of factors by court; suspension of sentence of person convicted of trafficking in fentanyl.

Except as otherwise provided in subsections 2 and 4, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385 , 453.3387 or 453.339 must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.
The court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385 , 453.3387 or 453.339 if the court finds that the convicted person rendered substantial assistance in the investigation or prosecution of any offense. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.
Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:

(a) The courts evaluation of the significance and usefulness of the convicted persons assistance, taking into consideration the prosecuting attorneys evaluation of the assistance rendered;

(b) The truthfulness, completeness and reliability of any information or testimony provided by the convicted person;

(d) Any injury suffered or any danger or risk of injury to the convicted person or his or her family resulting from his or her assistance; and

(e) The timeliness of the convicted persons assistance.

The court may suspend the sentence of any person convicted of violating any provision of NRS 453.3387 if the person establishes, by a preponderance of the evidence, that the person did not know that the mixture at issue contained illicitly manufactured fentanyl. If a person convicted of violating any provision of NRS 453.3387

claims that he or she did not know that the mixture at issue contained illicitly manufactured fentanyl, the court shall, at sentencing, make findings of fact and state its reasoning on the record as to whether the person has met the burden of proof pursuant to this subsection.

(Added to NRS by 1983, 288 ; A 1985, 159 ; 2009, 370 ; 2019, 4474 ; 2023, 2894 )

NRS 454.534

NRS

454.534

Burden of proving exception or exemption.

In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of

NRS 454.181 to 454.530 , inclusive, it is not necessary to negate any exception, excuse, proviso or exemption contained in NRS 454.181 to 454.530 , inclusive, and the burden of proof of any such exception, excuse, proviso or exemption is upon the defendant.

(Added to NRS by 1969, 283 ; A 1971, 2029 ; 1973, 1202 ; 1983, 243 )

NRS 458.0255

NRS

458.0255

Expedited certificate by endorsement as detoxification technician: Requirements; procedure for issuance.

Notwithstanding any regulations adopted pursuant to NRS 458.025 , the Division may issue a certificate by endorsement as a detoxification technician to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a detoxification technician in the District of Columbia or any state or territory of the United States.
An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:

(a) Proof satisfactory to the Division that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a certificate as a detoxification technician; and

(4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) Any fee prescribed by the Board pursuant to NRS 458.025 for the issuance of a certificate; and

(e) Any other information required by the Division.

Not later than 15 business days after receiving an application for a certificate by endorsement as a detoxification technician pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a detoxification technician to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after the Division receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

(Added to NRS by 2015, 3039 )

NRS 458.0256

NRS

458.0256

Expedited certificate by endorsement as detoxification technician for active member of Armed Forces, members spouse, veteran or veterans surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

Notwithstanding any regulations adopted pursuant to NRS 458.025 , the Division may issue a certificate by endorsement as a detoxification technician to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant:

(a) Holds a corresponding valid and unrestricted certificate as a detoxification technician in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:

(a) Proof satisfactory to the Division that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as a detoxification technician; and

(4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) Any fee prescribed by the Board pursuant to NRS 458.025 for the issuance of a certificate; and

(e) Any other information required by the Division.

Not later than 15 business days after receiving an application for a certificate by endorsement as a detoxification technician pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a detoxification technician to the applicant not later than:

(a) Forty-five days after receiving all the additional information required by the Division to complete the application; or

(b) Ten days after the Division receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Division may grant a provisional certificate authorizing an applicant to practice as a detoxification technician in accordance with regulations adopted by the Board.
If an applicant submits an application for a certificate by endorsement pursuant to this section, the Division shall collect not more than one-half of any fee prescribed by the Board pursuant to NRS 458.025 for the initial issuance of the certificate.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3920 )

NRS 461.220

NRS

461.220

Power of Division to require tests or proof of compliance.

Whenever there is definite evidence that any material, appliance, device, arrangement, system or method of construction does not conform to the standards set by the regulations of the Division, it may require tests or proof of compliance to be made at the expense of the manufacturer or the manufacturers agent, subject to a right of appeal.

(Added to NRS by 1971, 1313 ; A 1973, 75 ; 1979, 1221 )

NRS 462.160

NRS

462.160

Registration of qualified organization: Application; annual registration; fees; regulations; expenditure of application fees.

Except as otherwise provided in subsection 3, to register with the Chair to operate a charitable lottery or charitable game, a qualified organization must submit to the Chair:

(a) A written application containing:

(1) The name, address and nature of the organization.

(2) Proof that the organization is a qualified organization.

(3) The names of the officers or principals of the organization, and of any person responsible for the management, administration or supervision of the organizations charitable lotteries or charitable games and any activities related to those charitable lotteries or charitable games.

(4) A listing of vendors who will assist with each charitable lottery or charitable game operated by the organization and the services that will be provided.

(5) A description of all the prizes to be offered in each charitable lottery or charitable game operated by the organization.

(6) A summary of the anticipated expenses of conducting each charitable lottery or charitable game, including copies of any proposed agreements between the organization and any suppliers of material for the operation of each charitable lottery or charitable game.

(7) A description of the intended use of the net proceeds of each charitable lottery or charitable game operated by the organization.

(8) The address of the location where each charitable lottery or charitable game will be conducted by the organization.

(9) The operational controls for each charitable lottery or charitable game, including, without limitation:

(I) The methods proposed for ticket sales and, if proposing mobile, online or telephone sales, the procedures for such sales;

(II) The audit controls for all ticket sales in this State to ensure compliance with NRS 462.180 ;

(III) The rules which will be presented to the public for each charitable lottery or charitable game;

(IV) The method of awarding all prizes and announcing all winners to the public; and

(V) The rules and time frames for the collection of all prizes.

(10) A statement verifying that all charitable lotteries or charitable games will be conducted in accordance with the standards of honesty and integrity applicable to licensed gambling games in this State and that any prizes that would be deemed illegal under state or federal law will not be offered.

(11) Any other information the Chair deems appropriate.

(b) All applicable fees established by the Commission by regulation pursuant to subsection 4.

A qualified organization shall submit such additional information as necessary to correct or complete any information submitted pursuant to this section that becomes inaccurate or incomplete. The registration of a qualified organization is suspended during the period that any of the information is inaccurate or incomplete. The Chair may reinstate the registration of the organization only after all information has been corrected and completed.
If the total value of the prizes offered by a qualified organization in the same calendar year is less than $100,000:

(a) The qualified organization must register annually with the Board; and

(b) The regulations adopted by the Commission pursuant to subsection 4 must not impose an annual fee that exceeds $10 on such a qualified organization.

The Commission, upon recommendation by the Board, shall adopt regulations establishing the fees that a qualified organization must submit to the Chair pursuant to this section.
The money collected pursuant to this section must be expended to administer and enforce the provisions of this chapter.

(Added to NRS by 1991, 2259 ; A 2019, 960 ; 2021, 1387 )

NRS 462.310

NRS

462.310

Proof of existence of lottery and issuance of ticket.

Upon a trial for violation of any of the provisions of this chapter, it is not necessary to prove the existence of any lottery in which any lottery ticket purports to have been issued, nor to prove the actual signing of any such ticket or share, or pretended ticket or share of any pretended lottery, nor that any lottery ticket, share or interest was signed or issued by the authority of any manager, or of any person assuming to have authority as manager; but in all cases proof of the sale, furnishing, bartering or procuring of any ticket, share or interest therein, or of any instrument purporting to be a ticket, or part or share of any such ticket, constitutes evidence that such share or interest was signed and issued according to the purport thereof.

(Added to NRS by 1967, 1472 ; A 1991, 2262 )

NRS 463.3084

NRS

463.3084

Gaming enterprise district: Petition for designation of location if within Las Vegas Boulevard gaming corridor or rural Clark County gaming zone; petitioners burden of proof; hearing; limitation on subsequent petition.

In a county whose population is 700,000 or more, any person proposing to operate an establishment not located in a gaming enterprise district may petition the county, city or town having jurisdiction over the location of the proposed establishment to have the location designated a gaming enterprise district.
The petition must not be granted unless the petitioner demonstrates that:

(a) The roads, water, sanitation, utilities and related services to the location are adequate;

(b) The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;

(d) The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630 , inclusive; and

(e) The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area.

Any interested person is entitled to be heard at the hearing held to consider a petition submitted pursuant to this section.
A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.

(Added to NRS by 1989, 1391 ; A 2011, 1281 )

NRS 463.3086

NRS

463.3086

Gaming enterprise district: Petition for designation of location if outside of Las Vegas Boulevard gaming corridor and rural Clark County gaming zone; notice of hearing; hearing; petitioners burden of proof; limitation on subsequent petition.

If the location of a proposed establishment:

(a) Is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and

(b) Is not within a gaming enterprise district,

Ê the Commission shall not approve a nonrestricted license for the establishment unless the location of the establishment is designated a gaming enterprise district pursuant to this section.

If a person is proposing to operate an establishment with a nonrestricted license and the location of the proposed establishment:

(a) Is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone; and

(b) Is not within a gaming enterprise district,

Ê the person may petition the county, city or town having jurisdiction over the location of the proposed establishment to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.

If a person files a petition pursuant to subsection 2, the county, city or town shall, at least 10 days before the date of the hearing on the petition, mail a notice of the hearing to:

(a) Each owner of real property whose property line is less than 2,500 feet from the property line of the proposed establishment;

(b) The owner, as listed on the county assessors records, of each of the 30 separately owned parcels nearest the proposed establishment, to the extent this notice does not duplicate the notice given pursuant to paragraph (a);

(c) Each tenant of a mobile home park whose property line is less than 2,500 feet from the property line of the proposed establishment; and

(d) Any advisory board that represents one or more owners of real property or tenants of a mobile home park whose property line is less than 2,500 feet from the property line of the proposed establishment.

Ê The notice must be written in language that is easy to understand and must set forth the date, time, place and purpose of the hearing and contain a physical description or map of the location of the proposed establishment. The petitioner shall pay the costs of providing the notice that is required by this subsection.

Any interested person is entitled to be heard at the hearing on the petition.
The county, city or town shall cause the hearing on the petition to be reported by a court reporter who is certified pursuant to chapter 656 of NRS. The petitioner shall pay the costs of having the hearing reported.
At the hearing, the petitioner must prove by clear and convincing evidence that:

(a) The roads, water, sanitation, utilities and related services to the location are adequate;

(b) The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;

(d) The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630 , inclusive;

(e) The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area;

(f) Except as otherwise provided in subsection 7, on the date that the petition was filed, the property line of the proposed establishment was not less than:

(1) Five hundred feet from the property line of a developed residential district; and

(2) Fifteen hundred feet from the property line of a public school, private school or structure used primarily for religious services or worship; and

(g) Except as otherwise provided in subsection 7, the proposed establishment will not adversely affect:

(1) A developed residential district; or

(2) A public school, private school or structure used primarily for religious services,

Ê whose property line is within 2,500 feet from the property line of the proposed establishment.

The provisions of paragraphs (f) and (g) of subsection 6 do not apply if:

(a) The location of the proposed establishment consists of 20 or more contiguous acres;

(b) The property line of the proposed establishment is separated by an interstate highway from the property line of any developed residential district, public school, private school or structure used primarily for religious services; and

A three-fourths vote of the governing body of the county, city or town is required to grant the petition to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.
A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.
As used in this section:

(a) Developed residential district means a parcel of land zoned primarily for residential use in which at least one completed residential unit has been constructed on the date that the petitioner files a petition pursuant to this section.

(b) Private school has the meaning ascribed to it in NRS 394.103 .

(Added to NRS by 1997, 1705 ; A 2001, 1453 ; 2023, 2455 )

NRS 463.364

NRS

463.364

Burden of proof on party seeking reconsideration; decision of Board or hearing examiner.

The party seeking reconsideration bears the burden of showing that the agents decision should be reversed or modified.
After the hearing, the Board or the hearing examiner may sustain, modify or reverse the agents decision. The decision by the Board or the hearing examiner must be in writing and must include findings of fact. A copy of the decision must be delivered or mailed forthwith to each party or to the partys attorney of record.

(Added to NRS by 1983, 1847 ; A 1991, 930 )

NRS 463.425

NRS

463.425

Administrative review of decision of Board.

Any disseminator who presents a proposal or user who presents evidence at the hearing conducted pursuant to NRS 463.424 may appeal the decision of the Board. The aggrieved party must file a petition with the Commission within 10 days after the Board issues its decision.
The party seeking the review bears the burden of proof. The Commissions review must be confined to the record and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion by the Board in its decision.
The decision of the Commission is final and is not subject to judicial review.

(Added to NRS by 1987, 1780 )

NRS 467.100

NRS

467.100

Licenses for contestant, promoter, manager, trainer, ring official and others; temporary license; application for license; privileged statements; submission of fingerprints; withdrawal of application; uniform scale of fees; payment of costs of proceedings.

All contestants, promoters, managers, seconds, trainers and ring officials must be licensed by the Commission. No person may participate, directly or indirectly, in any professional contest or exhibition of unarmed combat unless the person has first procured a license from the Commission.
The Commission may deny an application for a license or grant a limited, restricted or conditional license for any cause deemed sufficient by the Commission.
If the Commission does not have sufficient time to review an application for issuance or renewal of a license before the applicant is scheduled to participate in a contest or exhibition of unarmed combat, the Chair of the Commission or the designee of the Chair may, absent any concerns about the qualifications for licensure of the applicant, grant the applicant a temporary license. If an applicant is denied a temporary license by the Chair or the designee of the Chair, the applicant may appeal the denial to the full Commission, which may grant or deny a temporary license to the applicant. After the granting of a temporary license to an applicant pursuant to this subsection, at the next scheduled meeting of the Commission at which the matter can be heard in compliance with the provisions of chapter 241 of NRS, the Commission shall grant, condition or deny the issuance of a license to the applicant for the remainder of the calendar year.
An application for a license constitutes a request for a determination of the applicants general suitability, character, integrity, and ability to participate or engage in, or be associated with contests or exhibitions of unarmed combat. The burden of proof is on the applicant to establish to the satisfaction of the Commission that the applicant is qualified to receive a license. By filing an application with the Commission, an applicant accepts the risk of adverse public notice, embarrassment, criticism, financial loss or other action with respect to the application, and expressly waives any claim for damages as a result thereof. Any written or oral statement that is made by any member of the Commission or any witness testifying under oath which is relevant to the application and investigation of the applicant is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in a civil action.
The Commission may require:

(a) Each ring official and employee of the Commission; and

(b) Any other applicant the Commission wishes to investigate,

Ê to submit to the Commission with the application a complete set of his or her fingerprints which the Commission may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

After an application has been submitted to the Commission, the application may not be withdrawn unless the Commission consents to the withdrawal.
The Commission shall fix a uniform scale of license fees.
In addition to the license fees required by subsection 7, the Commission may require an applicant for a license to:

(a) Pay the costs of the proceedings associated with the issuance of the license, including, without limitation, investigative costs and attorneys fees; and

(b) Deposit with the Commission such an amount of money as the Commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including, without limitation, investigative costs and attorneys fees, the Commission shall refund the excess amount to the applicant upon the completion of the proceedings.

[Part 4:40:1941; 1931 NCL § 905.03]—(NRS A 1960, 427 ; 1985, 939 ; 1993, 1451 ; 1999, 77 , 1234 ;

2003, 2855 ; 2019, 1253 )

NRS 47.080

NRS

47.080

Determinations of admissibility: Hearing of jury.

In jury cases, hearings on preliminary questions of admissibility, offers of proof in narrative or question and answer form, and statements of the judge showing the character of the evidence shall to the extent practicable, unless further restricted by NRS 47.090 , be conducted out of the hearing of the jury, to prevent the suggestion of inadmissible evidence.

(Added to NRS by 1971, 776 )

NRS 48.045

NRS

48.045

Evidence of character inadmissible to prove conduct; exceptions; other crimes.

Evidence of a persons character or a trait of his or her character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except:

(a) Evidence of a persons character or a trait of his or her character offered by an accused, and similar evidence offered by the prosecution to rebut such evidence;

(b) Evidence of the character or a trait of character of the victim of the crime offered by an accused, subject to the procedural requirements of NRS 48.069

where applicable, and similar evidence offered by the prosecution to rebut such evidence; and

(c) Unless excluded by NRS 50.090 , evidence of the character of a witness, offered to attack or support his or her credibility, within the limits provided by NRS 50.085 .

Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Nothing in this section shall be construed to prohibit the admission of evidence in a criminal prosecution for a sexual offense that a person committed another crime, wrong or act that constitutes a separate sexual offense. As used in this subsection, sexual offense has the meaning ascribed to it in NRS 179D.097 .

(Added to NRS by 1971, 781 ; A 1975, 1131 ; 2015, 2243 )

NRS 48.055

NRS

48.055

Methods of proving character.

In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or in the form of an opinion. On cross-examination, inquiry may be made into specific instances of conduct.
In cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof of specific instances of the persons conduct may be made on direct or cross-examination.

(Added to NRS by 1971, 781 ; A 1979, 25 )

NRS 48.069

NRS

48.069

Previous sexual conduct of victim of sexual assault: Procedure for admission of evidence to prove victims consent.

In any prosecution for sexual assault or for attempt to commit or conspiracy to commit a sexual assault, if the accused desires to present evidence of any previous sexual conduct of the victim of the crime to prove the victims consent:

The accused must first submit to the court a written offer of proof, accompanied by a sworn statement of the specific facts that the accused expects to prove and pointing out the relevance of the facts to the issue of the victims consent.
If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the victim regarding the offer of proof.
At the conclusion of the hearing, if the court determines that the offered evidence:

(a) Is relevant to the issue of consent; and

(b) Is not required to be excluded under NRS 48.035 ,

Ê the court shall make an order stating what evidence may be introduced by the accused and the nature of the questions which the accused is permitted to ask. The accused may then present evidence or question the victim pursuant to the order.

(Added to NRS by 1975, 1131 ; A 1977, 1630 ; 1991, 125 )

NRS 48.135

NRS

48.135

Liability insurance.

Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully.
This section does not require the exclusion of evidence of insurance against liability when it is relevant for another purpose, such as proof of agency, ownership or control, or bias or prejudice of a witness.

(Added to NRS by 1971, 782 )

NRS 481.063

NRS

481.063

Collection and deposit of fees for publications of Department and private use of files and records of Department; limitations on release and use of files and records; regulations. [Effective until the earlier of December 31, 2026, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119,

Statutes of Nevada 2015, at page 429

The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220 , who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240 , 205.345 , 205.380 or 205.445 .

If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Except as otherwise provided in subsections 2, 4, 6, 7 and 11 and NRS 483.294 , 483.855 and 483.937 , the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
Except as otherwise provided in paragraph (a) and subsections 8 and 11, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:

(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.

(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(d) Except as otherwise provided in subsection 6 of NRS 482.2175 , by any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the drivers license of the person or the title or registration of the persons vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.
Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
Except as otherwise provided in NRS 485.316 , the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
The Director shall not release any personal information from a file or record relating to a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws unless the requester submits a written release from the person about whom the information is requested or the Director releases the personal information pursuant to a lawful order, subpoena or warrant issued by a court of competent jurisdiction. If the Director releases personal information pursuant to this subsection in response to an order, subpoena or warrant, the Director shall not release personal information beyond what is specifically required to comply with the order, subpoena or warrant.
The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Departments files and records may be obtained and the limited uses which are permitted;

(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

(d) Understands that a violation of the provisions of this section is a criminal offense.

It is unlawful for any person to:

(a) Make a false representation to obtain any information from the files or records of the Department.

(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

As used in this section:

(a) Personal information means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, individual taxpayer identification number, drivers license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular crashes or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.

(b) Vehicle includes, without limitation, an off-highway vehicle as defined in NRS 490.060 .

(Added to NRS by 1957, 611 ; A 1975, 210 ; 1979, 1118 ; 1981, 1590 ; 1985, 686 ; 1989, 473 ; 1993, 2479 ; 1995, 1926 ; 1997, 65 , 312 ,

2342 ;

1999, 1932 ; 2001, 909 ; 2003, 454 ; 2009, 709 , 2201 ,

2273 ;

2011, 289 , 2679 ;

2013, 560 , 1291 ;

2015, 1622 ; 2019, 377 ; 2021, 1072 ; 2023, 853 )

NRS

481.063

Collection and deposit of fees for publications of Department and private use of files and records of Department; limitations on release and use of files and records; regulations. [Effective January 1, 2027, and until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119,

Statutes of Nevada 2015, at page 429

The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220 , who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Except as otherwise provided in subsections 2, 4, 6, 7 and 11 and NRS 483.294 , 483.855 and 483.937 , the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
Except as otherwise provided in paragraph (a) and subsections 8 and 11, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the drivers license of the person or the title or registration of the persons vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.
Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
Except as otherwise provided in NRS 485.316 , the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
The Director shall not release any personal information from a file or record relating to a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws unless the requester submits a written release from the person about whom the information is requested or the Director releases the personal information pursuant to a lawful order, subpoena or warrant issued by a court of competent jurisdiction. If the Director releases personal information pursuant to this subsection in response to an order, subpoena or warrant, the Director shall not release personal information beyond what is specifically required to comply with the order, subpoena or warrant.
The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

(d) Understands that a violation of the provisions of this section is a criminal offense.

It is unlawful for any person to:

(a) Make a false representation to obtain any information from the files or records of the Department.

(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

As used in this section:

(b) Vehicle includes, without limitation, an off-highway vehicle as defined in NRS 490.060 .

(Added to NRS by 1957, 611 ; A 1975, 210 ; 1979, 1118 ; 1981, 1590 ; 1985, 686 ; 1989, 473 ; 1993, 2479 ; 1995, 1926 ; 1997, 65 , 312 ,

2342 ;

1999, 1932 ; 2001, 909 ; 2003, 454 ; 2009, 709 , 2201 ,

2273 ;

2011, 289 , 2679 ;

2013, 560 , 1291 ;

2015, 1622 ; 2019, 377 ; 2021, 1072 ; 2023, 853 , effective January 1, 2027)

NRS

481.063

Collection and deposit of fees for publications of Department and private use of files and records of Department; limitations on release and use of files and records; regulations. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119,

Statutes of Nevada 2015, at page 429

, and through December 31, 2026.]

The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220 , who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Except as otherwise provided in subsections 2, 4, 6, 7 and 12 and NRS 483.294 , 483.855 and 483.937 , the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
Except as otherwise provided in paragraph (a) and subsections 8 and 12, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the drivers license of the person or the title or registration of the persons vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.
Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
Except as otherwise provided in NRS 485.316 , the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
Except as otherwise provided in NRS 483.651 , 483.655 and 483.657 , or as otherwise required by law, the Director shall not:

(a) Allow any person to make use of information retrieved from the Next-of-Kin Registry established pursuant to NRS 483.651 for:

(1) A private purpose; or

(2) Any purpose relating to the legal presence of a person; or

(b) In any other way release any information retrieved from the Registry.

The Director shall not release any personal information from a file or record relating to a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws unless the requester submits a written release from the person about whom the information is requested or the Director releases the personal information pursuant to a lawful order, subpoena or warrant issued by a court of competent jurisdiction. If the Director releases personal information pursuant to this subsection in response to an order, subpoena or warrant, the Director shall not release personal information beyond what is specifically required to comply with the order, subpoena or warrant.
The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

(d) Understands that a violation of the provisions of this section is a criminal offense.

It is unlawful for any person to:

(a) Make a false representation to obtain any information from the files or records of the Department.

(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

As used in this section:

(b) Vehicle includes, without limitation, an off-highway vehicle as defined in NRS 490.060 .

(Added to NRS by 1957, 611 ; A 1975, 210 ; 1979, 1118 ; 1981, 1590 ; 1985, 686 ; 1989, 473 ; 1993, 2479 ; 1995, 1926 ; 1997, 65 , 312 ,

2342 ;

1999, 1932 ; 2001, 909 ; 2003, 454 ; 2009, 709 , 2201 ,

2273 ;

2011, 289 , 2679 ;

2013, 560 , 1291 ;

2015, 430 , 1622 ;

2019, 377 ; 2021, 1072 ; 2023, 853 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119, Statutes of Nevada 2015, at page 429 )

NRS

481.063

Collection and deposit of fees for publications of Department and private use of files and records of Department; limitations on release and use of files and records; regulations. [Effective on the later of January 1, 2027, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 119,

Statutes of Nevada 2015, at page 429

The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220 , who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Except as otherwise provided in subsections 2, 4, 6, 7 and 12 and NRS 483.294 , 483.855 and 483.937 , the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
Except as otherwise provided in paragraph (a) and subsections 8 and 12, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220 .

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the drivers license of the person or the title or registration of the persons vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.
Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
Except as otherwise provided in NRS 485.316 , the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
Except as otherwise provided in NRS 483.651 , 483.655 and 483.657 , or as otherwise required by law, the Director shall not:

(a) Allow any person to make use of information retrieved from the Next-of-Kin Registry established pursuant to NRS 483.651 for:

(1) A private purpose; or

(2) Any purpose relating to the legal presence of a person; or

(b) In any other way release any information retrieved from the Registry.

The Director shall not release any personal information from a file or record relating to a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws unless the requester submits a written release from the person about whom the information is requested or the Director releases the personal information pursuant to a lawful order, subpoena or warrant issued by a court of competent jurisdiction. If the Director releases personal information pursuant to this subsection in response to an order, subpoena or warrant, the Director shall not release personal information beyond what is specifically required to comply with the order, subpoena or warrant.
The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Departments files and records may be ob

NRS 481.091

NRS

481.091

Request for alternate address on drivers license or identification card: Persons eligible; requirements; regulations.

The following persons may request that the Department display an alternate address on the persons drivers license, commercial drivers license or identification card:

(a) Any justice or judge in this State.

(b) Any senior justice or senior judge in this State.

(d) Any clerk of the court, court administrator or court executive officer in this State.

(e) Any prosecutor who as part of his or her normal job responsibilities prosecutes persons for:

(1) Crimes that are punishable as category A felonies; or

(2) Domestic violence.

(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

(1) Crimes that are punishable as category A felonies; or

(2) Domestic violence.

(g) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

(h) Any person, including, without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

(1) Interacts with the public; and

(2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

(i) Any county manager in this State.

(j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

(1) Who possesses specialized training in code enforcement;

(2) Who, as part of his or her normal job responsibilities, interacts with the public; and

(3) Whose primary duties are the performance of tasks related to code enforcement.

(k) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division of the county or city.

(l) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (k), inclusive.

(m) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (k), inclusive, who was killed in the performance of his or her duties.

(n) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471 , inclusive.

A person who wishes to have an alternate address displayed on his or her drivers license, commercial drivers license or identification card pursuant to this section must submit to the Department satisfactory proof:

(a) That he or she is a person described in subsection 1; and

(b) Of the persons address of principal residence and mailing address, if different from the address of principal residence.

A person who obtains a drivers license, commercial drivers license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her drivers license, commercial drivers license or identification card instead of the alternate address.
The Department may adopt regulations to carry out the provisions of this section.
As used in this section:

(a) Child protective services has the meaning ascribed to it in NRS 432B.042 .

(b) Child welfare services has the meaning ascribed to it in NRS 432B.044 .

(c) Code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

(d) Social worker means any person licensed under chapter 641B of NRS.

(Added to NRS by 2017, 1558 ; A 2019, 729 , 868 ,

1827 ;

2021, 290 , 668 ,

1265 )

NRS 482.098

NRS

482.098

Rebuilt vehicle defined.

Rebuilt vehicle means a vehicle:

(a) That is a salvage vehicle as that term is defined in NRS 487.770 , excluding a nonrepairable vehicle; or

(b) One or more major components of which have been replaced as set forth in this subsection. For the purposes of this subsection, the requisite major components of a vehicle which must be replaced for a vehicle to be considered rebuilt are the:

(1) Cowl assembly;

(2) Rear clip assembly;

(3) Roof assembly;

(4) Floor pan assembly;

(5) Conventional frame coupled with one additional major component; or

(6) Complete front inner structure for a unibody.

The term does not include a vehicle for which the only change is the installation of a truck cab assembly.
For the purposes of this section, replaced means the substitution, or change in whole, of a new, used or after-market part of a vehicle.

(Added to NRS by 1987, 1591 ; A 1997, 2861 ; 2003, 515 , 1907 ;

2005, 1240 )

NRS 482.106

NRS

482.106

Roof assembly defined.

Roof assembly means the structural parts of a vehicle, including, without limitation, more than one-half of the vertical roof supports, the framework of the roof and the exterior metal skin, that together are designed and intended to be located over the passenger compartment to form the roof of the vehicle.

(Added to NRS by 2005, 1239 )

NRS 482.1295

NRS

482.1295

Truck cab assembly defined.

Truck cab assembly means a removable portion of a truck that uses a conventional frame assembly consisting of a cab that may be bolted and unbolted which includes a floor assembly, cowl assembly, roof assembly and rear panel and may also include front, side or rear glass and front or rear left or right doors.

(Added to NRS by 2005, 1239 )

NRS 482.215

NRS

482.215

Application for registration. [Effective through December 31, 2026.]

Except as otherwise provided in NRS 482.2085 and 482.2155 , all applications for registration, except applications for renewal of registration, must be made as provided in this section.
Except as otherwise provided in NRS 482.294 , applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the Department or to a registered dealer.
Each application must be made upon the appropriate form furnished by the Department and contain:

(a) The signature of the owner, except as otherwise provided in subsection 2 of NRS 482.294 , if applicable.

(b) The owners residential address.

(c) The owners declaration of the county where he or she intends the vehicle to be based, unless the vehicle is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

(d) If required pursuant to NRS 482.2177 , the mileage shown on the odometer of the vehicle at the time of application and any other information required by the Department.

(e) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

(f) Except as otherwise provided in this paragraph, if the applicant is not an owner of a fleet of vehicles or a person described in subsection 5:

(1) Proof satisfactory to the Department or registered dealer that the applicant carries insurance on the vehicle provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185 ; and

(2) A declaration signed by the applicant that he or she will maintain the insurance required by NRS 485.185 during the period of registration. If the application is submitted by electronic means pursuant to NRS 482.294 , the applicant is not required to sign the declaration required by this subparagraph.

(g) If the applicant is an owner of a fleet of vehicles or a person described in subsection 5, evidence of insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185 :

(1) In the form of a certificate of insurance on a form approved by the Commissioner of Insurance;

(2) In the form of a card issued pursuant to NRS 690B.023 which identifies the vehicle or the registered owner of the vehicle; or

(3) In another form satisfactory to the Department, including, without limitation, an electronic format authorized by NRS 690B.023 .

Ê The Department may file that evidence, return it to the applicant or otherwise dispose of it.

(h) If required, evidence of the applicants compliance with controls over emission.

(i) If the application for registration is submitted via the Internet, a statement which informs the applicant that he or she may make a nonrefundable monetary contribution of $2 for each vehicle registered for the Complete Streets Program, if any, created pursuant to NRS 244.2643 , 277A.285 or 403.575 , as applicable, based on the declaration made pursuant to paragraph (c). The application form must state in a clear and conspicuous manner that a contribution for a Complete Streets Program is nonrefundable and voluntary and is in addition to any fees required for registration, and must include a method by which the applicant must indicate his or her intention to opt in or opt out of making such a contribution.

The application must contain such other information as is required by the Department or registered dealer and must be accompanied by proof of ownership satisfactory to the Department.
For purposes of the evidence required by paragraph (g) of subsection 3:

(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this State, may be declared as a fleet by the registered owner thereof on his or her original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

(b) Other fleets composed of 10 or more vehicles based in this State or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his or her original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

may file a copy of his or her certificate of self-insurance.

(d) A person who qualifies for an operators policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file or provide electronic evidence of that insurance.

[Part 6:202:1931; A 1941, 51 ; 1949, 511 ; 1953, 52 ]—(NRS A 1957, 506 ; 1959, 911 ; 1960, 126 ; 1963, 1126 ; 1973, 399 ; 1975, 1792 ; 1977, 923 ; 1979, 1818 ; 1981, 1692 , 1693 ;

1983, 1131 ; 1987, 1084 , 2144 ;

1989, 704 , 1871 ,

1874 ;

1991, 1989 ; 1993, 2200 , 2480 ;

1995, 700 , 1862 ,

2729 ;

1997, 567 ; 2001, 308 , 2780 ;

2003, 374 ; 2007, 2043 ; 2009, 2204 ; 2013, 1888 , 2813 ;

2015, 796 , 1749 ,

3513 ;

2019, 183 , 3002 )

NRS

482.215

Application for registration. [Effective January 1, 2027.]

Except as otherwise provided in NRS 482.2085 and 482.2155 , all applications for registration, except applications for renewal of registration, must be made as provided in this section.
Except as otherwise provided in NRS 482.294 , applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the Department or to a registered dealer.
Each application must be made upon the appropriate form furnished by the Department and contain:

(a) The signature of the owner, except as otherwise provided in subsection 2 of NRS 482.294 , if applicable.

(b) The owners residential address.

(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

(e) Except as otherwise provided in this paragraph, if the applicant is not an owner of a fleet of vehicles or a person described in subsection 5:

(f) If the applicant is an owner of a fleet of vehicles or a person described in subsection 5, evidence of insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185 :

(1) In the form of a certificate of insurance on a form approved by the Commissioner of Insurance;

(2) In the form of a card issued pursuant to NRS 690B.023 which identifies the vehicle or the registered owner of the vehicle; or

(3) In another form satisfactory to the Department, including, without limitation, an electronic format authorized by NRS 690B.023 .

Ê The Department may file that evidence, return it to the applicant or otherwise dispose of it.

(g) If required, evidence of the applicants compliance with controls over emission.

(h) If the application for registration is submitted via the Internet, a statement which informs the applicant that he or she may make a nonrefundable monetary contribution of $2 for each vehicle registered for the Complete Streets Program, if any, created pursuant to NRS 244.2643 , 277A.285 or 403.575 , as applicable, based on the declaration made pursuant to paragraph (c). The application form must state in a clear and conspicuous manner that a contribution for a Complete Streets Program is nonrefundable and voluntary and is in addition to any fees required for registration, and must include a method by which the applicant must indicate his or her intention to opt in or opt out of making such a contribution.

The application must contain such other information as is required by the Department or registered dealer and must be accompanied by proof of ownership satisfactory to the Department.
For purposes of the evidence required by paragraph (f) of subsection 3:

may file a copy of his or her certificate of self-insurance.

(d) A person who qualifies for an operators policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file or provide electronic evidence of that insurance.

[Part 6:202:1931; A 1941, 51 ; 1949, 511 ; 1953, 52 ]—(NRS A 1957, 506 ; 1959, 911 ; 1960, 126 ; 1963, 1126 ; 1973, 399 ; 1975, 1792 ; 1977, 923 ; 1979, 1818 ; 1981, 1692 , 1693 ;

1983, 1131 ; 1987, 1084 , 2144 ;

1989, 704 , 1871 ,

1874 ;

1991, 1989 ; 1993, 2200 , 2480 ;

1995, 700 , 1862 ,

2729 ;

1997, 567 ; 2001, 308 , 2780 ;

2003, 374 ; 2007, 2043 ; 2009, 2204 ; 2013, 1888 , 2813 ;

2015, 796 , 1749 ,

3513 ;

2019, 183 , 3002 , effective January 1, 2027)

NRS 482.2155

NRS

482.2155

Registration of moped: Application; inspection; fees; Department to issue license plate; registration not renewable or transferable.

The owner of a moped shall, before the moped may be operated upon any highway in this State, apply to the Department for and obtain registration thereof. The application must be made upon the appropriate form as prescribed by the Department.
An application for the registration of a moped pursuant to this section must include:

(a) The signature and residential address of the owner of the moped.

(b) The owners declaration of the county where he or she intends the moped to be based, unless the moped is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

(c) A brief description of the moped to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and, upon the registration of a new moped, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the moped.

(d) Proof of ownership satisfactory to the Department.

An application for the registration of a moped pursuant to subsection 2 must be accompanied by:

(a) The registration fee required pursuant to NRS 482.480 .

(b) The governmental services tax imposed pursuant to chapter 371 of NRS, as provided in

NRS 482.260 .

An applicant for the registration of a moped pursuant to this section must provide proof satisfactory to the Department that the moped was inspected and meets the definition of moped as provided in NRS 482.069 . An applicant who:

(a) Purchased the moped from a new vehicle dealer or a used vehicle dealer may submit to the Department, on a form prescribed by the Department, verification of an inspection by the new vehicle dealer or used vehicle dealer which certifies that the moped meets the definition of moped as provided in NRS 482.069 .

(b) Did not purchase the moped from a new vehicle dealer or a used vehicle dealer and:

(1) Resides in a county where an office of the Department is located must, at an office of the Department in that county, allow the Department to inspect the moped for verification that the moped meets the definition of moped as provided in NRS 482.069 . The Department may by regulation establish a fee for such an inspection.

(2) Resides in a county where no office of the Department is located must allow the Department to inspect the moped, as specified in subparagraph (1), at an office of the Department in another county or, in lieu of an inspection by the Department, allow a sheriff or deputy sheriff of the county in which the applicant resides to inspect the moped for verification that the moped meets the definition of moped as provided in NRS 482.069 . A sheriff or deputy sheriff shall, upon the request of the applicant, conduct such an inspection and transmit his or her determination, in writing, to the Department and may collect the fee established by the Department pursuant to subparagraph (1) for such an inspection. The fees must be accounted for as provided in subsection 6 of NRS 248.275 .

As soon as practicable after the Department:

(a) Receives the application and fees required by this section; and

(b) Receives the form completed by a new vehicle dealer or used vehicle dealer pursuant to paragraph (a) of subsection 4, conducts the inspection required by subparagraph (1) of paragraph (b) of subsection 4 or receives the alternative written determination from a sheriff or deputy sheriff that is authorized by subparagraph (2) of paragraph (b) of subsection 4,

Ê the Department shall, if the inspection or written determination confirms that the moped meets the definition of moped as provided in NRS 482.069 , issue a license plate and certificate of registration to the owner of the moped.

The fee for the issuance of a license plate pursuant to this section is $5, which must be allocated to the Revolving Account for the Issuance of Special License Plates, created by NRS 482.1805 , to defray the costs of manufacturing license plates pursuant to this section.
The registration issued pursuant to this section is not renewable or transferable, and a moped that is registered pursuant to this section is registered until the date on which the owner of the moped:

(a) Transfers the ownership of the moped; or

(b) Cancels the registration of the moped and surrenders the license plate to the Department.

The Department may, upon proof of ownership satisfactory to it, issue a certificate of title before the registration of a moped pursuant to this section. A certificate of title issued pursuant to this subsection is valid until cancelled by the Department upon the transfer of interest therein.

(Added to NRS by 2015, 1745 ; A 2019, 74 )

NRS 482.240

NRS

482.240

Issuance of certificates of registration and title by Department or registered dealer; period of validity of certificate.

Except as otherwise provided in NRS 482.2085 , upon the registration of a vehicle, the Department or a registered dealer shall issue a certificate of registration to the owner.
When an applicant for registration or transfer of registration is unable, for any reason, to submit to the Department in support of the application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the Department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, the Department may issue to the applicant only a certificate of registration.
The Department may, upon proof of ownership satisfactory to it or pursuant to NRS 482.2605 , issue a certificate of title before the registration of the vehicle concerned. The certificate of registration issued pursuant to this chapter is valid only during the registration period or calendar year for which it is issued, and a certificate of title is valid until cancelled by the Department upon the transfer of interest therein.

[Part 10:202:1931; A 1947, 453 ; 1943 NCL § 4435.09]—(NRS A 1960, 127 ; 1963, 559 ; 1965, 1473 ; 1967, 131 ; 1969, 684 ; 1995, 1864 ; 2003, 458 ; 2017, 2749 ; 2019, 184 )

NRS 482.245

NRS

482.245

Contents of certificates of registration and title.

The certificate of registration must contain the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the Department.
The certificate of title must contain the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428 , inclusive, a reading of the vehicles odometer as provided to the Department by the person making the sale or transfer, the word rebuilt if it is a rebuilt vehicle, the information required pursuant to subsection 4 of NRS 482.247

if the certificate of title is a certificate of title in beneficiary form pursuant to NRS 482.247 and such other statement of facts as may be determined by the Department. The certificate of title must also contain forms for notice to the Department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of title is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate. Except as otherwise required by federal law, the certificate of title of a vehicle which the Department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.

[Part 10:202:1931; A 1947, 453 ; 1943 NCL § 4435.09]—(NRS A 1965, 1473 ; 1967, 132 ; 1973, 400 ; 1975, 1071 ; 1985, 659 ; 1987, 1086 , 1592 ;

1999, 1919 ; 2003, 458 ; 2007, 988 ; 2023, 1471 , 2925 )

NRS 482.247

NRS

482.247

Certificate of title in beneficiary form: Request; application; fee; restriction upon issuance; contents; signatures and transactions; interest; duties of Department.

The owner or joint owners of a motor vehicle, trailer or semitrailer may request the Department to issue a certificate of title in beneficiary form for the motor vehicle, trailer or semitrailer, as applicable, which includes a directive to the Department to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of title.
A request made pursuant to subsection 1 must be submitted on an application made available by the Department and accompanied by the fee for the issuance of a certificate of title.
A certificate of title in beneficiary form may not be issued to a person who holds an interest in a motor vehicle, trailer or semitrailer as a tenant in common with another person.
A certificate of title in beneficiary form must include after the name of the owner or after the names of joint owners the words transfer on death to or the abbreviation TOD followed by the name of the beneficiary.
During the lifetime of a sole owner or before the death of the last surviving joint owner:

(a) The signature or consent of the beneficiary is not required for any transaction relating to a motor vehicle, trailer or semitrailer for which a certificate of title in beneficiary form has been issued; and

(b) The certificate of title in beneficiary form may be revoked or the beneficiary changed at any time by:

(1) Sale of the motor vehicle, trailer or semitrailer with proper assignment and delivery of the certificate of title to another person; or

(2) Filing an application with, and paying a fee to, the Department to reissue the certificate of title with no designation of a beneficiary or with the designation of a different beneficiary.

The interest of the beneficiary in a motor vehicle, trailer or semitrailer on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the motor vehicle, trailer or semitrailer were subject during their lifetime.
Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of title in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changed or revoked.
The Department shall, upon:

(a) Proof of death of one of the owners, of two or more joint owners or of a sole owner;

(b) Surrender of the outstanding certificate of title in beneficiary form; and

Ê issue a new certificate of title for the motor vehicle, trailer or semitrailer to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.

For the purposes of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.
The transfer on death of a motor vehicle, trailer or semitrailer pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.
As used in this section:

(a) Beneficiary means a person or persons designated to become the owner or owners of a motor vehicle, trailer or semitrailer on the death of the preceding owner or owners.

(b) Certificate of title in beneficiary form means a certificate of title of a motor vehicle, trailer or semitrailer that indicates the present owner or owners of the motor vehicle, trailer or semitrailer and designates a beneficiary.

(Added to NRS by 2007, 987 )

NRS 482.260

NRS

482.260

Duties of Department and its agents relative to registration of vehicle; issuance of certificate of title; fees and taxes.

When registering a vehicle, the Department and its agents or a registered dealer shall:

(a) Collect the fees for license plates and registration as provided for in this chapter.

(b) Collect the governmental services tax on the vehicle, as agent for the State and for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.

377 and 377A

of NRS.

(d) Except as otherwise provided in NRS 482.2085 , issue a certificate of registration.

(e) If the registration is performed by the Department, issue the regular license plate or plates.

(f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to the owner.

Upon proof of ownership satisfactory to the Director or as otherwise provided in NRS 482.2605 , the Director shall cause to be issued a certificate of title as provided in this chapter.
For the purposes of subsection 2, if a manufacturer described in paragraph (a) of subsection 2 of NRS 482.36349 operates one or more of its fully autonomous vehicles for the purpose of providing delivery services, the Director shall accept as proof of ownership the manufacturers certificate of origin or the manufacturers statement of origin issued for the fully autonomous vehicle. As used in this paragraph, fully autonomous vehicle has the meaning ascribed to it in NRS 482A.036 .
Except as otherwise provided in NRS 371.070 and subsections 7, 8 and 9, every vehicle being registered for the first time in Nevada must be taxed for the purposes of the governmental services tax for a 12-month period.
The Department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the Department of Taxation.
A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the Department.
A trailer being registered pursuant to NRS 482.2065 must be taxed for the purposes of the governmental services tax for a 3-year period.
A full trailer or semitrailer being registered pursuant to subsection 3 of NRS 482.483 must be taxed for the purposes of the governmental services tax in the amount of $86. The governmental services tax paid pursuant to this subsection is nontransferable and nonrefundable.
A moped being registered pursuant to NRS 482.2155 must be taxed for the purposes of the governmental services tax for only the 12-month period following the registration. The governmental services tax paid pursuant to this subsection is nontransferable and nonrefundable.

[11:202:1931; A 1945, 151 ; 1949, 480 ; 1953, 280 ; 1954, 43 ]—(NRS A 1959, 912 ; 1960, 100 ; 1961, 129 ; 1963, 1126 ; 1969, 684 ; 1973, 70 , 400 ;

1975, 156 , 334 ;

1983, 1619 , 2065 ;

1995, 1864 ; 2001, 310 ; 2003, 459 , 3376 ;

2007, 3203 ; 2009, 2197 ; 2013, 2830 ; 2015, 1752 ; 2017, 2749 ; 2019, 185 ; 2023, 592 )

NRS 482.262

NRS

482.262

Application by lienholder for title to certain abandoned recreational vehicles: Requirements of lienholder; duties of Department; fee; regulations.

A person who holds a lien on an abandoned recreational vehicle pursuant to NRS 108.270 may apply to the Department for title to the abandoned recreational vehicle upon the expiration of:

(a) Thirty days after the date on which the owner of the property where the abandoned recreational vehicle is located mails the registered or certified letter pursuant to paragraph (a) of subsection 1 of NRS 108.2723 , if such a letter is required; or

(b) Thirty days after the date of publication of the notice required by paragraph (b) of subsection 1 of NRS 108.2723 ,

Ê whichever is later.

An application for title to an abandoned recreational vehicle must contain:

(a) A completed application form prescribed by the Department;

(b) Proof that the letter required by paragraph (a) of subsection 1 of NRS 108.2723 was mailed at least 30 days before the submission of the application or, if no letter was sent, a detailed explanation of the steps taken to identify an owner of the abandoned recreational vehicle;

(c) Proof that notice was printed in a newspaper as required by paragraph (b) of subsection 1 of NRS 108.2723 at least 30 days before the submission of the application;

(d) A clear and accurate photograph of the abandoned recreational vehicle; and

(e) The serial number, vehicle identification number, registration number or any other identifying information relating to the abandoned recreational vehicle.

The Department may charge and collect a fee for issuing a certificate of title pursuant to this section, which must be the fee established by law for the Department to issue the certificate of title.
Upon receipt of the materials and information required in subsection 2 and any fees required pursuant to subsection 3, the Department shall enter the application upon the records of its office and issue the certificate of title for the abandoned recreational vehicle.
A person to whom a certificate of title is issued pursuant to this section is not required to provide consideration for the recreational vehicle to the owner of the recreational vehicle.
The Department may adopt any regulations necessary to carry out the provisions of this section.

(Added to NRS by 2015, 1514 )

NRS 482.295

NRS

482.295

Registration by short-term lessor: Proof of financial ability to respond to damages.

The Department or a registered dealer shall not register a vehicle intended to be leased by a short-term lessor until the owner demonstrates to the Department the owners financial ability to respond to damages by providing evidence of insurance as that term is defined in NRS 485.034 .

[Part 6:202:1931; A 1943, 51 ; 1949, 511 ; 1953, 52 ]—(NRS A 1967, 705 ; 1969, 186 ; 1973, 770 ; 1975, 1071 ; 1987, 668 ; 1995, 1864 , 2731 ;

1997, 662 )

NRS 482.322

NRS

482.322

Vehicle dealers, manufacturers, distributors and rebuilders: Licenses required; additional restriction upon activities of new vehicle dealer; license does not extend to mobile homes; Department to investigate applicant; penalties for violations.

Except as otherwise provided in subsection 2 and NRS 482.3225 , a person shall not engage in the activities of a new vehicle dealer, used vehicle dealer, manufacturer, distributor or rebuilder in this State until the person has been issued:

(a) A new vehicle dealers, used vehicle dealers, manufacturers, distributors, rebuilders or lessors license certificate or similar license or permit by every city within whose corporate limits the person maintains an established place of business and by every county in which the person maintains an established place of business outside the corporate limits of a city; and

(b) A license by the Department. The Department shall not issue a license to the person until he or she has been issued all certificates, licenses and permits required by paragraph (a).

Except for a manufacturer described in subsection 2 of NRS 482.078 , a person licensed as a dealer pursuant to this chapter shall not engage in the activities of a new vehicle dealer until he or she has provided the Department with satisfactory proof that the person is authorized by a manufacturer to display and offer for sale vehicles produced or distributed by that manufacturer.
A vehicle dealers, manufacturers or rebuilders license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.
The Department shall investigate any applicant for a dealers, manufacturers, distributors, rebuilders or lessors license certificate or license and complete an investigation report on a form provided by the Department.
A person who violates subsection 1 or 2 is guilty of:

(a) For a first offense, a misdemeanor.

(b) For a second offense, a gross misdemeanor.

(Added to NRS by 1957, 509 ; A 1963, 68 ; 1965, 1474 ; 1971, 1303 ; 1975, 1072 , 1534 ,

1576 ;

1979, 1024 , 1223 ;

1981, 1045 ; 1983, 1001 ; 1991, 755 ; 1995, 776 , 2355 ;

2007, 3205 ; 2014, 28th Special Session, 4 )

NRS 482.325

NRS

482.325

Manufacturers, distributors, dealers and rebuilders: Application for license; fees; issuance of certificate; renewal or 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.]

An application for a manufacturers, distributors, dealers or rebuilders license must be filed upon forms supplied by the Department and include the social security number of the applicant. The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:

(a) Such proof as the Department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.

(b) A fee of $125.

(c) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

(d) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(e) If the applicant is a natural person, the statement required pursuant to NRS 482.319 .

(f) A certificate of insurance for automobile liability.

Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a dealers, manufacturers, distributors or rebuilders license containing the name of the licensee and the address of the licensees established place of business or the address of the main office of a manufacturer without an established place of business in this State.
Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of the license accompanied by an annual fee of $50. If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to NRS 482.319 . The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.
A license that expires for failure to renew before December 31 may be reinstated upon submission to the Department of:

(a) The application for renewal and the annual fee for renewal required in subsection 3;

(b) If the applicant is a natural person, the statement required pursuant to NRS 482.319 ;

(d) A late fee of $25.

NRS

482.325

Manufacturers, distributors, dealers and rebuilders: Application for license; fees; issuance of certificate; renewal or reinstatement 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.]

Applications for a manufacturers, distributors, dealers or rebuilders license must be filed upon forms supplied by the Department. The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:

(a) Such proof as the Department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.

(b) A fee of $125.

(e) A certificate of insurance for automobile liability.

Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a dealers, manufacturers, distributors or rebuilders license certificate containing the latters name and the address of the licensees established place of business or the address of the main office of a manufacturer without an established place of business in this State.
Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of the license accompanied by an annual fee of $50. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.
A license that expires for failure to renew before December 31 may be reinstated upon submission to the Department of:

(a) The application for renewal and the annual fee for renewal required in subsection 3;

(b) The additional fee for processing fingerprints required in subsection 3, if applicable; and

[Part 16:202:1931; A 1937, 330 ; 1951, 165 ; 1953, 280 ; 1955, 468 ]—(NRS A 1957, 507 ; 1960, 129 ; 1965, 1474 ; 1969, 705 ; 1971, 1303 ; 1975, 1072 ; 1981, 190 ; 1983, 1001 ; 1991, 273 ; 1993, 2341 ; 1995, 285 ; 1997, 2070 ; 2017, 952 , 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 482.345

NRS

482.345

Manufacturers, distributors, dealers and rebuilders: Application; proof of place of business; bonding requirements; remedies of consumer; judgment; prohibition upon issuance of license or plate to certain persons not having an established place of business in State.

Before any dealers license, dealers plate, special dealers plate, rebuilders license or rebuilders plate, distributors license or distributors plate or manufacturers license or manufacturers plate is furnished to a manufacturer, distributor, dealer or rebuilder as provided in this chapter, the Department shall require that the applicant make an application for such a license and plate upon a form to be furnished by the Department, and the applicant shall furnish such information as the Department requires, including proof that the applicant has an established place of business in this State, procure and file with the Department a good and sufficient bond with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant or any employee who acts on behalf of the applicant within the scope of his or her employment shall conduct business as a dealer, distributor, manufacturer or rebuilder without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter. The bond must be:

(a) For a manufacturer, distributor, rebuilder or dealer who manufactures, distributes or sells motorcycles, $50,000.

(b) For a manufacturer, distributor, rebuilder or dealer who sells vehicles other than motorcycles, trailers or travel trailers, $100,000.

(c) For a manufacturer, distributor, rebuilder or dealer who sells travel trailers or other dual purpose trailers that include living quarters in their design, $100,000.

(d) For a manufacturer, distributor, rebuilder or dealer who sells horse trailers designed without living quarters or special purpose trailers with an unladen weight of 3,501 pounds or more, $50,000.

(e) For a manufacturer, distributor, rebuilder or dealer who sells utility trailers or other special use trailers with an unladen weight of 3,500 pounds or less or trailers designed to carry boats, $10,000.

The Department may, pursuant to a written agreement with any manufacturer, distributor, rebuilder or dealer who has been licensed to do business in this State for at least 5 years, allow a reduction in the amount of the bond of the manufacturer, distributor, rebuilder or dealer, if the business has been conducted in a manner satisfactory to the Department for the preceding 5 years. No bond may be reduced to less than 50 percent of the bond required pursuant to subsection 1.
The Department may allow a manufacturer, distributor, rebuilder or dealer who sells more than one category of vehicle as described in subsection 1 at a principal place of business or at any branch location within the same county as the principal place of business to provide a good and sufficient bond for a single category of vehicle and may consider that single bond sufficient coverage to include all other categories of vehicles.
The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
The undertaking on the bond is for the use and benefit of the consumer and includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter or chapter 41 ,

97 , 104 , 104A , 104B , 104C or 598 of NRS by the representative of any licensed distributor or the salesperson of any licensed dealer, manufacturer or rebuilder who acts for the dealer, distributor, manufacturer or rebuilder on his or her behalf and within the scope of the employment of the representative or salesperson.

The bond must provide that it is for the use and benefit of any consumer of the dealer, distributor, rebuilder, manufacturer, representative or salesperson for any loss or damage established, including, without limitation:

(a) Actual damages;

(b) Consequential damages;

(d) Statutory damages;

(e) Damages for noneconomic loss; and

(f) Attorneys fees and costs.

Ê The surety issuing the bond shall appoint the Commissioner of Insurance as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

If a consumer has a claim for relief against a dealer, distributor, rebuilder, manufacturer, representative or salesperson, the consumer may:

(a) Bring and maintain an action in any court of competent jurisdiction. If the court enters:

(1) A judgment on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesperson, the judgment is binding on the surety.

(2) A judgment other than on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesperson, including, without limitation, a default judgment, the judgment is binding on the surety only if the surety was given notice and an opportunity to defend at least 20 days before the date on which the judgment was entered against the dealer, distributor, rebuilder, manufacturer, representative or salesperson.

(b) Apply to the Director, for good cause shown, for compensation from the bond. The Director may determine the amount of compensation and the consumer to whom it is to be paid. The surety shall then make the payment.

(c) Settle the matter with the dealer, distributor, rebuilder, manufacturer, representative or salesperson. If such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State, and submitted to the Director with a request for compensation from the bond. If the Director determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the consumer in the amount agreed upon in the settlement.

Any judgment entered by a court in favor of a consumer and against a dealer, distributor, rebuilder, manufacturer, representative or salesperson may be executed through a writ of attachment, garnishment, execution or other legal process, or the consumer in whose favor the judgment was entered may apply to the Director for compensation from the bond of the dealer, distributor, rebuilder, manufacturer, representative or salesperson.
The Department shall not issue a license or plate pursuant to subsection 1 to a manufacturer, distributor, rebuilder or dealer who does not have and maintain an established place of business in this State.
As used in this section, consumer means any person who comes into possession of a vehicle as a final user for any purpose other than offering it for sale.

[Part 16:202:1931; A 1937, 330 ; 1951, 165 ; 1953, 280 ; 1955, 468 ]—(NRS A 1957, 507 ; 1960, 345 ; 1961, 80 ; 1963, 261 ; 1965, 1475 ; 1971, 1304 ; 1973, 39 ; 1977, 644 ; 1981, 190 ; 1983, 1003 ; 1987, 1144 ; 1993, 2342 ; 2001, 1889 ; 2005, 1241 ; 2007, 3209 ; 2013, 482 ; 2017, 805 )

NRS 482.350

NRS

482.350

Dealers: New vehicle dealers license not to be issued unless dealer first furnishes to Department instrument indicating dealer is franchised dealer of manufacturer; additional functions in which used vehicle dealers may engage.

Except for a manufacturer described in subsection 2 of NRS 482.078 :

(a) A new vehicle dealers license shall not be furnished to any dealer in new vehicles, trailers or semitrailers unless the dealer first furnishes the Department an instrument executed by or on behalf of the manufacturer certifying that the dealer is an authorized franchised dealer for the make or makes of vehicle concerned.

(b) New vehicle dealers are authorized to sell at retail only those new vehicles for which they are certified as franchised dealers by the manufacturer.

In addition to selling used vehicles, a used vehicle dealer may:

(a) Sell at wholesale a new vehicle taken in trade or acquired as a result of a sales contract to a new vehicle dealer who is licensed and authorized to sell that make of vehicle;

(b) Sell at wholesale a new vehicle through a wholesale vehicle auction provided that the wholesale vehicle auctioneer:

(1) Does not take an ownership interest in the vehicle; and

(2) Auctions the vehicle to a vehicle dealer who is licensed and authorized to sell that make of vehicle or to an automobile wrecker who is licensed in this State or any other state;

(c) Sell a new vehicle on consignment from a person not licensed as a vehicle dealer, rebuilder or a long-term or short-term lessor; or

(d) Sell a new vehicle if it has been substantially modified by the used vehicle dealer or a third party for use by a driver or passenger who is a person with a disability.

As used in this section:

(a) Person with a disability has the meaning ascribed to it in NRS 433.5473 .

(b) Substantially modified means equipped or adapted for the purpose of aiding or allowing a person with a disability to operate, travel in, enter, exit or load a vehicle. The term includes, without limitation:

(1) Mechanical or structural changes to a vehicle that allow a person with a disability to safely drive or ride as a passenger;

(2) A device or mechanism that is used for loading or unloading a wheelchair or scooter and is mounted on the roof, in the passenger area, in the trunk or other storage area of a vehicle; and

(3) Mechanical or electrical adaptive control devices that are installed in a vehicle to enable a person with mobility restrictions to control, without limitation, the accelerator, foot brake, turn signals, dimmer switch, steering wheel or parking brake of a vehicle.

[Part 16:202:1931; A 1937, 330 ; 1951, 165 ; 1953, 280 ; 1955, 468 ]—(NRS A 1957, 508 ; 1965, 1475 ; 1995, 776 ; 2007, 3211 ; 2014, 28th Special Session, 5 ; 2015, 850 )

NRS 482.362

NRS

482.362

Salespersons: Licensing; fees; grounds for denial, suspension or revocation of license; reemployment; notice of change of address or termination; 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.]

A person shall not engage in the activity of a salesperson of vehicles, trailers or semitrailers, or act in the capacity of a salesperson as defined in this chapter, in the State of Nevada without first having received a license or temporary permit from the Department. Before issuing a license or temporary permit to engage in the activity of a salesperson, the Department shall require:

(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesperson, his or her residence address and social security number, and the name and address of the applicants employer.

(b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.

(d) Payment of a nonrefundable license fee of $75. The license expires on December 31 of each calendar year and may be renewed annually upon the payment of a fee of $40.

(e) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

(f) For initial licensure, the applicant to submit a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(g) Any other information the Department deems necessary.

The Department may issue a 60-day temporary permit to an applicant who has submitted an application and paid the required fees.
A license to act as a salesperson of vehicles, trailers or semitrailers, or to act in the capacity of a salesperson as defined in this chapter, issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.
An application for a salespersons license may be denied and a salespersons license may be suspended or revoked upon the following grounds:

(a) Failure of the applicant to establish by proof satisfactory to the Department that the applicant is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.

(b) Conviction of a class A or B felony.

(d) Conviction of a gross misdemeanor within the immediately preceding 10 years.

(e) Conviction of a misdemeanor within the immediately preceding 20 years for violation of any of the provisions of this chapter.

(f) Falsification of the application.

(g) Evidence of unfitness as described in NRS 482.3255 .

(h) Failure of the applicant to provide any information deemed necessary by the Department to process the application.

(i) Any reason determined by the Director to be in the best interests of the public.

Except where a dealer, lessor or rebuilder has multiple branches licensed under NRS 482.326 , a salesperson of vehicles shall not engage in any sales activity, or act in any other capacity as a salesperson as defined in this chapter, other than for the account of or for and in behalf of a single employer, at a specified place of business of that employer, who must be a licensed dealer, lessor or rebuilder.
If an application for a salespersons license has been denied, the applicant may reapply not less than 6 months after the denial.
A salespersons license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom the salesperson is licensed to sell vehicles.
If a licensed salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the license to act as a salesperson is automatically suspended and the right to act as a salesperson thereupon immediately ceases, and the person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salespersons license to the employer.
If a licensed salesperson changes his or her residential address, the salesperson shall submit a written notice of the change to the Department within 10 days after the change occurs.
If a person who holds a temporary permit to act as a salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the permit to act as a salesperson is automatically suspended, the right to act as a salesperson thereupon immediately ceases and the person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salespersons license to the employer.
A licensed dealer, lessor or rebuilder who employs a licensed salesperson shall notify the Department of the termination of his or her employment within 10 days following the date of termination by forwarding the salespersons license to the Department.
Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555 .

(Added to NRS by 1957, 510 ; A 1965, 1477 ; 1971, 1306 ; 1975, 239 , 280 ,

1534 ,

1577 ;

1977, 673 ; 1979, 1224 ; 1985, 338 , 926 ;

1991, 274 ; 1993, 628 ; 1997, 2072 ; 2007, 3213 ; 2013, 1838 ; 2017, 955 )

NRS

482.362

Salespersons: Licensing; fees; grounds for denial, suspension or revocation of license; reemployment; notice of change of address or termination; 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.]

A person shall not engage in the activity of a salesperson of vehicles, trailers or semitrailers, or act in the capacity of a salesperson as defined by this chapter, in the State of Nevada without first having received a license or temporary permit from the Department. Before issuing a license or temporary permit to engage in the activity of a salesperson, the Department shall require:

(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesperson, his or her residence address, and the name and address of the applicants employer.

(b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.

(d) Payment of a nonrefundable license fee of $75. The license expires on December 31 of each calendar year and may be renewed annually upon the payment of a fee of $40.

(g) Any other information the Department deems necessary.

The Department may issue a 60-day temporary permit to an applicant who has submitted an application and paid the required fees.
A license to act as a salesperson of vehicles, trailers or semitrailers, or to act in the capacity of a salesperson as defined in this chapter, issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.
An application for a salespersons license may be denied and a salespersons license may be suspended or revoked upon the following grounds:

(b) Conviction of a class A or B felony.

(d) Conviction of a gross misdemeanor within the immediately preceding 10 years.

(e) Conviction of a misdemeanor within the immediately preceding 20 years for violation of any of the provisions of this chapter.

(f) Falsification of the application.

(g) Evidence of unfitness as described in NRS 482.3255 .

(h) Failure of the applicant to provide any information deemed necessary by the Department to process the application.

(i) Any reason determined by the Director to be in the best interests of the public.

Except where a dealer, lessor or rebuilder has multiple branches licensed under NRS 482.326 , a salesperson of vehicles shall not engage in any sales activity, or act in any other capacity as a salesperson as defined in this chapter, other than for the account of or for and in behalf of a single employer, at a specified place of business of that employer, who must be a licensed dealer, lessor or rebuilder.
If an application for a salespersons license has been denied, the applicant may reapply not less than 6 months after the denial.
A salespersons license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom the salesperson is licensed to sell vehicles.
If a licensed salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the license to act as a salesperson is automatically suspended and the right to act as a salesperson thereupon immediately ceases, and the person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salespersons license to the employer.
If a licensed salesperson changes his or her residential address, the salesperson shall submit a written notice of the change to the Department within 10 days.
If a person who holds a temporary permit to act as a salesperson ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, the permit to act as a salesperson is automatically suspended, the right to act as a salesperson thereupon immediately ceases and the person shall not engage in the activity of a salesperson until he or she has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he or she has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salespersons license to the employer.
A licensed dealer, lessor or rebuilder who employs a licensed salesperson shall notify the Department of the termination of his or her employment within 10 days following the date of termination by forwarding the salespersons license to the Department.
Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555 .

(Added to NRS by 1957, 510 ; A 1965, 1477 ; 1971, 1306 ; 1975, 239 , 280 ,

1534 ,

1577 ;

1977, 673 ; 1979, 1224 ; 1985, 338 , 926 ;

1991, 274 ; 1993, 628 ; 1997, 2072 ; 2007, 3213 , 3215 ;

2013, 1838 ; 2017, 955 , 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 482.36363

NRS

482.36363

Hearings: Burden of proof; consideration of economic effect.

In any hearing on a protest filed pursuant to NRS 482.36352 , 482.36354 or 482.36357 , the manufacturer or distributor has the burden of proof to establish that there is good cause to terminate, refuse to continue, modify or replace a franchise, or to establish an additional dealership or relocate an existing dealership.
In any hearing on a protest filed pursuant to NRS 482.36357 , the Director shall consider the economic effect of the proposed action upon the protesting dealer.

(Added to NRS by 1981, 701 ; A 1999, 2510 )

NRS 482.367002

NRS

482.367002

Submission and contents of application; qualifications of certain organizations that are intended to receive financial support from issuance of special license plate; authority and duties of Department; public meeting; design and preparation of approved plate; use of design and colors; surety bond and release thereof; retention or return of plates upon disposal of vehicle; annual report.

A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:

(a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;

(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;

(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;

(d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;

(e) The organization is nondiscriminatory; and

(f) The license plate will not promote a specific religion, faith or antireligious belief.

An application submitted to the Department pursuant to subsection 1:

(a) Must be on a form prescribed and furnished by the Department;

(b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so:

(1) The name of the cause or charitable organization; and

(2) Whether the financial support intended to be generated for the particular cause or charitable organization will be for:

(I) General use by the particular cause or charitable organization; or

(II) Use by the particular cause or charitable organization in a more limited or specific manner;

(1) The organization which is requesting that the Department design, prepare and issue the special license plate; and

(2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;

(d) Must include proof that the organization satisfies the requirements set forth in subsection 1;

(e) Must be accompanied by a surety bond posted with the Department in the amount of $5,000, except that if the special license plate being requested is one of the type described in subsection 3 of NRS 482.367008 , the application must be accompanied by a surety bond posted with the Department in the amount of $20,000;

(f) Must, if the organization is a charitable organization, not including a governmental entity whose budget is included in the executive budget, include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization; and

(g) Must be accompanied by suggestions for the design of and colors to be used in the special license plate. The suggestion must be made in consultation with the charitable organization for which the special license plate is intended to generate financial support, if any.

If an application for a special license plate has been submitted pursuant to this section but the Department has not yet designed, prepared or issued the plate, the applicant shall amend the application with updated information when any of the following events take place:

(a) The name of the organization that submitted the application has changed since the initial application was submitted.

(b) The cause or charitable organization for which the special license plate being requested is intended to generate financial support has a different name than that set forth on the initial application.

(c) The cause or charitable organization for which the special license plate being requested is intended to generate financial support is different from that set forth on the initial application.

(d) A charitable organization which submitted a budget pursuant to paragraph (f) of subsection 2 prepares or has prepared a new or subsequent budget.

Ê The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a public meeting of the Department held pursuant to subsection 4, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice. The updating of information pursuant to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008 .

The Department shall hold a public meeting before determining whether to approve or disapprove:

(a) An application for the design, preparation and issuance of a special license plate that is submitted to the Department pursuant to subsection 1; and

(b) Except as otherwise provided in subsection 6, an application for the design, preparation and issuance of a special license plate that has been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to approve such an application, the Department shall consider, without limitation, whether it would be appropriate and feasible for the Department to design, prepare and issue the particular special license plate. The Department shall consider each application in the chronological order in which the application was received by the Department.

Before holding a public meeting pursuant to subsection 4, the Department shall:

(a) At least 30 days before the public meeting is held, notify:

(1) The person who requested the special license plate pursuant to subsection 1; and

(2) The charitable organization for which the special license plate is intended to generate financial support, if any; and

(b) Post a notice of the public meeting that complies with chapter 241 of NRS.

The provisions of paragraph (b) of subsection 4 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746 , 482.3751 , 482.3752 , 482.3757 , 482.3783 , 482.3785 , 482.3787 , 482.37901 , 482.37902 , 482.37906 , 482.37907 , 482.3791 , 482.3794 or 482.3817 .
The Department may design and prepare a special license plate requested pursuant to subsection 1 if the Department:

(a) Determines that the application for that plate complies with subsection 2; and

(b) Approves the application for that plate after holding the public meeting required pursuant to subsection 4.

Except as otherwise provided in NRS 482.367008 , the Department may issue a special license plate that:

(a) The Department has designed and prepared pursuant to subsection 7; and

(b) Complies with the requirements of NRS 482.367003 ,

Ê for any motorcycle, passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to

NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.

Upon making a determination to issue a special license plate pursuant to subsection 8, the Department shall notify:

(a) The person who requested the special license plate pursuant to subsection 1; and

(b) The charitable organization for which the special license plate is intended to generate financial support, if any.

After making a determination to issue a special license plate pursuant to this section, if the Department determines not to use the design or colors suggested pursuant to paragraph (g) of subsection 2, the Department shall notify the person who requested the special license plate pursuant to subsection 1. The notice must include, without limitation, the reasons the Department did not use the design or colors suggested pursuant to paragraph (g) of subsection 2.
Within 180 days after receiving the notice pursuant to subsection 10, the person who requested the special license plate pursuant to subsection 1 shall, in consultation with the charitable organization for which the special license plate is intended to generate financial support, if any, submit a revised suggestion for the design of and colors to be used in the special license plate. If the person does not submit a revised suggestion within 180 days after receiving the notice pursuant to subsection 10, the Department must:

(a) Not issue the special license plate; and

(b) Notify:

(1) The person who requested the special license plate pursuant to subsection 1; and

(2) The charitable organization for which the special license plate is intended to generate financial support, if any.

After receiving the suggested design of and colors to be used in the special license plate pursuant to paragraph (g) of subsection 2 or subsection 11 and upon determining the design of and the colors to be used in the special license plate, the Department shall submit the design of and the colors to be used in the special license plate to the person who requested the special license plate pursuant to subsection 1 and to the charitable organization for which the special license plate is intended to generate financial support, if any. The person and the charitable organization, if any, shall respond to the Department within 30 days after receiving the design of and the colors to be used in the special license plate and shall:

(a) Approve the design of and the colors to be used in the special license plate; or

(b) Submit suggestions to revise the design of or colors to be used in the special license plate.

Ê If the person who requested the special license plate pursuant to subsection 1 and the charitable organization for which the special license plate is intended to generate financial support, if any, fail to respond within 30 days after receiving the design of and the colors to be used in the special license plate, the person and charitable organization shall be deemed to approve the design of and the colors to be used in the special license plate. The Department may adopt regulations to carry out this subsection.

The Department must promptly release the surety bond posted pursuant to subsection 2:

(a) If the Department determines not to issue the special license plate;

(b) If the Department distributes the additional fees collected on behalf of a charitable organization to another charitable organization pursuant to subparagraph (2) of paragraph (c) of subsection 5 of NRS 482.38279 and the surety bond has not been released to the initial charitable organization; or

(c) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008 , except that if the special license plate is one of the type described in subsection 3 of NRS 482.367008 , the Department must promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008 .

If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399 ; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

On or before September 1 of each fiscal year, the Department shall compile a list of each special license plate the Department, during the immediately preceding fiscal year, designed and prepared pursuant to subsection 7 or issued pursuant to subsection 8. The list must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Department shall make that information available on its Internet website.
On or before January 31 of each year, the Department shall:

(a) Compile a report that contains information detailing:

(1) The requests submitted pursuant to subsection 1;

(2) The list compiled pursuant to subsection 15 for the immediately preceding fiscal year;

(3) Any special license plates that the Department will no longer issue pursuant to NRS 482.367008 ;

(4) The results of any activities conducted pursuant to NRS 482.38272 to

482.38279 , inclusive; and

(5) Any actions taken by the Department pursuant to subsections 4 and 5 of NRS 482.38279 ; and

(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.

(Added to NRS by 2003, 3064 ; A 2007, 323 , 798 ,

1037 ;

2013, 1400 , 1474 ,

2549 ,

2833 ;

2015, 996 ; 2019, 200 ; 2021, 44 , 346 ,

684 ;

2023, 2695 )

NRS 482.3749

NRS

482.3749

Hall of fame athletes.

The Department shall, using any colors and designs that the Department deems appropriate, design, prepare and issue license plates which indicate status as a hall of fame athlete. The design of the license plates must include the words hall of fame.
The Department shall issue license plates that indicate status as a hall of fame athlete for a passenger car or a light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265

and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate status as a hall of fame athlete if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate status as a hall of fame athlete.

An application for the issuance or renewal of license plates that indicate status as a hall of fame athlete is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of identity and status as a hall of fame athlete.
In addition to all other applicable registration and license fees and governmental services taxes:

(a) A person who requests license plates that indicate status as a hall of fame athlete shall pay a fee to the Department of $35.

(b) License plates that indicate status as a hall of fame athlete are renewable upon the payment to the Department of $10.

If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:

(a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

As used in this section, hall of fame athlete means a current or former athlete who has been inducted into a hall of fame pertaining to the sport in which the athlete participates or participated, including, but not limited to:

(a) The National Baseball Hall of Fame, located in Cooperstown, New York.

(b) The Basketball Hall of Fame, located in Springfield, Massachusetts.

(d) The Hockey Hall of Fame, located in Toronto, Ontario, Canada.

(e) The National Soccer Hall of Fame, located in Oneonta, New York.

(f) The International Tennis Hall of Fame, located in Newport, Rhode Island.

(g) The Pro Rodeo Hall of Fame, located in Colorado Springs, Colorado.

(h) Any hall of fame which has been established at a university, state college or community college within the Nevada System of Higher Education.

(Added to NRS by 1997, 1547 ; A 1997, 3006 ; 1999, 463 ; 2001, 317 ; 2005, 371 ; 2013, 211 , 2836 )

NRS 482.375

NRS

482.375

Holder of license for amateur radio station.

An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $35, must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law must be inscribed the words RADIO AMATEUR and the official amateur radio call letters of the applicant as assigned by the Federal Communications Commission. The annual fee for a renewal sticker is $10 unless waived by the Department pursuant to subsection 2. The plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck, except that such plates may not be used on a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 .
The Department may waive the annual fee for a renewal sticker if the applicant for renewal:

(a) Has submitted to the Department a statement under penalty of perjury that the applicant is the holder of an unrevoked and unexpired official amateur radio station license as required pursuant to subsection 1 and will assist in communications during local, state and federal emergencies; and

(b) Satisfies any other requirements established by the Department by regulation for such a waiver.

The cost of the die and modifications necessary for the issuance of a license plate pursuant to this section must be paid from private sources without any expense to the State of Nevada.
The Department may adopt regulations:

(a) To ensure compliance with all state license laws relating to the use and operation of a motor vehicle before issuance of the plates in lieu of the regular Nevada license plate or plates.

(b) Setting forth the requirements and procedure for obtaining a waiver of the annual fee for a renewal sticker except that an applicant for the waiver must not be required to submit to the Department the statement required pursuant to paragraph (a) of subsection 2 more than once.

All applications for the plates authorized by this section must be made to the Department.
If, during a registration period, the holder of license plates issued pursuant to this section is no longer eligible to hold the license plates pursuant to subsection 1, he or she shall surrender any of those license plates in his or her possession to the Department and is entitled to receive regular Nevada license plates.

[1:253:1951] + [2:253:1951] + [3:253:1951]—(NRS A 1959, 914 ; 1965, 318 ; 1975, 63 ; 1979, 309 ; 1983, 1229 ; 1985, 682 ; 1987, 1147 ; 1989, 1615 ; 1991, 2315 ; 1993, 2166 ; 1997, 2998 ; 2013, 2837 ; 2019, 1389 )

NRS 482.3751

NRS

482.3751

Person who has achieved rank of Eagle Scout in Boy Scouts of America.

The Department, in cooperation with the Boy Scouts of America, shall design, prepare and issue license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America using any colors the Department deems appropriate.
The Department shall issue license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America for a passenger car or light commercial vehicle upon application by a person who:

(a) Is entitled to license plates pursuant to NRS 482.265 ;

(b) As proof that the person has been awarded the rank of Eagle Scout in the Boy Scouts of America, submits a card or certificate issued by the Boy Scouts of America or a letter issued by a local area council of the Boy Scouts of America stating that the person has been awarded that rank; and

A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America pursuant to subsections 4 and 5.
The fee payable to the Department for license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.
In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates recognizing that a person has achieved the rank of Eagle Scout in the Boy Scouts of America must pay for the issuance of the plates an additional fee of $35 and for each renewal of the plates an additional fee of $25, to be deposited in accordance with subsection 6.
Except as otherwise provided in NRS 482.38279 , the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Las Vegas Area Council of the Boy Scouts of America. The Las Vegas Area Council shall allocate the fees to itself and the Nevada Area Council of the Boy Scouts of America in proportion to the number of license plates issued pursuant to this section in the area represented by each area council. The fees must be used to assist boys with the costs of participating in local area camps sponsored by the Boy Scouts of America.
If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

(Added to NRS by 2015, 654 )

NRS 482.3752

NRS

482.3752

Person who has been awarded Girl Scout Gold Award by Girl Scouts of America.

The Department, in cooperation with the Girl Scouts of America, shall design, prepare and issue license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America using any colors the Department deems appropriate.
The Department shall issue license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America for a passenger car or light commercial vehicle upon application by a person who:

(a) Is entitled to license plates pursuant to NRS 482.265 ;

(b) As proof that the person has been awarded the Girl Scout Gold Award by the Girl Scouts of America, submits a certificate issued by the Girl Scouts of America or a letter issued by a local area council of the Girl Scouts of America stating that the person has been awarded the Girl Scout Gold Award; and

A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America pursuant to subsections 4 and 5.
The fee payable to the Department for license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.
In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates recognizing that a person has been awarded the Girl Scout Gold Award by the Girl Scouts of America must pay for the issuance of the plates an additional fee of $35 and for each renewal of the plates an additional fee of $25, to be deposited in accordance with subsection 6.
Except as otherwise provided in NRS 482.38279 , the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Girl Scouts of Southern Nevada of the Girl Scouts of America. The Girl Scouts of Southern Nevada shall allocate the fees to itself and the Girl Scouts of the Sierra Nevada and the Girl Scouts of Silver Sage Council of the Girl Scouts of America in proportion to the number of license plates issued pursuant to this section in the area represented by each area council. The fees must be used to assist girls from low-income families with the costs of participating in the Girl Scouts of America and to promote the Girl Scouts of America in schools.
If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

(Added to NRS by 2015, 656 )

NRS 482.3753

NRS

482.3753

Professional full-time salaried firefighters.

Except as otherwise provided in this section, the Department, in cooperation with professional full-time salaried firefighters in the State of Nevada, shall design, prepare and issue license plates that recognize current or former employment as a professional full-time salaried firefighter using any colors and designs which the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
The Department shall issue license plates that recognize current or former employment as a professional full-time salaried firefighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to

NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize current or former employment as a professional full-time salaried firefighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize current or former employment as a professional full-time salaried firefighter.

An application for the issuance of license plates that recognize current or former employment as a professional full-time salaried firefighter is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of the identity of the applicant and proof of the applicants:

(a) Current employment as a professional full-time salaried firefighter; or

(b) Status as a former professional full-time salaried firefighter who retired from employment after completing at least 10 years of creditable service as a firefighter within this State or any other jurisdiction with:

(1) A fire department; or

(2) A federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.

Proof of an applicants current or former employment as a professional full-time salaried firefighter must consist of:

(a) An identification card issued by the Professional Fire Fighters of Nevada or its successor;

(b) An identification card issued by the Nevada Fire Chiefs Association or its successor;

(c) An identification card issued by a professional firefighters or chiefs organization or association from any other jurisdiction that is acceptable to the Department; or

(d) A letter certifying the applicants current or former employment as a professional full-time salaried firefighter, which letter must be from:

(1) The Professional Fire Fighters of Nevada or its successor;

(2) The Nevada Fire Chiefs Association or its successor;

(3) A professional firefighters or chiefs organization or association from any other jurisdiction that is acceptable to the Department; or

(4) The chief officer of a federal or state agency or any other jurisdiction, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.

An application for the renewal of license plates issued pursuant to this section is not required to be accompanied by proof of the applicants current or former employment as a professional full-time salaried firefighter.
The fee payable to the Department for license plates that recognize current or former employment as a professional full-time salaried firefighter is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10 in addition to all other applicable registration and license fees and governmental services taxes.
In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 6, a person who requests a set of license plates that recognize current or former employment as a professional full-time salaried firefighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support the Professional Fire Fighters of Nevada Benevolent Association.
The Department shall deposit the fees collected pursuant to subsection 7 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Professional Fire Fighters of Nevada Benevolent Association.
If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

As used in this section:

(a) Any other jurisdiction means any governmental or quasi-governmental entity within the United States which employs professional full-time salaried firefighters and includes, without limitation, any city, county, state, territory, Indian tribe or branch of the Armed Forces of the United States.

(b) Professional full-time salaried firefighter means a person employed in this State or any other jurisdiction in a full-time salaried occupation of fire fighting for the benefit or safety of the public.

(Added to NRS by 1997, 1358 ; A 2001, 318 , 1510 ;

2007, 78 ; 2013, 2838 ; 2015, 62 ; 2023, 2915 )

NRS 482.3754

NRS

482.3754

Volunteer firefighters.

Except as otherwise provided in this section, the Department, in cooperation with the Nevada State Firefighters Association or its successor, shall design, prepare and issue license plates that recognize current or former service as a volunteer firefighter using any colors and designs which the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
The Department shall issue license plates that recognize current or former service as a volunteer firefighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to

NRS 482.3667 be combined with license plates that recognize current or former service as a volunteer firefighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize current or former service as a volunteer firefighter.

An application for the issuance of license plates that recognize current or former service as a volunteer firefighter is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of the identity of the applicant and proof of the applicants current service as a volunteer firefighter or status as a former volunteer firefighter who retired from service as a volunteer firefighter within this State after completing at least 10 years of active service. Proof of an applicants current or former service as a volunteer firefighter must consist of:

(a) An identification card which indicates that the applicant currently serves as a volunteer firefighter; or

(b) A letter from the chief officer of a volunteer or combination fire department certifying the applicants current or former service as a volunteer firefighter.

An application for the renewal of license plates issued pursuant to this section is not required to be accompanied by proof of the applicants current or former service as a volunteer firefighter.
The fee payable to the Department for license plates that recognize current or former service as a volunteer firefighter is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10 in addition to all other applicable registration and license fees and governmental services taxes.
In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 5, a person who requests a set of license plates that recognize current or former service as a volunteer firefighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support the training of volunteer firefighters.
The Department shall deposit the fees collected pursuant to subsection 6 with the State Treasurer for credit to the State General Fund. The State Treasurer shall account separately for the money deposited pursuant to this subsection and reserve such money for expenditure by the State Fire Marshal in accordance with this subsection. The State Fire Marshal may expend the money reserved pursuant to this subsection solely for the support of, and to pay expenses related to, training for volunteer firefighters provided by or as directed by the Board of Directors of the Nevada State Firefighters Association or its successor.
If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

As used in this section:

(a) Combination fire department means a fire department that is:

(1) Served by both volunteer and full-time salaried firefighters; and

(2) Recognized as such by the State Fire Marshal.

(b) Volunteer fire department means a fire department recognized as a bona fide volunteer fire department by the State Fire Marshal.

(c) Volunteer firefighter means a person who serves actively in an unpaid capacity in a volunteer or combination fire department within this State as a firefighter for the benefit or safety of the public.

(Added to NRS by 2001, 1508 ; A 2013, 2839 ; 2023, 2917 )

NRS 482.3755

NRS

482.3755

Member of Nevada Wing of Civil Air Patrol.

An owner of a motor vehicle who is a resident of this State and is a member of the Nevada Wing of the Civil Air Patrol may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of membership, be issued license plates upon which is inscribed CIVIL AIR PATROL with a number of characters, including numbers and letters, as determined necessary by the Director pursuant to NRS 482.367003 . The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker is $10.
Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.
Any member of the Nevada Wing of the Civil Air Patrol who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. If a member is dishonorably discharged, he or she shall surrender any of these special plates in his or her possession to the Department at least 10 days before the members discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.

(Added to NRS by 1991, 193 ; A 1991, 2322 ; 1997, 2999 ; 2001, 318 ; 2013, 2554 ; 2021, 691 )

NRS 482.376

NRS

482.376

Member of Nevada National Guard. [Effective until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to carry out the amendatory provisions of chapter 509,

Statutes of Nevada 2023, at page 3285

An owner of a motor vehicle who is a resident of this State and is an enlisted or commissioned member of the Nevada National Guard may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of enlistment, be issued license plates upon which is inscribed NATL GUARD with a number of characters, including numbers and letters, as determined necessary by the Director pursuant to NRS 482.367003 . The applicant shall comply with the laws of this State concerning motor vehicles, including the payment of the regular registration fees, as prescribed by this chapter. There is an additional fee of $5 for the issuance of those plates.
Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.
Any member of the Nevada National Guard other than the Adjutant General, who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. The Adjutant General shall surrender any license plates issued to him or her as Adjutant General to the Department when he or she leaves office, and may then be issued special license plates as described in subsection 1. If a member is dishonorably discharged, the member shall surrender any of these special plates in his or her possession to the Department at least 10 days before the members discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.

(Added to NRS by 1973, 154 ; A 1975, 64 ; 1985, 682 , 759 ;

1987, 1147 ; 1991, 2315 ; 2013, 2555 ; 2021, 691 )

NRS

482.376

Member of Nevada National Guard. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to carry out the amendatory provisions of chapter 509,

Statutes of Nevada 2023, at page 3285

An owner of a motor vehicle who is a resident of this State and is an enlisted or commissioned member of the Nevada National Guard may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of enlistment, be issued license plates upon which is inscribed NATL GUARD with a number of characters, including numbers and letters, as determined necessary by the Director pursuant to NRS 482.367003 . The applicant shall comply with the laws of this State concerning motor vehicles, including the payment of the regular registration fees, as prescribed by this chapter. There is an additional fee of $5 for the issuance of those plates.
Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.
Any member of the Nevada National Guard other than the Adjutant General, who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. The Adjutant General shall surrender any license plates issued to him or her as Adjutant General to the Department when he or she leaves office, and may then be issued special license plates as described in subsection 1. If a member is dishonorably discharged, the member shall surrender any of these special plates in his or her possession to the Department at least 10 days before the members discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.
A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates issued pursuant to this section if the person pays the fees prescribed by NRS 482.367 , for the personalized prestige license plates in addition to the fees prescribed by this section for the license plates issued pursuant to this section.

(Added to NRS by 1973, 154 ; A 1975, 64 ; 1985, 682 , 759 ;

1987, 1147 ; 1991, 2315 ; 2013, 2555 ; 2021, 691 ; 2023, 3287 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to carry out the amendatory provisions of chapter 509, Statutes of Nevada 2023, at page 3285 )

NRS 482.37635

NRS

482.37635

Support of veterans homes: Decals indicating service in specific military unit; design; application; compliance with federal law; regulations.

The Director shall approve the design and order the preparation of decals that may be affixed by the Department, upon request, to special license plates issued pursuant to NRS 482.3763 . The decals must:

(a) Display the emblem or other insigne of specific military units within particular branches of the Armed Forces of the United States;

(b) Be no more than 1 3/4 inches in height by 1 3/4 inches in width; and

An applicant for the issuance or renewal of the special license plates described in NRS 482.3763 may obtain decals for those plates if:

(a) The military unit the applicant requests to be displayed on the decals is a recognized unit within a particular branch of the Armed Forces of the United States;

(b) The applicant meets the requirements set forth in NRS 482.3763 ; and

(c) The applicant provides documentation which, in the determination of the Department, provides reasonable proof of the identity of the applicant and proof of his or her status as a member of the specific military unit to be displayed on the decals.

The Director may use or imitate a seal, emblem or other insigne of a unit within a branch of the Armed Forces of the United States only if that use or imitation complies with the provisions of 10 U.S.C. § 1057.
The Department may adopt regulations governing the issuance of a decal described in subsection 1.

(Added to NRS by 1999, 1172 )

NRS 482.3797

NRS

482.3797

Electric powered vehicles. [Effective until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

The Department shall:

(a) Design, prepare and issue special license plates for passenger cars and light commercial vehicles that are wholly powered by an electric motor, using any colors and designs that the Department deems appropriate; and

(b) Issue the plates only to residents of Nevada for a passenger car or light commercial vehicle which is wholly powered by an electric motor.

The Department may issue special license plates pursuant to subsection 1 upon application by any person who:

(a) Is entitled to license plates pursuant to NRS 482.265 ;

(b) Submits proof satisfactory to the Department that the vehicle for which the special license plates are intended meets the requirements of subsection 1; and

The fee for the special license plates is $125, in addition to applicable governmental services taxes. The special license plates are renewable upon the payment of $80.
A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates pursuant to subsection 3.
The Department, after deducting the costs of all applicable registration, license and license plate fees, shall deposit the fees collected pursuant to subsection 3 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in the State Highway Fund.
If, during a registration period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedures set forth for other transfers; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

(Added to NRS by 2019, 2519 )

NRS

482.3797

Electric powered vehicles. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

The Department shall:

(a) Design, prepare and issue special license plates for vehicles that are wholly powered by an electric motor, using any colors and designs that the Department deems appropriate; and

(b) Issue the plates only to residents of Nevada for a vehicle which is wholly powered by an electric motor.

The Department may issue special license plates pursuant to subsection 1 upon application by any person who:

(a) Is entitled to license plates pursuant to NRS 482.265 ;

(b) Submits proof satisfactory to the Department that the vehicle for which the special license plates are intended meets the requirements of subsection 1; and

The fee for the issuance of special license plates is $90, in addition to the registration fees set forth in NRS 482.480 and 482.482 , as applicable, and governmental services taxes. The special license plates are renewable upon the payment of $46.
A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates pursuant to subsection 3.
The Department, after deducting the costs of all applicable registration, license and license plate fees, shall deposit the fees collected pursuant to subsection 3 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in the State Highway Fund.
If, during a registration period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedures set forth for other transfers; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

(Added to NRS by 2019, 2519 ; A 2023, 1473 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233, Statutes of Nevada 2023, at page 1468 , which relate to autocycles)

NRS 482.381

NRS

482.381

Antique vehicle: Old Timer.

Except as otherwise provided in subsection 4, the Department may issue special license plates and registration certificates to residents of Nevada for any motor vehicle which:

(a) Is a model manufactured more than 40 years before the date of application for registration pursuant to this section; and

(b) Has proof satisfactory to the Department that the vehicle is covered by insurance that meets the requirements of NRS 485.185 and that:

(1) Is designed or designated specifically for a classic or antique vehicle; or

(2) Includes an endorsement designed or designated specifically for classic or antique vehicles.

Except as otherwise provided in subsection 4, any vehicle issued special license plates and a registration certificate pursuant to subsection 1 shall not be used for general transportation but may be used for:

(a) Club activities, exhibitions, tours, parades or similar activities; and

(b) Such other uses as are necessary for the operation and maintenance of the vehicle.

A vehicle that complies with subsection 2 is exempt from the provisions of NRS 445B.770 to 445B.815 , inclusive.
If the owner of the vehicle elects to use the vehicle for general transportation, he or she:

(a) Except as otherwise provided in NRS 482.2655 , shall not be issued special license plates and a registration certificate pursuant to subsection 1; and

(b) Shall comply with the provisions of NRS 445B.770 to 445B.815 , inclusive.

License plates issued pursuant to this section must bear the inscription Old Timer, and the plates must be numbered consecutively.
The Nevada Old Timer Club members shall bear the cost of the dies for carrying out the provisions of this section.
The Department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and applicable taxes:

(a) For the first issuance............................................................................................. $35

(b) For a renewal sticker............................................................................................... 10

In addition to the fees required pursuant to subsection 7, the Department shall charge and collect a fee for the first issuance of the license plates for those motor vehicles exempted pursuant to subsection 3 from the provisions of NRS 445B.770 to 445B.815 , inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830 .
Fees paid to the Department pursuant to subsection 8 must be accounted for in the Pollution Control Account created by NRS 445B.830 .
As used in this section, general transportation means a vehicle that is:

(a) Driven more than 5,000 miles during the immediately preceding year; or

(b) Used in any capacity for commercial purposes.

(Added to NRS by 1973, 1156 ; A 1991, 2320 ; 1997, 3001 ; 2001, 331 ; 2011, 1527 ; 2015, 1757 ; 2019, 76 ; 2021, 693 , 2170 )

NRS 482.3814

NRS

482.3814

Classic Rods.

Except as otherwise provided in subsection 4, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

(a) Having a manufacturers rated carrying capacity of 1 ton or less;

(b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the Department; and

(c) Having proof satisfactory to the Department that the vehicle is covered by insurance that meets the requirements of NRS 485.185 and that:

(1) Is designed or designated specifically for a classic or antique vehicle; or

(2) Includes an endorsement designed or designated specifically for classic or antique vehicles.

Except as otherwise provided in subsection 4, any vehicle issued special license plates and a registration certificate pursuant to subsection 1 shall not be used for general transportation but may be used for:

(a) Club activities, exhibitions, tours, parades or similar activities; and

(b) Such other uses as are necessary for the operation and maintenance of the vehicle.

A vehicle that complies with subsection 2 is exempt from the provisions of NRS 445B.770 to 445B.815 , inclusive.
If the owner of the vehicle elects to use the vehicle for general transportation, he or she:

(a) Except as otherwise provided in NRS 482.2655 , shall not be issued special license plates and a registration certificate pursuant to subsection 1; and

(b) Shall comply with the provisions of NRS 445B.770 to 445B.815 , inclusive.

Except as otherwise provided in subsection 6, license plates issued pursuant to this section must be inscribed with the words CLASSIC ROD and a number of characters, including numbers and letters, as determined necessary by the Director pursuant to NRS 482.367003 .
A person may request personalized prestige license plates issued pursuant to NRS 482.3667 instead of a special license plate issued pursuant to subsection 5 if that person pays the fees for the personalized prestige license plates in addition to the fees required pursuant to this section.
If, during a registration year, the holder of special plates issued pursuant to subsection 5 or 6 disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.
In addition to the fees required pursuant to subsection 8, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to subsection 3 from the provisions of NRS 445B.770 to 445B.815 , inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830 .
Fees paid to the Department pursuant to subsection 9 must be accounted for in the Pollution Control Account created by NRS 445B.830 .
As used in this section, general transportation means a vehicle that is:

(a) Driven more than 5,000 miles during the immediately preceding year; or

(b) Used in any capacity for commercial purposes.

(Added to NRS by 1989, 1732 ; A 1991, 2321 ; 1997, 3002 ; 2001, 331 ; 2011, 1528 ; 2013, 2557 ; 2015, 324 , 1758 ;

2019, 77 ; 2021, 695 , 2171 )

NRS 482.3816

NRS

482.3816

Classic Vehicles.

Except as otherwise provided in subsection 4, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

(a) Having a manufacturers rated carrying capacity of 1 ton or less;

(b) Manufactured at least 25 years before the application is submitted to the Department;

(c) Containing only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts; and

(d) Having proof satisfactory to the Department that the vehicle is covered by insurance that meets the requirements of NRS 485.185 and that:

(1) Is designed or designated specifically for a classic or antique vehicle; or

(2) Includes an endorsement designed or designated specifically for classic or antique vehicles.

Except as otherwise provided in subsection 4, any vehicle issued special license plates and a registration certificate pursuant to subsection 1 shall not be used for general transportation but may be used for:

(a) Club activities, exhibitions, tours, parades or similar activities; and

(b) Such other uses as are necessary for the operation and maintenance of the vehicle.

A vehicle that complies with subsection 2 is exempt from the provisions of NRS 445B.770 to 445B.815 , inclusive.
If the owner of the vehicle elects to use the vehicle for general transportation, he or she:

(a) Except as otherwise provided in NRS 482.2655 , shall not be issued special license plates and a registration certificate pursuant to subsection 1; and

(b) Shall comply with the provisions of NRS 445B.770 to 445B.815 , inclusive.

Except as otherwise provided in subsection 6, license plates issued pursuant to this section must be inscribed with the words CLASSIC VEHICLE and a number of characters, including numbers and letters, as determined necessary by the Director pursuant to NRS 482.367003 .
A person may request personalized prestige license plates issued pursuant to NRS 482.3667 instead of a special license plate issued pursuant to subsection 5 if that person pays the fees for the personalized prestige license plates in addition to the fees required pursuant to this section.
If, during a registration period, the holder of special plates issued pursuant to subsection 5 or 6 disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.

The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.
In addition to the fees required pursuant to subsection 8, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to subsection 3 from the provisions of NRS 445B.770 to 445B.815 , inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830 .
Fees paid to the Department pursuant to subsection 9 must be accounted for in the Pollution Control Account created by NRS 445B.830 .
As used in this section, general transportation means a vehicle that is:

(a) Driven more than 5,000 miles during the immediately preceding year; or

(b) Used for any capacity for commercial purposes.

(Added to NRS by 1995, 788 ; A 2001, 332 ; 2011, 1529 ; 2013, 2558 , 2860 ;

2015, 325 , 1758 ;

2019, 78 ; 2021, 695 , 2172 )

NRS 482.396

NRS

482.396

Permit to operate certain unregistered vehicles; operation by purchaser without permit.

A person who is not a dealer, manufacturer or rebuilder may apply to the Department for a permit to operate a vehicle which:

(a) Is not subject to the provisions of NRS 482.390 , 482.395 and 706.801 to 706.861 , inclusive; and

(b) Is not currently registered in this State, another state or a foreign country, or has been purchased by the applicant from a person who is not a dealer.

The Department shall adopt regulations imposing a fee for the issuance of the permit.
Each permit must:

(a) Bear the date of expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight;

(b) Expire at 5 p.m. not more than 60 days after its date of issuance;

(d) Be removed and destroyed upon its expiration or the issuance of a new permit or a certificate of registration for the vehicle, whichever occurs first.

The Department may authorize the issuance of more than one permit for the vehicle to be operated by the applicant.
A person who is not a dealer, manufacturer or rebuilder who purchased a vehicle described in subsection 1 may move the vehicle without being issued a permit pursuant to this section for 3 days after the date of purchase if the person carries in the vehicle:

(a) Proof of ownership or proof of purchase; and

(b) Proof of liability insurance.

(Added to NRS by 1975, 238 ; A 1981, 868 ; 1985, 683 ; 2001, 913 ; 2010, 26th Special Session, 47 ; 2021, 698 )

NRS 482.3961

NRS

482.3961

Nonresident business permit required for vehicle owned by nonresident who allows vehicle to be operated in this State for business purpose; conditions; application; fees; penalties; regulations.

Except as otherwise provided in this section and NRS 482.390 and 706.801 to 706.861 , inclusive, a nonresident who:

(a) Is not a natural person;

(b) Is the owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter; and

(c) Allows that vehicle to be operated in this State by an employee, independent contractor or any other person for the purpose of engaging in the business of the nonresident within this State,

Ê shall, within 10 days after the commencement of such operation, apply for a nonresident business permit for the vehicle.

The Department shall grant an application for the permitting of a vehicle pursuant to subsection 1 if the nonresident owner of the vehicle:

(a) Submits proof that the vehicle has been registered for the current year in the state, country or other place of which the owner is a resident;

(b) Submits proof that the vehicle is currently insured in compliance with the laws of the state, country or other place of which the owner is a resident;

(c) Submits proof that the vehicle has been tested for emissions in compliance with the laws of the state, country or other place of which the owner is a resident or, if the place where the owner is a resident does not require the testing of the emissions of motor vehicles, complies with the provisions of NRS 445B.700 to 445B.815 , inclusive, and the regulations adopted pursuant thereto for the vehicle as if the vehicle were required to comply with those provisions; and

(d) Pays a fee of:

(1) Two hundred dollars for the first vehicle for which the owner obtains a permit pursuant to this section.

(2) One hundred and fifty dollars for each additional vehicle for which the owner obtains a permit pursuant to this section.

The Department shall issue to a nonresident owner who obtains a permit for a vehicle pursuant to this section an indicator for the permitted vehicle that must be displayed on the permitted vehicle when the permitted vehicle is operated in this State. The indicator issued pursuant to this subsection is nontransferable and expires 1 year after the date of issuance.
All fees paid pursuant to subsection 2 must be deposited with the State Treasurer for credit to the State Highway Fund and expended pursuant to subsection 2 of NRS 408.235 .
A person who violates the provisions of this section is guilty of a misdemeanor and shall be punished:

(a) For the first offense, by a fine of not more than $500.

(b) For the second and each subsequent offense, by a fine of not more than $750.

Ê The failure of a person to comply with the provisions of this section for each vehicle to which this section applies constitutes a separate offense.

A vehicle may be cited for a violation of this section regardless of whether it is in operation or is parked on a highway, in a public parking lot or on private property which is open to the public if, after communicating with the owner or operator of the vehicle, the peace officer issuing the citation determines that the vehicle is required to be permitted pursuant to subsection 1. As used in this subsection, peace officer includes a constable.
The Department may adopt such regulations as are necessary to carry out the provisions of this section.
The provisions of this section do not apply with respect to a vehicle that is leased or rented to a lessee by a short-term lessor, as that term is defined in subsection 5 of NRS 482.053 .

(Added to NRS by 2013, 3191 )

NRS 482.460

NRS

482.460

Unsafe or improperly equipped vehicle.

The Department shall rescind and cancel the registration of any vehicle which the Department determines is unsafe, unfit to be operated or not equipped as required by law.
The Department shall rescind and cancel the registration of any vehicle if the registered owner of the vehicle is issued a citation or notice of violation for operating a motor vehicle in violation of subsection 2 of NRS 484D.415 , unless the owner provides, within 30 days after the citation or notice is issued, proof to the Department that the condition for which he or she was issued the notice or citation has been corrected.

[Part 23:202:1931; A 1953, 280 ]—(NRS A 1995, 2353 )

NRS 482.463

NRS

482.463

Surrender or proof of loss of certificate of registration and license plates of vehicle with declared gross weight in excess of 26,000 pounds: Refund or credit for excise taxes.

The holder of an original registration for a motor vehicle with a declared gross weight in excess of 26,000 pounds may, upon surrendering the certificate of registration and the corresponding license plates to the Department or upon signing a notarized statement indicating the certificate of registration and the corresponding license plates were lost and providing such supporting documentation as the Department requires, apply to the Department:

For a refund of an amount equal to that portion of the governmental services taxes and registration fees paid for the motor vehicle that is attributable, on a pro rata monthly basis, to the remainder of the period of registration; or
To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.

(Added to NRS by 1989, 1421 ; A 1997, 321 ; 2001, 335 ; 2007, 55 )

NRS 482.485

NRS

482.485

Weighing of motor vehicles by public weighmasters; alternative for farm vehicles.

The provisions of chapter 582 of NRS (Public Weighmasters) are hereby made applicable to this chapter.
Except as otherwise provided in subsection 6, all motor vehicles required to be weighed under the provisions of this chapter must be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the Director and the State Sealer of Measurement Standards, and according to the provisions of chapter 582 of NRS.
The Department for registration purposes only may collect a fee, not to exceed $1, for each vehicle weighed by the Department.
From time to time, upon request of the Director, the State Sealer of Measurement Standards shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.
Public weighmasters certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the Director as evidence of the weight of the motor vehicle for which a license is applied.
In lieu of weighing a farm vehicle pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:

(a) Weigh the farm vehicle on a scale which has been certified by the State Sealer of Measurement Standards; and

(b) Use a printout from that scale setting forth the declared gross weight of the farm vehicle as proof of the declared gross weight of the farm vehicle for purposes of this chapter.

[Part 25:202:1931; A 1931, 339 ; 1933, 249 ; 1935, 375 ; 1937, 76 , 330 ;

1947, 613 ; 1955, 127 , 350 ]—(NRS A 1961, 132 ; 1973, 443 ; 2009, 169 ; 2013, 2472 )

NRS 482.5163

NRS

482.5163

Sale of repossessed vehicle in commercially reasonable manner; application of proceeds; injunctive relief; damages.

Every repossessed vehicle shall be sold in a commercially reasonable manner. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the secured party either sells the vehicle in the usual manner in any recognized market for such a vehicle or if the secured party sells at the price current in such market at the time of his or her sale or has otherwise sold in conformity with reasonable commercial practices among dealers in the type of vehicle sold the secured party has sold in a commercially reasonable manner. A disposition which has been approved in any judicial proceeding shall conclusively be deemed to be commercially reasonable, but this sentence does not indicate that any such approval must be obtained in any case nor does it indicate that any disposition not so approved is not commercially reasonable.
The proceeds of disposition shall be applied in the order following to:

(a) The reasonable expenses of retaking, holding, preparing for sale and selling, and, to the extent provided for in the agreement, the reasonable attorneys fees and legal expenses incurred by the secured party.

(b) The satisfaction of indebtedness secured by the security interest under which the disposition is made.

(c) The satisfaction of indebtedness secured by any subordinate security interest in the collateral if written notification of demand therefor is received before distribution of the proceeds is completed. If requested by the secured party, the holder of a subordinate security interest must seasonably furnish reasonable proof of his or her interest, and unless he or she does so, the secured party need not comply with the demand.

(d) The payment of any surplus to the debtor.

If it is established that the secured party is not proceeding in accordance with the provisions of this section and NRS 482.516 disposition may be ordered or restrained on appropriate terms and conditions. If the disposition has occurred, the debtor or any person entitled to notification or whose security interest has been made known to the secured party prior to the disposition has a right to recover from the secured party any loss caused by failure to comply with the provisions of this section. If the disposition was not commercially reasonable, as specified in subsection 1, the debtor has a right to recover double the debtors actual damages.

(Added to NRS by 1975, 1813 )

NRS 482.5165

NRS

482.5165

Repossession of vehicle of certain persons prohibited during governmental shutdown; penalty.

Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a person liable on a security agreement provides proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker and a shutdown is occurring or has occurred, a person shall not repossess or direct or authorize another person to repossess a vehicle of that person during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends.
Any person who knowingly repossesses a vehicle or authorizes another person to repossess a vehicle in violation of this section:

(a) Is guilty of a misdemeanor; and

(b) May be liable for actual damages, reasonable attorneys fees and costs incurred by the injured party.

In imposing liability pursuant to paragraph (b) of subsection 2, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she repossessed a vehicle or directed or authorized another person to repossess a vehicle.
As used in this section:

(a) Federal worker has the meaning ascribed to it in NRS 40.002 .

(b) Household member has the meaning ascribed to it in NRS 40.0025 .

(d) State worker has the meaning ascribed to it in NRS 40.004 .

(e) Tribal worker has the meaning ascribed to it in NRS 40.0045 .

(Added to NRS by 2019, 3195 )

NRS 483.2521

NRS

483.2521

Drivers who are 16 or 17 years of age: Prerequisites to issuance of license.

Except as otherwise provided in subsection 4, the Department may issue a drivers license to a person who is 16 or 17 years of age if the person:

(a) Except as otherwise provided in subsection 2, has completed:

(1) A course in automobile driver education pursuant to NRS 389.090 ; or

(2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780 , inclusive, and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to

NRS 389.090 ;

(b) Except as otherwise provided in subsection 3, has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267 , 483.270 or 483.280 , including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

(c) Except as otherwise provided in subsection 3, submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:

(1) By his or her parent or legal guardian; or

(2) If the person applying for the drivers license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,

Ê who attests that the person applying for the drivers license has completed the training and experience required pursuant to paragraphs (a) and (b);

(d) Submits to the Department:

(1) A written statement signed by the principal of the public school in which the person is enrolled or by a designee of the principal and which is provided to the person pursuant to NRS 392.123 ;

(2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory enrollment and attendance pursuant to NRS 392.070 ;

(3) A copy of the persons high school diploma or certificate of attendance; or

(4) A copy of the persons certificate of general educational development or an equivalent document;

(e) Has not been found to be responsible for a motor vehicle crash during the 6 months before applying for the drivers license;

(f) Has not been convicted of or found by a court to have committed a moving traffic violation or convicted of a crime involving alcohol or a controlled substance during the 6 months before applying for the drivers license; and

(g) Has held an instruction permit for not less than 6 months before applying for the drivers license.

If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a persons residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.
In lieu of the supervised experience required pursuant to paragraph (b) of subsection 1, a person applying for a Class C noncommercial drivers license may provide to the Department proof that the person has successfully completed:

(a) The training required pursuant to paragraph (a) of subsection 1; and

(b) A hands-on course in defensive driving that has been approved by the Department pursuant to NRS 483.727 .

A person who is 16 or 17 years of age, who has held an instruction permit issued pursuant to subsection 4 of NRS 483.280 authorizing the holder of the permit to operate a motorcycle and who applies for a drivers license pursuant to this section that authorizes him or her to operate a motorcycle must comply with the provisions of paragraphs (d) to (g), inclusive, of subsection 1 and must:

(a) Except as otherwise provided in subsection 5, complete a course of motorcycle safety approved by the Department;

(b) Have at least 50 hours of experience in driving a motorcycle with an instruction permit issued pursuant to subsection 4 of NRS 483.280 ; and

(c) Submit to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of experience required pursuant to paragraph (b) and which is signed by his or her parent or legal guardian who attests that the person applying for the motorcycle drivers license has completed the training and experience required pursuant to paragraphs (a) and (b).

If a course described in paragraph (a) of subsection 4 is not offered within a 30-mile radius of a persons residence, the person may, in lieu of completing the course, complete an additional 50 hours of experience in driving a motorcycle in accordance with paragraph (b) of subsection 4.

(Added to NRS by 2005, 2306 ; A 2013, 2463 ; 2015, 1630 ; 2017, 963 ; 2019, 2971 ; 2021, 3300 ; 2023, 1224 )

NRS 483.283

NRS

483.283

Proof of compliance with certain statutory provisions required for issuance to or renewal of license of certain criminal offenders; expiration of license; regulations.

The Department shall not issue a drivers license to an offender or renew the drivers license of an offender until the Department has received information submitted by the Central Repository pursuant to NRS 179D.570 or other satisfactory evidence indicating that the offender is in compliance with the provisions of chapter 179D of NRS.
If an offender is not in compliance with the provisions of chapter 179D of NRS, the Department:

(a) Shall not issue a drivers license to the offender or renew the drivers license of the offender; and

(b) Shall advise the offender to contact the Central Repository to determine the actions that the offender must take to be in compliance with the provisions of chapter 179D of NRS.

A drivers license issued to an offender expires on the first anniversary date of the offenders birthday, measured in the case of an original license, or a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal.
The Department may adopt regulations to carry out the provisions of this section.
As used in this section:

(a) Central Repository means the Central Repository for Nevada Records of Criminal History.

(b) Offender includes an offender convicted of a crime against a child as defined in NRS 179D.0559 and a sex offender as defined in NRS 179D.095 .

(Added to NRS by 2005, 2886 ; A 2007, 2779 )

NRS 483.290

NRS

483.290

Application for license or instruction permit; acceptable documents for proof of full legal name and age; preregistration or registration to vote; authority of Department to refuse to accept certain documents; regulations; prohibition on acceptance of consular identification cards as proof of age or identity. [Effective through December 31, 2024.]

An application for an instruction permit or for a drivers license must:

(a) Be made upon a form furnished by the Department.

(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

(d) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence, of the applicant and briefly describe the applicant.

(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

Every applicant must furnish proof of his or her full legal name and age by displaying:

(a) An original or certified copy of the required documents as prescribed by regulation; or

(b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511 which indicates that the Director of the Department of Corrections has verified the full legal name and age of the applicant pursuant to subsection 4 of that section.

The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 2, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605 .
At the time of applying for a drivers license, an applicant may, if eligible, preregister or register to vote pursuant to NRS 293.5727 or 293.5742 .
Every applicant who has been assigned a social security number must furnish proof of his or her social security number by displaying:

(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

(b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.

The Department may refuse to accept a drivers license issued by another state if the Department determines that the other state has less stringent standards than the State of Nevada for the issuance of a drivers license.
With respect to any document presented by a person who was born outside of the United States, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands or the United States Virgin Islands to prove his or her full legal name and age, the Department:

(a) May, if the document has expired, refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and

(b) Shall issue to the person presenting the document a drivers license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the drivers license is valid for 1 year beginning on the date of issuance.

The Administrator shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of any state or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a drivers license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a drivers license. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006 .

[13:190:1941; A 1943, 268 ; 1943 NCL § 4442.12]—(NRS A 1963, 842 ; 1969, 542 ; 1975, 722 ; 1977, 12 ; 1985, 1470 ; 1987, 2146 ; 1989, 473 , 1873 ,

1874 ;

1993, 2844 ; 1995, 35 ; 1999, 2475 ; 2003, 468 , 1237 ,

1934 ,

2465 ;

2007, 2782 ; 2013, 1260 , 1297 ;

2017, 1279 , 3878 ; 2018 initiative petition, Ballot Question No. 5; 2019, 647 , 1791 ,

4478 ;

2023, 3311 )

NRS

483.290

An application for an instruction permit or for a drivers license must:

(a) Be made upon a form furnished by the Department.

(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

Every applicant must furnish proof of his or her full legal name and age by displaying:

(a) An original or certified copy of the required documents as prescribed by regulation; or

The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 2, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605 .
At the time of applying for a drivers license, an applicant may, if eligible, preregister or register to vote.
Every applicant who has been assigned a social security number must furnish proof of his or her social security number by displaying:

(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

(b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.

The Department may refuse to accept a drivers license issued by another state if the Department determines that the other state has less stringent standards than the State of Nevada for the issuance of a drivers license.
With respect to any document presented by a person who was born outside of the United States, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands or the United States Virgin Islands to prove his or her full legal name and age, the Department:

(a) May, if the document has expired, refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and

The Administrator shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of any state or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a drivers license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a drivers license. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006 .

[13:190:1941; A 1943, 268 ; 1943 NCL § 4442.12]—(NRS A 1963, 842 ; 1969, 542 ; 1975, 722 ; 1977, 12 ; 1985, 1470 ; 1987, 2146 ; 1989, 473 , 1873 ,

1874 ;

1993, 2844 ; 1995, 35 ; 1999, 2475 ; 2003, 468 , 1237 ,

1934 ,

2465 ;

2007, 2782 ; 2013, 1260 , 1297 ;

2017, 1279 , 3878 ; 2018 initiative petition, Ballot Question No. 5; 2019, 647 , 1791 ,

4478 ;

2021, 3873 ; 2023, 3311 , effective January 1, 2025)

NRS 483.291

NRS

483.291

Application for driver authorization card or instruction permit; acceptable documents for proof of name, age and residence; requirements for card or permit; expiration and renewal; exceptions; limitations on use of card or permit. [Effective until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 119,

Statutes of Nevada 2015, at page 429

An application for an instruction permit or for a driver authorization card must:

(a) Be made upon a form furnished by the Department.

(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

(d) State the name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

Every applicant must furnish proof of his or her name and age by displaying an original or certified copy of:

(a) Any one of the following documents:

(1) A birth certificate issued by a state or a political subdivision of a state;

(2) A drivers license issued by another state which is issued pursuant to the standards established by 6 C.F.R. Part 37, Subparts A to E, inclusive, and which contains a security mark approved by the United States Department of Homeland Security in accordance with 6 C.F.R. § 37.17;

(3) A passport issued by the United States Government;

(4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;

(5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;

(6) A Certificate of Degree of Indian or Alaska Native Blood issued by the United States Government;

(7) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

(8) A Consular Report of Birth Abroad issued by the Department of State;

(9) A document issued by the Department pursuant to NRS 483.375 or 483.8605 ; or

(10) Such other documentation as specified by the Department by regulation; or

(b) Any two of the following documents:

(1) A drivers license issued by another state other than such a drivers license described in subparagraph (2) of paragraph (a);

(2) A passport issued by a foreign government;

(3) A birth certificate issued by a foreign government;

(4) A consular identification card issued by the Government of Mexico or a document issued by another government that the Department determines is substantially similar; or

(5) Any other proof acceptable to the Department.

Ê No document which is written in a language other than English may be accepted by the Department pursuant to this subsection unless it is accompanied by a verified translation of the document in the English language.

Every applicant must prove his or her residence in this State by displaying an original or certified copy of any two of the following documents:

(a) A receipt from the rent or lease of a residence located in this State;

(b) A record from a public utility for a service address located in this State which is dated within the previous 60 days;

(c) A bank or credit card statement indicating a residential address located in this State which is dated within the previous 60 days;

(d) A stub from an employment check indicating a residential address located in this State;

(e) A document issued by an insurance company or its agent, including, without limitation, an insurance card, binder or bill, indicating a residential address located in this State;

(f) A record, receipt or bill from a medical provider indicating a residential address located in this State; or

(g) Any other document as prescribed by the Department by regulation.

Except as otherwise provided in subsection 5, a driver authorization card or instruction permit obtained in accordance with this section must:

(a) Contain the same information as prescribed for a drivers license pursuant to NRS 483.340 and any regulations adopted pursuant thereto;

(b) Be of the same design as a drivers license and contain only the minimum number of changes from that design that are necessary to comply with subsection 5; and

A driver authorization card or instruction permit obtained in accordance with this section must comply with the requirements of section 202(d)(11) of the Real ID Act of 2005, Public Law 109-13, Division B, Title II, 119 Stat. 302, 312-15, 49 U.S.C. § 30301 note.
Notwithstanding the provisions of NRS 483.380 , every driver authorization card:

(a) Expires on the fourth anniversary of the holders birthday, measured in the case of initial issuance or renewal from the birthday nearest the date of issuance or renewal.

(b) Is renewable at any time before its expiration upon application and payment of the required fee. The Department may, by regulation, defer the expiration of the driver authorization card of a person who is on active duty in the Armed Forces of the United States upon such terms and conditions as it may prescribe. The Department may similarly defer the expiration of the driver authorization card of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.

A driver authorization card shall not be used to determine eligibility for any benefits, licenses or services issued or provided by this State or its political subdivisions.
Except as otherwise provided in this section or by specific statute, any provision of this title that applies to drivers licenses shall be deemed to apply to a driver authorization card and an instruction permit obtained in accordance with this section.

(Added to NRS by 2013, 1294 ; A 2017, 1280 , 2692 ;

2019, 1793 )

NRS

483.291

Application for driver authorization card or instruction permit; acceptable documents for proof of name, age and residence; requirements for card or permit; expiration and renewal; exceptions; limitations on use of card or permit. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 119,

Statutes of Nevada 2015, at page 429

An application for an instruction permit or for a driver authorization card must:

(a) Be made upon a form furnished by the Department.

(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

(d) State the name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

(f) Include information instructing the applicant how to register for the Next-of-Kin Registry pursuant to NRS 483.653 if he or she so chooses.

(g) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

Every applicant must furnish proof of his or her name and age by displaying an original or certified copy of:

(a) Any one of the following documents:

(1) A birth certificate issued by a state or a political subdivision of a state;

(3) A passport issued by the United States Government;

(4) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States;

(5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;

(6) A Certificate of Degree of Indian or Alaska Native Blood issued by the United States Government;

(8) A Consular Report of Birth Abroad issued by the Department of State;

(9) A document issued by the Department pursuant to NRS 483.375 or 483.8605 ; or

(10) Such other documentation as specified by the Department by regulation; or

(b) Any two of the following documents:

(1) A drivers license issued by another state other than such a drivers license described in subparagraph (2) of paragraph (a);

(2) A passport issued by a foreign government;

(3) A birth certificate issued by a foreign government;

(4) A consular identification card issued by the Government of Mexico or a document issued by another government that the Department determines is substantially similar; or

(5) Any other proof acceptable to the Department.

Every applicant must prove his or her residence in this State by displaying an original or certified copy of any two of the following documents:

(a) A receipt from the rent or lease of a residence located in this State;

(b) A record from a public utility for a service address located in this State which is dated within the previous 60 days;

(c) A bank or credit card statement indicating a residential address located in this State which is dated within the previous 60 days;

(d) A stub from an employment check indicating a residential address located in this State;

(e) A document issued by an insurance company or its agent, including, without limitation, an insurance card, binder or bill, indicating a residential address located in this State;

(f) A record, receipt or bill from a medical provider indicating a residential address located in this State; or

(g) Any other document as prescribed by the Department by regulation.

Except as otherwise provided in subsection 5, a driver authorization card or instruction permit obtained in accordance with this section must:

(a) Contain the same information as prescribed for a drivers license pursuant to NRS 483.340

and any regulations adopted pursuant thereto;

(b) Be of the same design as a drivers license and contain only the minimum number of changes from that design that are necessary to comply with subsection 5; and

A driver authorization card or instruction permit obtained in accordance with this section must comply with the requirements of section 202(d)(11) of the Real ID Act of 2005, Public Law 109-13, Division B, Title II, 119 Stat. 302, 312-15, 49 U.S.C. § 30301 note.
Notwithstanding the provisions of NRS 483.380 , every driver authorization card:

(a) Expires on the fourth anniversary of the holders birthday, measured in the case of initial issuance or renewal from the birthday nearest the date of issuance or renewal.

A driver authorization card shall not be used to determine eligibility for any benefits, licenses or services issued or provided by this State or its political subdivisions.
Except as otherwise provided in this section or by specific statute, any provision of this title that applies to drivers licenses shall be deemed to apply to a driver authorization card and an instruction permit obtained in accordance with this section.

(Added to NRS by 2013, 1294 ; A 2015, 439 ; 2017, 1280 , 2692 ;

2019, 1793 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 119, Statutes of Nevada 2015, at page 429 )

NRS 483.370

NRS

483.370

Duplicate or substitute permit or license.

If an instruction permit or drivers license issued under the provisions of NRS 483.010

to 483.630 , inclusive, is lost or destroyed, the person to whom the permit or license was issued may obtain a duplicate, or substitute thereof, upon:

Furnishing proof satisfactory to the Department that:

(a) The permit or license was lost or destroyed; and

(b) He or she is the person to whom that permit or license was issued.

Payment of the required fee.

[22:190:1941; 1931 NCL § 4442.21]—(NRS A 1963, 843 ; 1969, 544 ; 1987, 1437 )

NRS 483.376

NRS

483.376

Alternate address on license at request of peace officer or retired peace officer: Requirements; application; regulations.

A peace officer may request, at the time of application for or renewal of his or her drivers license, the display of an alternate address on his or her drivers license. The alternative address must be the street address of his or her employer.
A retired peace officer may request, at the time of application for or renewal of his or her drivers license, the display of an alternate address on his or her drivers license. The alternative address must be provided by the retired peace officer at the time he or she submits the request.
A peace officer or retired peace officer who requests the display of an alternate address on his or her drivers license pursuant to this section must provide to the Department:

(a) Proof satisfactory to the Department that he or she qualifies for the display of an alternate address on his or her drivers license pursuant to this section and any regulations adopted pursuant thereto; and

(b) His or her address of principal residence and mailing address, if different from the address of principal residence, for use by the Department in recordkeeping and mailing.

A peace officer or retired peace officer who receives from the Department a drivers license imprinted with an alternate address pursuant to this section who ceases to be qualified for the drivers license:

(a) Shall notify the Department and return the drivers license within 30 days after ceasing to be qualified; and

(b) May apply to the Department for a replacement drivers license that displays his or her address of principal residence.

The Department shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license which displays an alternate address in accordance with this section.
As used in this section, peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360 , inclusive.

(Added to NRS by 2017, 221 )

NRS 483.448

NRS

483.448

Future driving privileges: Notice; demerit points; suspension; hearing.

Except as otherwise provided in this subsection, when a person deemed to have future driving privileges pursuant to NRS 483.447 has accumulated 3 or more demerit points, but less than 12, the Department shall notify the person of this fact. If, after the Department mails the notice, the person presents proof to the Department that he or she has successfully completed a course of traffic safety approved by the Department and a signed statement which indicates that the successful completion of the course was not required pursuant to a court order entered pursuant to NRS 484A.7043

or a plea agreement, the Department shall cancel not more than 3 demerit points from the persons driving record. If such a person accumulates 12 or more demerit points before completing the course of traffic safety, the person will not be entitled to have demerit points cancelled upon the completion of the course but must have future driving privileges suspended. A person deemed to have future driving privileges may attend a course only once in 12 months for the purpose of reducing demerit points. The 3 demerit points may only be cancelled from the drivers record of the person during the 12-month period immediately following the drivers successful completion of the course of traffic safety. The provisions of this subsection do not apply to a person deemed to have future driving privileges whose successful completion of a course of traffic safety was required pursuant to a court order entered pursuant to NRS 484A.7043 or a plea agreement.

Any reduction of demerit points pursuant to this section applies only to the demerit record of the person deemed to have future driving privileges and otherwise does not affect the persons driving record with the Department or insurance record.
Notwithstanding any provision of this title to the contrary, if a person deemed to have future driving privileges accumulates demerit points, the Department shall suspend those future driving privileges:

(a) For the first accumulation of 12 demerit points during a 12-month period, for 6 months. Such a person is eligible for a restricted license during this 6-month period.

(b) For the second accumulation within 3 years of 12 demerit points during a 12-month period, for 1 year. Such a person is eligible for a restricted license during this 1-year period.

(c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, for 1 year. Such a person is not eligible for a restricted license during this 1-year period.

The Department shall suspend for 1 year the future driving privileges of a person who has been convicted of a sixth traffic offense within a 5-year period, is found to have committed a sixth civil infraction pursuant to NRS 484A.703

to 484A.705 , inclusive, within a 5-year period or has accumulated a combined total of six civil infractions and traffic offenses within a 5-year period, if all six civil infractions or traffic offenses have been assigned a value of 4 or more demerit points. Such a person is not eligible for a restricted license during this 1-year period.

If the Department determines by its records that a person deemed to have future driving privileges is not eligible for a drivers license pursuant to this section, the Department shall notify the person by mail of that fact.
Except as otherwise provided in subsection 7, the Department shall suspend the future driving privileges of a person pursuant to this section 30 days after the date on which the Department mails the notice to the person required by subsection 5.
If a written request for a hearing is received by the Department:

(a) The suspension of the future driving privileges of the person requesting the hearing is stayed until a determination is made by the Department after the hearing.

(b) The hearing must be held, within 45 days after the request is received, in the county in which the person resides unless the person and the Department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the Department accurately reflect the driving history of the person.

(Added to NRS by 2003, 1235 ; A 2021, 3306 )

NRS 483.475

NRS

483.475

Demerit points: Cancellation for successful completion of course of traffic safety; limitations; suspension of license; cumulative period for suspension; notice; hearing.

Except as otherwise provided in this subsection, when a person who holds a drivers license has accumulated 3 or more demerit points, but less than 12, the Department shall notify the person of this fact. If, after the Department mails the notice, the driver presents proof to the Department that he or she has successfully completed a course of traffic safety approved by the Department and a signed statement which indicates that the successful completion of the course was not required pursuant to a plea agreement or court order entered pursuant to NRS 484A.7043 , the Department shall cancel not more than 3 demerit points from the persons driving record. If the driver accumulates 12 or more demerit points before completing the course of traffic safety, the person will not be entitled to have demerit points cancelled upon the completion of the course, but must have his or her license suspended. A person may attend a course only once in 12 months for the purpose of reducing demerit points. The 3 demerit points may only be cancelled from a drivers record during the 12-month period immediately following the drivers successful completion of the course of traffic safety. The provisions of this subsection do not apply to a person whose successful completion of a course of traffic safety was required pursuant to a plea agreement or court order entered pursuant to NRS 484A.7043 .
Any reduction of demerit points applies only to the demerit record of the driver and does not affect the persons driving record with the Department or insurance record.
The Department shall use a cumulative period for the suspension of licenses pursuant to subsection 1. The periods of suspension are:

(a) For the first accumulation of 12 demerit points during a 12-month period, 6 months. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.

(b) For the second accumulation within 3 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.

(c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is not eligible for a restricted license during the suspension.

The Department shall suspend for 1 year the license of a driver who is convicted of a sixth traffic offense within 5 years, is found to have committed a sixth civil infraction punishable pursuant to NRS 484A.703 to 484A.705 , inclusive, within 5 years or has accumulated a combined total of six civil infractions and offenses within 5 years, if all six civil infractions or offenses have been assigned a value of 4 or more demerit points. A driver whose license is suspended pursuant to this subsection is not eligible for a restricted license during the suspension.
If the Department determines by its records that the license of a driver must be suspended pursuant to this section, it shall notify the driver by mail that his or her privilege to drive is subject to suspension.
Except as otherwise provided in subsection 7, the Department shall suspend the license 30 days after it mails the notice required by subsection 5.
If a written request for a hearing is received by the Department:

(a) The suspension of the license is stayed until a determination is made by the Department after the hearing.

(b) The hearing must be held within 45 days after the request is received in the county where the driver resides unless the driver and the Department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the Department accurately reflect the driving history of the driver.

(Added to NRS by 1985, 1166 ; A 2001, 920 ; 2003, 1238 ; 2021, 3309 )

NRS 483.490

NRS

483.490

Issuance of restricted license; penalties; period of suspension or revocation; issuance of ignition interlock privilege. [Effective until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 119,

Statutes of Nevada 2015, at page 429

Except as otherwise provided in this section, after a drivers license has been suspended or revoked and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension or revocation prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:

(a) To and from work or in the course of his or her work, or both; or

(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.

If the drivers license of a person assigned to a program established pursuant to NRS 484C.392 is suspended or revoked, the Department may issue a restricted drivers license to an applicant that is valid while he or she is participating in and complying with the requirements of the program and that permits the applicant to drive a motor vehicle:

(a) To and from a testing location established by a designated law enforcement agency pursuant to NRS 484C.393 ;

(b) If applicable, to and from work or in the course of his or her work, or both;

(d) To and from counseling; or

(e) To receive regularly scheduled medical care for himself or herself.

Except as otherwise provided in NRS 62E.630 , after a drivers license has been revoked or suspended pursuant to title 5 of NRS or NRS 392.148 , the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:

(a) If applicable, to and from work or in the course of his or her work, or both; or

(b) If applicable, to and from school.

After a drivers license has been suspended pursuant to NRS 483.443 , the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:

(a) If applicable, to and from work or in the course of his or her work, or both;

(b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or

A driver who violates a condition of a restricted license issued pursuant to subsection 1 or 2 is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

(a) A violation of NRS 484C.110 , 484C.210 or 484C.430 ;

(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110 , 484C.130 or 484C.430 ; or

(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560 .

The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465

and 483.475 , when the suspensions must run concurrently.

Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Any person for whom a court provides an exception relating to the installation of an ignition interlock device pursuant to subsection 4 of NRS 484C.210 or subsection 2 of NRS 484C.460 is eligible for a restricted drivers license under this section while the person is participating in and complying with the requirements of a program established pursuant to NRS 484C.392 .
If the Department receives a copy of an order requiring a person to install an ignition interlock device in a motor vehicle pursuant to NRS 484C.460 , the Department shall issue an ignition interlock privilege to the person after he or she submits proof of compliance with the order. A person who is required to install an ignition interlock device pursuant to NRS 484C.210 or 484C.460 shall install the device not later than 14 days after the date on which the order was issued. A driver who violates any condition of an ignition interlock privilege issued pursuant to this subsection is guilty of a misdemeanor and shall be punished in the same manner provided in subsection 2 of NRS 483.560 for driving a vehicle while a drivers license is cancelled, revoked or suspended.

[36:190:1941; A 1953, 191 ]—(NRS A 1971, 282 ; 1973, 81 ; 1975, 200 ; 1977, 998 ; 1981, 535 , 1923 ;

1983, 1082 ; 1985, 633 , 1169 ;

1993, 2482 , 2898 ;

1995, 731 , 947 ,

1157 ,

1362 ,

1918 ,

1919 ,

2401 ,

2409 ;

1997, 803 , 2843 ,

2858 ,

3368 ;

1999, 2136 , 3411 ;

2001, 147 ; 2003, 1156 ; 2005, 134 , 605 ;

2007, 2038 ; 2009, 1033 ; 2011, 1632 ; 2013, 716 , 2467 ;

2017, 4042 ; 2019, 683 , 2746 ;

2021, 2451 )

NRS

483.490

Issuance of restricted license; penalties; period of suspension or revocation; issuance of ignition interlock device. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 119,

Statutes of Nevada 2015, at page 429

Except as otherwise provided in this section, after a drivers license has been suspended or revoked and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension or revocation prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:

(a) To and from work or in the course of his or her work, or both; or

(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.

If the drivers license of a person assigned to a program established pursuant to NRS 484C.392 is suspended or revoked, the Department may issue a restricted drivers license to an applicant that is valid while he or she is participating in and complying with the requirements of the program and that permits the applicant to drive a motor vehicle:

(a) To and from a testing location established by a designated law enforcement agency pursuant to NRS 484C.393 ;

(b) If applicable, to and from work or in the course of his or her work, or both;

(d) To and from counseling; or

(e) To receive regularly scheduled medical care for himself or herself.

Except as otherwise provided in NRS 62E.630 , after a drivers license has been revoked or suspended pursuant to title 5 of NRS or NRS 392.148 , the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:

(a) If applicable, to and from work or in the course of his or her work, or both; or

(b) If applicable, to and from school.

After a drivers license has been suspended pursuant to NRS 483.443 , the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:

(a) If applicable, to and from work or in the course of his or her work, or both;

(b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or

A driver who violates a condition of a restricted license issued pursuant to subsection 1 or 2 is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

(a) A violation of NRS 484C.110 , 484C.210 or 484C.430 ;

(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560 .

The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465

and 483.475 , when the suspensions must run concurrently.

Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
At the time of the issuance of a restricted license pursuant to this section, the Department shall provide to the applicant information instructing the applicant how to register with the Next-of-Kin Registry pursuant to NRS 483.653

if he or she so chooses.

Any person for whom a court provides an exception relating to the installation of an ignition interlock device pursuant to subsection 4 of NRS 484C.210 or subsection 2 of NRS 484C.460 is eligible for a restricted drivers license under this section while the person is participating in and complying with the requirements of a program established pursuant to NRS 484C.392 .
If the Department receives a copy of an order requiring a person to install an ignition interlock device in a motor vehicle pursuant to NRS 484C.460 , the Department shall issue an ignition interlock privilege to the person after he or she submits proof of compliance with the order. A person who is required to install an ignition interlock device pursuant to NRS 484C.210 or 484C.460 shall install the device not later than 14 days after the date on which the order was issued. A driver who violates any condition of an ignition interlock privilege issued pursuant to this subsection is guilty of a misdemeanor and shall be punished in the same manner provided in subsection 2 of NRS 483.560 for driving a vehicle while a drivers license is cancelled, revoked or suspended.

[36:190:1941; A 1953, 191 ]—(NRS A 1971, 282 ; 1973, 81 ; 1975, 200 ; 1977, 998 ; 1981, 535 , 1923 ;

1983, 1082 ; 1985, 633 , 1169 ;

1993, 2482 , 2898 ;

1995, 731 , 947 ,

1157 ,

1362 ,

1918 ,

1919 ,

2401 ,

2409 ;

1997, 803 , 2843 ,

2858 ,

3368 ;

1999, 2136 , 3411 ;

2001, 147 ; 2003, 1156 ; 2005, 134 , 605 ;

2007, 2038 ; 2009, 1033 ; 2011, 1632 ; 2013, 716 , 2467 ;

2015, 442 ; 2017, 4042 ; 2019, 683 , 2746 ;

2021, 2451 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of chapter 119, Statutes of Nevada 2015, at page 429 )

NRS 483.525

NRS

483.525

Proof of financial responsibility required for restoration of revoked license, permit or privilege; maintenance; suspension for failure to maintain.

The Department may not restore a drivers license, permit or privilege of driving a motor vehicle in this State which has been revoked unless the person who is seeking the license, permit or privilege submits proof of financial responsibility as provided in NRS 485.307 . The person shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license, permit or privilege. If the person fails to do so, the Department shall suspend his or her license, permit or privilege.

(Added to NRS by 1981, 1923 ; A 1983, 1083 ; 1985, 1173 )

Violations

NRS 483.530

NRS

483.530

Unlawful uses of license; prohibited acts related to provision of false information or commission of fraud in connection with application for license or identification card; penalties.

Except as otherwise provided in subsection 2, it is a misdemeanor for any person:

(a) To display or cause or permit to be displayed or possess any cancelled, revoked, suspended, fictitious, fraudulently altered or fraudulently obtained drivers license;

(b) To alter, forge, substitute, counterfeit or use an unvalidated drivers license;

(d) To display or represent as ones own any drivers license not issued to him or her;

(e) To fail or refuse to surrender to the Department, a peace officer or a court upon lawful demand any drivers license which has been suspended, revoked or cancelled;

(f) To permit any unlawful use of a drivers license issued to him or her; or

(g) To photograph, photostat, duplicate or in any way reproduce any drivers license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or possess any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by this chapter.

Except as otherwise provided in this subsection, a person who uses a false or fictitious name in any application for a drivers license or identification card or who knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application is guilty of a category E felony and shall be punished as provided in NRS 193.130 . If the false statement, knowing concealment of a material fact or other commission of fraud described in this subsection relates solely to the age of a person, including, without limitation, to establish false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.

[40:190:1941; A 1943, 268 ; 1943 NCL § 4442.39]—(NRS A 1963, 846 ; 1965, 1006 ; 1969, 550 ; 1973, 165 ; 1989, 555 ; 2003, 2466 ; 2005, 1217 ; 2013, 1994 ; 2017, 1282 ; 2021, 3310 )

NRS 483.850

NRS

483.850

Application for card; required contents; duties of applicant; preregistration or registration to vote; surrender of drivers license or identification card issued by another state or jurisdiction. [Effective through December 31, 2024.]

Every application for an identification card must be made upon a form provided by the Department and include, without limitation:

(a) The applicants:

(1) Full legal name.

(2) Date of birth.

(3) State of legal residence.

(4) Current address of principal residence and mailing address, if different from his or her address of principal residence, in this State, unless the applicant is on active duty in the military service of the United States.

(b) A statement from:

(1) A resident stating that he or she does not hold a valid drivers license or identification card from any state or jurisdiction; or

(2) A seasonal resident stating that he or she does not hold a valid Nevada drivers license.

When the form is completed, the applicant must sign the form and verify the contents before a person authorized to administer oaths.
An applicant who has been issued a social security number must provide to the Department for inspection:

(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

(b) Other proof acceptable to the Department bearing the social security number of the applicant, including, without limitation, records of employment or federal income tax returns.

At the time of applying for an identification card, an applicant may, if eligible, preregister or register to vote pursuant to NRS 293.5727 or 293.5742 .
A person who possesses a drivers license or identification card issued by another state or jurisdiction who wishes to apply for an identification card pursuant to this section shall surrender to the Department the drivers license or identification card issued by the other state or jurisdiction at the time the person applies for an identification card pursuant to this section.

(Added to NRS by 1975, 786 ; A 1985, 1942 ; 1987, 2147 ; 1989, 1874 ; 1993, 2846 ; 1997, 1386 , 2989 ;

1999, 437 ; 2003, 470 ; 2007, 2791 ; 2017, 3879 ; 2018 initiative petition, Ballot Question No. 5; 2023, 3311 )

NRS

483.850

Every application for an identification card must be made upon a form provided by the Department and include, without limitation:

(a) The applicants:

(1) Full legal name.

(2) Date of birth.

(3) State of legal residence.

(b) A statement from:

(1) A resident stating that he or she does not hold a valid drivers license or identification card from any state or jurisdiction; or

(2) A seasonal resident stating that he or she does not hold a valid Nevada drivers license.

When the form is completed, the applicant must sign the form and verify the contents before a person authorized to administer oaths.
An applicant who has been issued a social security number must provide to the Department for inspection:

(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

(b) Other proof acceptable to the Department bearing the social security number of the applicant, including, without limitation, records of employment or federal income tax returns.

At the time of applying for an identification card, an applicant may, if eligible, preregister or register to vote.
A person who possesses a drivers license or identification card issued by another state or jurisdiction who wishes to apply for an identification card pursuant to this section shall surrender to the Department the drivers license or identification card issued by the other state or jurisdiction at the time the person applies for an identification card pursuant to this section.

(Added to NRS by 1975, 786 ; A 1985, 1942 ; 1987, 2147 ; 1989, 1874 ; 1993, 2846 ; 1997, 1386 , 2989 ;

1999, 437 ; 2003, 470 ; 2007, 2791 ; 2017, 3879 ; 2018 initiative petition, Ballot Question No. 5; 2021, 3875 ; 2023, 3311 , effective January 1, 2025)

NRS

483.850

Every application for an identification card must be made upon a form provided by the Department and include, without limitation:

(a) The applicants:

(1) Full legal name.

(2) Date of birth.

(3) State of legal residence.

(b) A statement from:

(1) A resident stating that he or she does not hold a valid drivers license or identification card from any state or jurisdiction; or

(2) A seasonal resident stating that he or she does not hold a valid Nevada drivers license.

When the form is completed, the applicant must sign the form and verify the contents before a person authorized to administer oaths.
Except as otherwise provided in subsection 6, an applicant who has been issued a social security number must provide to the Department for inspection:

(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

(b) Other proof acceptable to the Department bearing the social security number of the applicant, including, without limitation, records of employment or federal income tax returns.

At the time of applying for an identification card, an applicant may, if eligible, preregister or register to vote.
A person who possesses a drivers license or identification card issued by another state or jurisdiction who wishes to apply for an identification card pursuant to this section shall surrender to the Department the drivers license or identification card issued by the other state or jurisdiction at the time the person applies for an identification card pursuant to this section.
The provisions of subsection 3 do not apply to a homeless child or youth less than 25 years of age who submits a signed affidavit on a form prescribed by the Department stating that the child or youth is homeless and less than 25 years of age.
As used in this section, homeless child or youth has the meaning ascribed to homeless children and youths in 42 U.S.C. § 11434a.

(Added to NRS by 1975, 786 ; A 1985, 1942 ; 1987, 2147 ; 1989, 1874 ; 1993, 2846 ; 1997, 1386 , 2989 ;

1999, 437 ; 2003, 470 ; 2007, 2791 ; 2017, 3879 ; 2018 initiative petition, Ballot Question No. 5; 2021, 3875 ; 2023, 1866 , 3311 , effective January 1, 2026)

NRS 483.854

NRS

483.854

Alternate address on card at request of peace officer or retired peace officer: Requirements; application; regulations.

A peace officer may request, at the time of application for or renewal of his or her identification card, the display of an alternate address on his or her identification card. The alternative address must be the street address of his or her employer.
A retired peace officer may request, at the time of application for or renewal of his or her identification card, the display of an alternate address on his or her identification card. The alternative address must be provided by the retired peace officer at the time he or she submits the request.
A peace officer or retired peace officer who requests the display of an alternate address on his or her identification card pursuant to this section must provide to the Department:

(a) Proof satisfactory to the Department that he or she qualifies for the display of an alternate address on his or her identification card pursuant to this section and any regulations adopted pursuant thereto; and

(b) His or her address of principal residence and mailing address, if different from the address of principal residence, for use by the Department in recordkeeping and mailing.

A peace officer or retired peace officer who receives from the Department an identification card imprinted with an alternate address pursuant to this section who ceases to be qualified for the identification card:

(a) Shall notify the Department and return the identification card within 30 days after ceasing to be qualified; and

(b) May apply to the Department for a replacement identification card that displays his or her address of principal residence.

The Department shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card which displays an alternate address in accordance with this section.
As used in this section, peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360 , inclusive.

(Added to NRS by 2017, 222 )

NRS 483.860

NRS

483.860

Proof of full legal name and age; regulations; consular identification cards. [Effective through December 31, 2025.]

Every applicant for an identification card must furnish proof of his or her full legal name and age by presenting:

(a) An original or certified copy of the required documents as prescribed by regulation; or

The Director shall adopt regulations:

(a) Prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 1, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605 ; and

(b) Setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a state or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue an identification card to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.

Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006 .

(Added to NRS by 1975, 786 ; A 1985, 1942 ; 1989, 476 ; 1995, 36 ; 2003, 1241 , 1935 ,

2467 ;

2007, 2791 ; 2013, 1261 ; 2017, 1284 ; 2019, 648 , 1795 ,

4479 )

NRS

483.860

Proof of full legal name and age; regulations; consular identification cards. [Effective January 1, 2026.]

Except as otherwise provided in subsection 4, every applicant for an identification card must furnish proof of his or her full legal name and age by presenting:

(a) An original or certified copy of the required documents as prescribed by regulation; or

The Director shall adopt regulations:

Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006 .
If an applicant is a homeless child or youth less than 25 years of age who submits a signed affidavit on a form prescribed by the Department stating that the child or youth is homeless and less than 25 years of age, the applicant may satisfy the requirements of subsection 1 by presenting a school identification card and an unofficial transcript from the respective school that includes the date of birth of the applicant. A school identification card presented pursuant to this subsection must include, without limitation:

(a) The name of the school that issued the card;

(b) The first and last name of the applicant; and

As used in this section:

(a) Homeless child or youth has the meaning ascribed to homeless children and youths in 42 U.S.C. § 11434a.

(b) Photograph has the meaning ascribed to it in NRS 483.125 .

(Added to NRS by 1975, 786 ; A 1985, 1942 ; 1989, 476 ; 1995, 36 ; 2003, 1241 , 1935 ,

2467 ;

2007, 2791 ; 2013, 1261 ; 2017, 1284 ; 2019, 648 , 1795 ,

4479 ;

2023, 1867 , effective January 1, 2026)

NRS 483.861

NRS

483.861

Proof of compliance with certain statutory provisions required for issuance to or renewal of card of certain criminal offenders; expiration of card; regulations.

The Department shall not issue an identification card to an offender or renew the identification card of an offender until the Department has received information submitted by the Central Repository pursuant to NRS 179D.570 or other satisfactory evidence indicating that the offender is in compliance with the provisions of chapter 179D of NRS.
If an offender is not in compliance with the provisions of chapter 179D of NRS, the Department:

(a) Shall not issue an identification card to the offender or renew the identification card of the offender; and

(b) Shall advise the offender to contact the Central Repository to determine the actions that the offender must take to be in compliance with the provisions of chapter 179D of NRS.

An identification card issued to an offender expires on the first anniversary date of the offenders birthday, measured in the case of an original identification card, a renewal identification card and a renewal of an expired identification card, from the birthday nearest the date of issuance or renewal.
The Department may adopt regulations to carry out the provisions of this section.
As used in this section:

(a) Central Repository means the Central Repository for Nevada Records of Criminal History.

(b) Offender includes, without limitation, an offender convicted of a crime against a child as defined in NRS 179D.0559 and a sex offender as defined in NRS 179D.095 .

(Added to NRS by 2005, 2886 ; A 2007, 2779 )

NRS 483.9275

NRS

483.9275

Alternate address on license at request of peace officer or retired peace officer: Requirements; application; regulations.

A peace officer may request, at the time of application for or renewal of his or her commercial drivers license or commercial learners permit, the display of an alternate address on his or her commercial drivers license or commercial learners permit. The alternate address must be the street address of his or her employer.
A retired peace officer may request, at the time of application for or renewal of his or her commercial drivers license or commercial learners permit, the display of an alternate address on his or her commercial drivers license or commercial learners permit. The alternate address must be provided by the retired peace officer at the time he or she submits the request.
A peace officer or retired peace officer who requests the display of an alternate address on his or her commercial drivers license or commercial learners permit pursuant to this section must provide to the Department:

(a) Proof satisfactory to the Department that he or she qualifies for the display of an alternate address on his or her commercial drivers license or commercial learners permit pursuant to this section and any regulations adopted pursuant thereto; and

(b) His or her address of principal residence and mailing address, if different from the address of principal residence, for use by the Department in recordkeeping and mailing.

A peace officer or retired peace officer who receives from the Department a commercial drivers license or commercial learners permit imprinted with an alternate address pursuant to this section who ceases to be qualified for the commercial drivers license or commercial learners permit:

(a) Shall notify the Department and return the commercial drivers license or commercial learners permit within 30 days after ceasing to be qualified; and

(b) May apply to the Department for a replacement commercial drivers license or commercial learners permit that displays his or her address of principal residence.

The Department shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a commercial drivers license or commercial learners permit which displays an alternate address in accordance with this section.
As used in this section, peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360 , inclusive.

(Added to NRS by 2017, 223 )

NRS 483.929

NRS

483.929

Proof of compliance with certain statutory provisions required for issuance to or renewal of license of certain criminal offenders; expiration of license; regulations.

The Department shall not issue a commercial drivers license to an offender or renew the commercial drivers license of an offender until the Department has received information submitted by the Central Repository pursuant to NRS 179D.570 or other satisfactory evidence indicating that the offender is in compliance with the provisions of chapter 179D

of NRS.

If an offender is not in compliance with the provisions of chapter 179D of NRS, the Department:

(a) Shall not issue a commercial drivers license to the offender or renew the commercial drivers license of the offender; and

(b) Shall advise the offender to contact the Central Repository to determine the actions that the offender must take to be in compliance with the provisions of chapter 179D of NRS.

A commercial drivers license issued to an offender expires on the first anniversary date of the offenders birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal.
The Department may adopt regulations to carry out the provisions of this section.
As used in this section:

(a) Central Repository means the Central Repository for Nevada Records of Criminal History.

(b) Offender includes, without limitation, an offender convicted of a crime against a child as defined in NRS 179D.0559 and a sex offender as defined in NRS 179D.095 .

(Added to NRS by 2005, 2886 ; A 2007, 2780 )

NRS 485.028

NRS

485.028

Certificate of financial responsibility defined.

Certificate of financial responsibility means the certificate issued by an insurance carrier pursuant to NRS 485.308 certifying that there is a motor vehicle liability policy in effect for a person who is required to furnish proof of financial responsibility.

(Added to NRS by 1995, 2734 )

NRS 485.105

NRS

485.105

Proof of financial responsibility defined.

Proof of financial responsibility means proof of ability to respond for the future in damages for liability, on account of crashes occurring subsequent to the effective date of that proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amounts specified in NRS 485.185 .

(Added to NRS by 1957, 722 ; A 1963, 221 ; 1969, 177 ; 1981, 627 ; 1993, 2484 ; 2015, 1646 )

NRS 485.187

NRS

485.187

Unlawful acts; fines and penalties; exceptions.

Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:

(a) Operate the motor vehicle, if it is registered or required to be registered in this State, without having insurance as required by NRS 485.185 .

(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.

(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the Department the evidence of insurance. The surrender, upon demand, of an evidence of insurance issued in electronic format does not constitute consent for a peace officer or authorized representative of the Department to access other contents of any device used to display the evidence of insurance and surrendered in compliance with this section.

(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186 .

A person shall not operate the motor vehicle of another person unless the person who will operate the motor vehicle:

(a) First ensures that the required evidence of insurance is present in the motor vehicle or available electronically; or

(b) Has his or her own evidence of insurance which covers that person as the operator of the motor vehicle.

Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy by the time of sentencing, unless:

(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215 ; or

(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380 .

A court:

(a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if the person presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.

(b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185

is currently in effect.

The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the Department pursuant to subsection 1 or 2 of NRS 482.3955 , or NRS 482.396 or 482.3965 authorizing the movement or operation of that vehicle within the State for a limited time.

(Added to NRS by 1987, 1089 ; A 1987, 1443 ; 1989, 1844 ; 1993, 157 , 1443 ,

2485 ,

2492 ;

1995, 576 , 2357 ,

2735 ;

1997, 662 ; 1999, 2727 ; 2001, 922 ; 2015, 3514 )

SECURITY FOLLOWING CRASH

NRS 485.230

NRS

485.230

Duration of suspension; requirements for reinstatement.

The license, all registrations and the nonresidents operating privilege suspended as provided in NRS 485.190 must remain so suspended and may not be renewed nor may any license or registration be issued to any such person until:

(a) The person deposits or there is deposited on his or her behalf the security required under NRS 485.190 ;

(b) Two years have elapsed following the date of the crash and evidence satisfactory to the Department has been filed with it that during that period no action for damages arising out of the crash has been instituted; or

(c) Evidence satisfactory to the Department has been filed with it of a release from liability, or a final adjudication of nonliability, or an acknowledged written agreement, in accordance with NRS 485.190 .

Upon any default in the payment of any installment under any acknowledged written agreement, and upon notice of the default, the Department shall suspend the license and all registrations or the nonresidents operating privilege of the person defaulting, which may not be restored until:

(a) The person deposits and thereafter maintains security as required under NRS 485.190

in such an amount as the Department may then determine; or

(b) One year has elapsed following the date of default, or 2 years following the date of the crash, whichever is greater, and during that period no action upon the agreement has been instituted in a court in this State.

Proof of financial responsibility, as set forth in NRS 485.307 , is an additional requirement for reinstatement of the operators license and registrations under this section. The person shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license in accordance with the provisions of this chapter. If the person fails to do so the Department shall suspend the license and registrations.

[6:127:1949; 1943 NCL § 4439.06]—(NRS A 1957, 721 ; 1961, 141 ; 1981, 1864 ; 1985, 1175 ; 1999, 3581 ; 2015, 1649 )

NRS 485.290

NRS

485.290

Transfers of deposits to State Highway Fund; procedure for payment of claimants after transfer.

In cases where a return to a depositor or his or her personal representative is authorized and warranted under NRS 485.280 but the address or present whereabouts of the depositor is unknown and cannot be readily ascertained by the Department, the security deposited may, 90 days after its return would be authorized by NRS 485.280 , be transferred from the custody of the State Treasurer to the State Highway Fund for the general use of the Department of Transportation upon the written and certified request of the Department.
The request made by the Department must state the names of the parties, the dates and a concise statement of the facts involved and must be forwarded in duplicate to the State Controller and the State Treasurer.
The State Controller and the State Treasurer are directed to transfer the amounts of security deposits from the custody of the State Treasurer to the State Highway Fund to effectuate the purposes of this section upon being satisfied that the provisions of this chapter have been complied with.
If the depositor of the security or his or her rightful heirs or legatees, within 5 years after the transfer of the deposit to the State Highway Fund, present a verified claim to the Department and make proof of the validity of the claim, the Department, if it is satisfied as to the validity of the claim, may determine the amount thereby found to be due and certify it to the State Controller who shall draw a warrant therefor on the State Treasurer, who shall pay the warrant out of the State Highway Fund.
If the Department denies the validity of the claim, the claimant, upon notice to the Attorney General, has a right to appeal to the First Judicial District Court of the State of Nevada, in and for Carson City, and present proof of the validity of the claim. If, after hearing, the court is satisfied the claimant is rightfully entitled to the deposit, the court shall enter a decree that the money be paid to the claimant. The decree must be certified to the State Board of Examiners, stating the amount thereby found to be due, and the State Board of Examiners shall allow the amount and certify it to the State Controller who shall draw a warrant therefor on the State Treasurer, who shall pay the warrant out of the State Highway Fund.
The amounts in the custody of the State Treasurer on March 19, 1955, falling under the provisions of this section, may be transferred to the State Highway Fund, after the expiration of 90 days from March 19, 1955, in accordance with the provisions of this section.

[Part 9:127:1949; A 1955, 192 ]—(NRS A 1961, 143 ; 1971, 231 ; 1979, 1815 ; 1999, 3583 )

NRS 485.302

NRS

485.302

Suspension for nonpayment of judgment; exceptions.

The Department shall, upon the receipt of a certified copy of a judgment, suspend the license, all registrations and any nonresidents operating privilege of any person against whom the judgment was rendered, except as otherwise provided in this section and in NRS 485.305 .
If the judgment creditor consents in writing, in such a form as the Department may prescribe, that the judgment debtor be allowed a license and registration or nonresidents operating privilege, it may be allowed by the Department until the consent is revoked in writing, notwithstanding default in the payment of the judgment or of any installments thereof prescribed in NRS 485.305 , if the judgment debtor furnishes proof of financial responsibility as provided in NRS 485.307 . The debtor shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license pursuant to the provisions of this chapter. If the debtor fails to do so, the Department shall suspend the license and registrations of the debtor.

(Added to NRS by 1957, 723 ; A 1961, 144 ; 1985, 1176 ; 1995, 2738 ; 1999, 3584 )

NRS 485.303

NRS

485.303

Suspension to continue until judgments paid and proof given.

The license, all registrations and the nonresidents operating privilege must remain so suspended and must not be renewed, nor may any license or registration be thereafter issued in the name of such a person, including any such person not previously licensed, unless every such judgment is stayed, satisfied in full or to the extent provided in this chapter and the person gives proof of financial responsibility subject to the exemptions stated in NRS 485.302 and

485.305 .

The requirements of this section for reinstatement of a license, registration or privilege are in addition to the requirements of NRS 485.307 .

(Added to NRS by 1957, 723 ; A 1975, 46 ; 1985, 1176 )

NRS 485.305

NRS

485.305

Payment of judgment in installments; default.

A judgment debtor upon notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments and the court, without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
The Department shall not suspend a license, registration or a nonresidents operating privilege, and shall restore any license, registrations or nonresidents operating privilege suspended following nonpayment of a judgment, if the judgment debtor gives proof of financial responsibility and obtains such an order permitting the payment of the judgment in installments, and while the payment of any such installment is not in default. The requirements of this section for reinstatement of a license, registration or privilege are in addition to the requirements of NRS 485.307 .
If the judgment debtor fails to pay any installment as specified by such an order, upon notice of the default, the Department shall forthwith suspend the license, registrations or nonresidents operating privilege of the judgment debtor until the judgment is satisfied, as provided in this chapter.

(Added to NRS by 1957, 724 ; A 1961, 145 ; 1985, 1177 ; 1999, 3585 )

PROOF OF FINANCIAL RESPONSIBILITY

NRS 485.307

NRS

485.307

Alternate methods of giving proof; proof required before registration is restored.

Proof of financial responsibility, when required pursuant to this title, may be given by filing:

(a) A certificate of financial responsibility as provided in NRS 485.308 or 485.309 ; or

(b) A certificate of self-insurance, as provided in NRS 485.380 , supplemented by an agreement by the self-insurer that, with respect to crashes occurring while the certificate is in force, the self-insurer will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owners policy of liability insurance if it had issued such a policy to the self-insurer.

Whenever the Department restores a license, permit or privilege of driving a vehicle in this State which has been revoked, no motor vehicle may be or continue to be registered in the name of the person whose license, permit or privilege was revoked unless proof of financial responsibility is furnished by that person.

(Added to NRS by 1957, 725 ; A 1985, 1177 ; 1987, 1093 ; 1993, 2486 ; 1995, 2738 ; 2015, 1651 )

NRS 485.3075

NRS

485.3075

Proof required before reinstatement of license or registrations suspended for failure to maintain proof; duration; penalty.

A person whose license or registrations are suspended for failure to maintain proof of financial responsibility as required pursuant to this title must provide proof of financial responsibility pursuant to NRS 485.307 before the persons license or registrations will be reinstated. The person must maintain proof of financial responsibility for 3 years after the date of the reinstatement of his or her license pursuant to the provisions of this chapter. If the person fails to do so, the Department shall suspend his or her license and registrations.

(Added to NRS by 1995, 2734 ; A 1999, 3585 )

NRS 485.308

NRS

485.308

Certificate of insurance as proof; filing of certificate by electronic or other means; insurance carrier to notify Department before cancelling or terminating policy.

Proof of financial responsibility may be furnished by filing with the Department the written certificate of any insurance carrier authorized to do business in this State certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate must specify its effective date and:

(a) If the policy is an owners policy of liability insurance, designate by appropriate reference all motor vehicles covered by it; or

(b) If the policy is an operators policy of liability insurance, designate the person covered.

The Department may authorize the filing of the certificates described in subsection 1 by electronic transmission or any other means deemed appropriate by the Department.
An insurance carrier that certifies the existence of a motor vehicle liability policy pursuant to subsection 1, must notify the Department at least 10 days before the cancellation or termination of the policy.

(Added to NRS by 1957, 725 ; A 1961, 146 ; 1973, 837 ; 1979, 1515 ; 1985, 1178 ; 1987, 1093 ; 1993, 2487 ; 1995, 2739 ; 1999, 3585 )

NRS 485.309

NRS

485.309

Certificate furnished by nonresident as proof.

The nonresident owner of a motor vehicle not registered in this State or a nonresident operator of a motor vehicle may give proof of financial responsibility by filing with the Department a written certificate of an insurance carrier authorized to transact business:

(a) If the insurance provides coverage for the vehicle, in the state in which the motor vehicle described in the certificate is registered; or

(b) If the insurance provides coverage for the operator only, in the state in which the insured resides,

Ê if the certificate otherwise conforms to the provisions of this chapter.

The Department shall accept the proof upon condition that the insurance carrier complies with the following provisions with respect to the policies so certified:

(a) The insurance carrier shall execute a power of attorney authorizing the Director to accept service on its behalf of notice or process in any action arising out of a crash involving a motor vehicle in this State; and

(b) The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this State relating to the terms of liability policies for owners of motor vehicles.

If any insurance carrier not authorized to transact business in this State, which has qualified to furnish proof of financial responsibility, defaults in any undertakings or agreements, the Department shall not thereafter accept as proof any certificate of that carrier whether theretofore filed or thereafter tendered as proof, as long as the default continues.

(Added to NRS by 1957, 725 ; A 1961, 146 ; 1985, 1958 ; 1987, 1094 ; 1999, 3586 ; 2015, 1651 )

NRS 485.3093

NRS

485.3093

Chapter not to affect other policies.

This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this State, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insureds employ or on his or her behalf of motor vehicles not owned by the insured.

(Added to NRS by 1957, 728 )

NRS 485.3098

NRS

485.3098

Other proof may be required.

Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the Department shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration or the nonresidents operating privilege pending the filing of such other proof.

(Added to NRS by 1957, 729 ; A 1961, 148 ; 1999, 3586 )

NRS 485.3099

NRS

485.3099

Department, under certain circumstances, to consent to cancellation of certificate or waive requirement of proof; re-establishment of proof.

The Department shall, upon request, consent to the immediate cancellation of any certificate of financial responsibility or waive the requirement of filing proof of financial responsibility, in the following events:

(a) The death of the person on whose behalf the proof of financial responsibility was filed or the permanent incapacity of the person to operate a motor vehicle; or

(b) If the person who is required to file proof of financial responsibility surrenders his or her license and registration to the Department.

If a person who surrenders his or her license and registration pursuant to paragraph (b) of subsection 1 applies for a license or registration within a period of 3 years after the date proof of financial responsibility was originally required, the application must be refused unless the applicant re-establishes proof of financial responsibility for the remainder of the 3-year period.

(Added to NRS by 1957, 729 ; A 1961, 148 ; 1995, 2739 ; 1999, 3587 ; 2007, 2050 )

VERIFICATION OF PROOF OF FINANCIAL RESPONSIBILITY

NRS 485.326

NRS

485.326

Suspension of license for failure to maintain insurance.

The Department shall suspend the license of any person convicted of violating the provisions of paragraph (a) of subsection 1 of NRS 485.187 .
Any license suspended pursuant to subsection 1 must remain suspended until the person shows proof of financial responsibility as set forth in NRS 485.307 . The person shall maintain proof of financial responsibility for 3 years after the reinstatement of his or her license pursuant to the provisions of this chapter, and if the person fails to do so, the Department shall suspend any license previously suspended pursuant to subsection 1.

(Added to NRS by 1981, 1861 ; A 1985, 1178 , 1959 ;

1987, 1096 , 1442 ;

1993, 2487 ; 1995, 700 , 2742 ;

1999, 3588 )

NRS 485.350

NRS

485.350

False or forged policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document; misrepresentation of documents.

Any person who:

Forges, materially alters or, without authority, signs any policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document required pursuant to this chapter;
Files or offers for filing any policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document knowing or having reason to believe that it is forged, altered or signed without authority; or
Misrepresents the validity of any policy of insurance, certificate of self-insurance, proof of financial responsibility, evidence of insurance or other document required pursuant to this chapter,

Ê is guilty of a misdemeanor.

[Part 13:127:1949; 1943 NCL § 4439.13]—(NRS A 1967, 596 ; 1987, 313 ; 1995, 2742 )

NRS 486.061

NRS

486.061

License or permit required to operate motorcycle or trimobile; exception. [Effective through the earlier of December 31, 2024, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

Except for a nonresident who is at least 16 years of age and is authorized by the persons state of residency to drive a motorcycle, a person shall not drive:

A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle drivers license issued pursuant to NRS 486.011 to 486.381 , inclusive, a drivers license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle or a permit issued pursuant to subsection 4 or 5 of NRS 483.280 .
A trimobile upon a highway unless that person holds a valid motorcycle drivers license issued pursuant to NRS 486.011 to 486.381 , inclusive, or a drivers license issued pursuant to chapter 483 of NRS.

(Added to NRS by 1971, 1465 ; A 1979, 856 ; 1991, 2231 ; 1997, 2078 ; 2017, 966 )

NRS

486.061

License or permit required to operate motorcycle or trimobile; exception; motorcycle safety course in lieu of fine for violation. [Effective January 1, 2025, if, before that date, the Director of the Department of Motor Vehicles does not notify the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles, and until the date on which the Director of the Department of Motor Vehicles provides such notification.]

Except for a nonresident who is at least 16 years of age and is authorized by the persons state of residency to drive a motorcycle, a person shall not drive:

(a) A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle drivers license issued pursuant to NRS 486.011 to 486.381 , inclusive, a drivers license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle or a permit issued pursuant to subsection 4 or 5 of NRS 483.280 .

(b) A trimobile upon a highway unless that person holds a valid motorcycle drivers license issued pursuant to NRS 486.011 to 486.381 , inclusive, or a drivers license issued pursuant to chapter 483 of NRS.

If, pursuant to NRS 486.381 , a court of competent jurisdiction finds that a person has violated the requirement of paragraph (a) of subsection 1, the court shall permit the person to complete a course of motorcycle safety in lieu of assessing a fine for the violation. The course of motorcycle safety must be completed within 9 months after the date of the final order of the court and proof of successful completion of the course must be filed with the court.

(Added to NRS by 1971, 1465 ; A 1979, 856 ; 1991, 2231 ; 1997, 2078 ; 2017, 966 ; 2023, 944 , effective January 1, 2025, if, before that date, the Director of the Department of Motor Vehicles does not notify the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233, Statutes of Nevada 2023, at page 1468 , which relate to autocycles)

NRS

486.061

License or permit required to operate motorcycle, trimobile or autocycle; exception. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles, if the Director of the Department provides such notice before January 1, 2025.]

Except for a nonresident who is at least 16 years of age and is authorized by the persons state of residency to drive a motorcycle, a person shall not drive:

A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle drivers license issued pursuant to NRS 486.011 to 486.381 , inclusive, a drivers license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle or a permit issued pursuant to subsection 4 or 5 of NRS 483.280 .
A trimobile upon a highway unless that person holds a valid motorcycle drivers license issued pursuant to NRS 486.011 to 486.381 , inclusive, or a drivers license issued pursuant to chapter 483 of NRS.
An autocycle upon a highway unless that person holds a drivers license issued pursuant to chapter 483 of NRS.

(Added to NRS by 1971, 1465 ; A 1979, 856 ; 1991, 2231 ; 1997, 2078 ; 2017, 966 ; 2023, 1475 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233, Statutes of Nevada 2023, at page 1468 , which relate to autocycles, if the Director of the Department provides such notice before January 1, 2025)

NRS

486.061

License or permit required to operate motorcycle, trimobile or autocycle; exception; motorcycle safety course in lieu of fine for violation. [Effective on the later of January 1, 2025, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233,

Statutes of Nevada 2023, at page 1468

, which relate to autocycles.]

Except for a nonresident who is at least 16 years of age and is authorized by the persons state of residency to drive a motorcycle, a person shall not drive:

If, pursuant to NRS 486.381 , a court of competent jurisdiction finds that a person has violated the requirement of paragraph (a) of subsection 1, the court shall permit the person to complete a course of motorcycle safety in lieu of assessing a fine for the violation. The course of motorcycle safety must be completed within 9 months after the date of the final order of the court and proof of successful completion of the course must be filed with the court.

(Added to NRS by 1971, 1465 ; A 1979, 856 ; 1991, 2231 ; 1997, 2078 ; 2017, 966 ; 2023, 944 , 1475 , effective on the later of January 1, 2025, or the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233, Statutes of Nevada 2023, at page 1468 , which relate to autocycles)

NRS 486.081

NRS

486.081

Application for license: Form; verification; contents; proof of full legal name and age; Department to adopt regulations prescribing documents acceptable to prove full legal name and age; proof of social security number; authority of Department to refuse to accept certain documents; additional regulations; prohibition on acceptance of consular identification cards as proof of age or identity.

Every application for a motorcycle drivers license must be made upon a form furnished by the Department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
Every application must:

(a) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence;

(b) Briefly describe the applicant;

(d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

(e) Give such other information as the Department requires to determine the competency and eligibility of the applicant.

Every applicant shall furnish proof of his or her full legal name and age by displaying an original or certified copy of the required documents as prescribed by regulation.
The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605 .
Every applicant who has been assigned a social security number must furnish proof of the social security number by displaying:

(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

(b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.

The Department may refuse to accept a drivers license issued by another state, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands or the United States Virgin Islands if the Department determines that the other state, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands or the United States Virgin Islands has less stringent standards than the State of Nevada for the issuance of a drivers license.
With respect to any document that has expired:

(a) The Department may refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and

(b) If the document indicates that the person is authorized to stay in the United States, the Department shall issue to the person presenting the document a drivers license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the drivers license is valid for 1 year beginning on the date of issuance.

The Director shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of a state, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands or the United States Virgin Islands or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a drivers license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for a motorcycle drivers license. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006 .

(Added to NRS by 1971, 1466 ; A 1973, 1445 ; 1987, 687 ; 1993, 2846 ; 1999, 2476 ; 2003, 470 , 1244 ,

1935 ,

2467 ;

2007, 2807 ; 2017, 1285 ; 2019, 1795 )

NRS 487.050

NRS

487.050

Unlawful to dismantle, scrap, process or wreck vehicle without license; application for license; submission of fingerprints; fees for processing fingerprints and issuance 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.]

It is unlawful for any person to dismantle, scrap, process or wreck any vehicle without first applying for and obtaining a license for that operation from the Department.
An application for a license must be made on a form provided by the Department. The forms must designate the persons whose names are required to appear thereon. The application must include the social security number of the applicant and be accompanied by:

(a) Such proof as the Department may require that the applicant:

(1) Is a bona fide automobile wrecker; and

(2) Owns or leases a place of business which meets the requirements of NRS 487.073 .

(b) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

(c) For initial licensure, a complete set of fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(d) The fee for issuance of a license provided in

NRS 487.080 .

(Added to NRS by 1963, 838 ; A 1969, 1086 ; 1987, 1600 ; 1995, 1574 ; 1997, 2079 ; 2017, 957 )

NRS

487.050

Unlawful to dismantle, scrap, process or wreck vehicle without license; application for license; submission of fingerprints; fees for processing fingerprints and issuance 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.]

It is unlawful for any person to dismantle, scrap, process or wreck any vehicle without first applying for and obtaining a license for that operation from the Department.
An application for a license must be made on a form provided by the Department. The forms must designate the persons whose names are required to appear thereon. The application must be accompanied by:

(a) Such proof as the Department may require that the applicant:

(1) Is a bona fide automobile wrecker; and

(2) Owns or leases a place of business which meets the requirements of NRS 487.073 .

(d) The fee for issuance of a license provided in

NRS 487.080 .

(Added to NRS by 1963, 838 ; A 1969, 1086 ; 1987, 1600 ; 1995, 1574 ; 1997, 2079 ; 2017, 957 , 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 487.073

NRS

487.073

Applicant to furnish information concerning place of business.

Before issuing a license to an automobile wrecker, the Department shall require the applicant to furnish proof that:

The applicant will conduct business from a permanent enclosed building which the applicant owns or has leased;
The business will be located on at least one-half of an acre of ground; and
The site for the business will be surrounded by a screened fence at least 6 feet high.

(Added to NRS by 1987, 1600 )

NRS 487.115

NRS

487.115

Entire salvage vehicles: Wrecker to deliver properly endorsed salvage title upon sale; criteria used to determine whether salvage vehicle is entire salvage vehicle or only part thereof.

Whenever an entire salvage vehicle is sold to any person by a licensed automobile wrecker, the automobile wrecker shall deliver a properly endorsed salvage title to the buyer for such an entire salvage vehicle.
A salvage vehicle shall be deemed an entire salvage vehicle:

(a) If all the following essential components are included and identifiable as coming from the same salvage vehicle:

(1) The cowl assembly;

(2) The floor pan assembly;

(3) The passenger compartment;

(4) The rear clip assembly; and

(5) The roof assembly; and

(b) In addition to the essential components required pursuant to paragraph (a):

(1) If the salvage vehicle was manufactured with a conventional frame, the conventional frame is included and identifiable as coming from the same salvage vehicle;

(2) If the salvage vehicle was manufactured with a unibody, the complete front inner structure is included and identifiable as coming from the same salvage vehicle;

(3) If the salvage vehicle is a truck which was manufactured with a conventional frame, the conventional frame and the truck cab assembly are included and identifiable as coming from the same salvage vehicle; and

(4) If the salvage vehicle is a truck which was manufactured with a unibody, the complete front inner structure and the truck cab assembly are included and identifiable as coming from the same salvage vehicle.

A salvage vehicle that does not satisfy the requirements of subsection 2 shall be deemed a part or parts of an entire salvage vehicle.

(Added to NRS by 2007, 3224 , 3406 )

Violations; Unfitness; Inspection of Records; Penalties

NRS 487.235

NRS

487.235

Removal of vehicles abandoned on public lands.

If a sheriffs office or other law enforcement agency discovers that, or receives notification that, a vehicle has been abandoned on public lands, the sheriffs office or other law enforcement agency shall:

(a) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the owner of the vehicle; and

(b) If the vehicle has not been reported as stolen and the sheriffs office or other law enforcement agency is able to determine the identity of the owner of the vehicle, notify the Department of those facts.

Upon the receipt of a notice from a sheriffs office or other law enforcement agency pursuant to paragraph (b) of subsection 1 and if the registration of the vehicle has not expired, the Department shall send by registered or certified mail, return receipt requested, a written notice to the owner of the vehicle stating that the owner must remove or cause the vehicle to be removed from the public lands within 30 days after the date on which the notice was sent.
If an owner receives a notice pursuant to subsection 2, the owner may submit to the Department an affidavit which states that the owner has taken action which meets the requirements of paragraph (a) or (b) of subsection 2 of NRS 487.220 . If the owner submits such an affidavit, the Department:

(a) Shall maintain a record of the affidavit; and

(b) Shall not suspend the registration of each vehicle currently registered to that owner as otherwise required by subsection 4.

If an owner:

(a) Receives a notice pursuant to subsection 2;

(b) Fails to remove or cause the vehicle to be removed within the 30-day period set forth in that notice; and

Ê the Department shall suspend the registration of each vehicle currently registered to the owner pursuant to chapter 482 of NRS. For the purposes of this subsection, the determination of the sheriffs office or other law enforcement agency that notified the Department pursuant to paragraph (b) of subsection 1 is conclusive as to whether the abandoned vehicle was removed within the 30-day period.

If the registration of a vehicle is suspended pursuant to subsection 4, the Department shall reinstate the registration upon receipt from the registered owner of the vehicle of:

(a) An affidavit setting forth that the registered owner caused the removal and disposition of, or proof that the registered owner paid the cost of removal and disposition of, the vehicle discovered abandoned upon public lands; and

(b) If applicable, proof that the registered owner redeemed any lien placed pursuant to NRS 487.270 on the vehicle discovered abandoned on public lands.

If a sheriffs office or other law enforcement agency is notified by a person or another governmental entity that a vehicle has been abandoned on public lands, the sheriffs office or other law enforcement agency shall, insofar as practicable and authorized by law, inform the person or entity making such notification of the actions taken by the sheriffs office or other law enforcement agency pursuant to this section.

(Added to NRS by 2005, 1219 )

NRS 487.410

NRS

487.410

Unlawful to operate salvage pool without license; application for license; submission of fingerprints; fees for processing fingerprints and issuance 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.]

No person may operate a salvage pool without first applying for and obtaining a license for that business from the Department.
An application for a license must be made on a form provided by the Department. The forms must designate the persons whose names are required to appear thereon. The application must include the social security number of the applicant and be accompanied by:

(a) Such proof as the Department requires that the applicant meets the statutory requirements to be an operator of a salvage pool.

(d) The fee for issuance of a license provided in

NRS 487.450 .

(Added to NRS by 1987, 1594 ; A 1997, 2080 ; 2017, 958 )

NRS

487.410

Unlawful to operate salvage pool without license; application for license; submission of fingerprints; fees for processing fingerprints and issuance 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.]

No person may operate a salvage pool without first applying for and obtaining a license for that business from the Department.
An application for a license must be made on a form provided by the Department. The forms must designate the persons whose names are required to appear thereon. The application must be accompanied by:

(a) Such proof as the Department requires that the applicant meets the statutory requirements to be an operator of a salvage pool.

(d) The fee for issuance of a license provided in

NRS 487.450 .

(Added to NRS by 1987, 1594 ; A 1997, 2080 ; 2017, 958 , 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 487.440

NRS

487.440

Applicant to furnish information concerning place of business.

Before issuing a license to an operator of a salvage pool, the Department shall require that the applicant furnish proof that:

The applicant will conduct business from a permanent enclosed building which the applicant owns or has leased;
The business will be located on at least one-half of an acre of ground; and
The site for the business will be surrounded by a screened fence at least 6 feet high.

(Added to NRS by 1987, 1595 )

NRS 487.470

NRS

487.470

Restrictions on purchase and sale of salvage vehicles; registration with operator of salvage pool with whom bid is made for purchase of vehicles required by certain persons; limitations on person issued identifying card described in

NRS 487.477

Except as otherwise provided in subsection 4, only a licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder or a person who has been issued an identifying card described in NRS 487.477 may bid to purchase a vehicle from an operator of a salvage pool, and the operator may only sell a vehicle to such a person. An operator shall not accept a bid from:

(a) An automobile wrecker until the automobile wrecker:

(1) Presents the card issued by the Department pursuant to NRS 487.070 or other identifying card; or

(2) If he or she is licensed or otherwise authorized to operate as an automobile wrecker in another state or foreign country, presents evidence of that licensure or authorization and has registered with the operator pursuant to subsection 2;

(b) A dealer of new or used motor vehicles or a rebuilder until the dealer or rebuilder:

(1) Presents the card issued by the Department pursuant to NRS 487.475 or other identifying card; or

(2) If he or she is licensed or otherwise authorized to operate as a dealer of new or used motor vehicles or as a rebuilder in another state or foreign country, presents evidence of that licensure or authorization and has registered with the operator pursuant to subsection 2; or

(1) For a nonrepairable vehicle; or

(2) For any other vehicle, until the person presents the identifying card.

Any automobile wrecker, dealer of new or used motor vehicles or rebuilder who is licensed or otherwise authorized to operate in another state or foreign country shall register with each operator of a salvage pool with whom the wrecker, dealer or rebuilder bids to purchase vehicles, by filing with the operator copies of his or her license or other form of authorization from the other state or country, and his or her drivers license, business license, certificate evidencing the filing of a bond, resale certificate and proof of social security or tax identification number, if such documentation is required for licensure in the other state or country. Each operator of a salvage pool shall keep such copies at his or her place of business and in a manner so that they are easily accessible and open to inspection by employees of the Department and to officers of law enforcement agencies in this State.
Each person who has been issued an identifying card described in NRS 487.477

shall register with each operator of a salvage pool with whom the person bids to purchase vehicles by filing with the operator copies of his or her drivers license, business license, if applicable, and proof of social security or tax identification number. Each operator of a salvage pool shall keep such copies at his or her place of business and in a manner so that they are easily accessible and open to inspection by employees of the Department and to officers of law enforcement agencies in this State.

A person who has been issued an identifying card described in NRS 487.477

shall not:

(a) Purchase more than three vehicles in any calendar year from operators of salvage pools in this State;

(b) Purchase any such vehicle for resale;

(d) Assist, solicit or conspire with another person to commit any act prohibited by paragraph (a), (b) or (c).

(Added to NRS by 1987, 1596 ; A 1989, 862 ; 1995, 1575 ; 1997, 2862 ; 2001, 2554 ; 2009, 1747 )

NRS 487.630

NRS

487.630

License: Application; fingerprints; fees; issuance; contents; posting; inclusion of license number in certain documents; expiration; renewal; reinstatement. [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.]

An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The forms must designate the persons whose names are required to appear thereon. The application must include the social security number of the applicant and must be accompanied by:

(a) Such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

(d) The fee for issuance of a license required by subsection 2.

The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop.
Upon receipt of the application and the statement required pursuant to NRS 487.003

and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.
A license expires on April 30 of each year.
Except as otherwise provided in subsection 7, a licensee may renew his or her license by submitting to the Department:

(a) A completed application for renewal upon a form supplied by the Department;

(b) The statement required pursuant to NRS 487.003 ;

(c) Evidence satisfactory to the Department that the licensee has completed and electronically submitted, within 60 days immediately preceding the date of the submission of the application for renewal, the survey required pursuant to NRS 487.685 ; and

(d) The fee for renewal of a license provided in subsection 2.

A license that expires for failure to renew before April 30 may be reinstated upon submission to the Department of:

(a) The application, statement and evidence specified in paragraphs (a), (b) and (c) of subsection 6;

(b) The fee for renewal of a license provided in subsection 2; and

Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

(Added to NRS by 1987, 1598 ; A 1989, 1002 , 2024 ;

1991, 1779 ; 1997, 148 , 1373 ,

1376 ,

1517 ,

2081 ;

2007, 407 , 1233 ;

2017, 959 )

NRS

487.630

License: Application; fingerprints; fees; issuance; contents; posting; inclusion of license number in certain documents; expiration; renewal; reinstatement. [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.]

An application for a license to operate a body shop must be filed with the Department upon forms supplied by the Department. The forms must designate the persons whose names are required to appear thereon. The application must be accompanied by:

(a) Such proof as the Department requires to demonstrate that the applicant meets the statutory requirements to operate a body shop.

(d) The fee for issuance of a license required by subsection 2.

The Department shall charge a fee of $300 for the issuance or renewal of a license to operate a body shop.
Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.
Upon receipt of the license, the operator shall post the license in a conspicuous place clearly visible to the general public in the body shop and include the license number on all estimates and invoices for repairs.
A license expires on April 30 of each year.
Except as otherwise provided in subsection 7, a licensee may renew his or her license by submitting to the Department:

(a) A completed application for renewal upon a form supplied by the Department;

(b) Evidence satisfactory to the Department that the licensee has completed and electronically submitted, within 60 days immediately preceding the date of the submission of the application for renewal, the survey required pursuant to NRS 487.685 ; and

A license that expires for failure to renew before April 30 may be reinstated upon submission to the Department of:

(a) The application and evidence specified in paragraphs (a) and (b) of subsection 6;

(b) The fee for renewal of a license provided in subsection 2; and

Fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

(Added to NRS by 1987, 1598 ; A 1989, 1002 , 2024 ;

1991, 1779 ; 1997, 148 , 1373 ,

1376 ,

1517 ,

2081 ;

1999, 457 ; 2007, 407 , 1233 ,

1234 ;

2017, 959 , 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 487.656

NRS

487.656

Class A certification: Application; inspection; fee; issuance and renewal; contents of certificate; expiration.

An application for a Class A certification or for the renewal of such a certification must be filed with the Department upon forms supplied by the Department. The application must be accompanied by such proof as the Department requires to demonstrate that the applicant is in compliance with all criteria set forth in NRS 487.652 and any regulations adopted pursuant thereto.
Before a Class A certificate is issued to a licensed body shop, the Department must inspect the body shop to ensure that the body shop meets or exceeds the requirements set forth in NRS 487.652 and any regulations adopted pursuant thereto.
The Department shall notify a licensed body shop at least 72 hours before an inspection is performed pursuant to subsection 2.
The Department shall charge an application fee of $300 for the issuance or renewal of a Class A certificate which must be submitted with the application. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.
Upon receipt of the application and the required fee, and when satisfied that the applicant meets or exceeds the requirements set forth in NRS 487.652

and any regulations adopted pursuant thereto, the Department must issue to the licensed body shop a Class A certificate or renew such certification. The certificate must contain the name and the address of the licensed body shop and the name of the operator of the licensed body shop.

A Class A certificate expires on April 30 of each year.

(Added to NRS by 2007, 3430 )

NRS 487.800

NRS

487.800

Salvage vehicles: Duties of insurance company and relinquishing owner; application for salvage title; sale of vehicle; rebuilt and restored vehicles; retention; exclusion of nonrepairable vehicles; application by salvage pool or charitable organization for salvage title or nonrepairable vehicle certificate for certain vehicles.

When an insurance company acquires a motor vehicle as a result of a settlement in which the motor vehicle is determined to be a salvage vehicle, the owner of the motor vehicle who is relinquishing ownership of the motor vehicle shall endorse the certificate of title of the motor vehicle and forward the endorsed certificate of title to the insurance company within 30 days after accepting the settlement from the insurance company. Except as otherwise provided in subsection 2, the insurance company or its authorized agent shall forward the endorsed certificate of title, together with an application for a salvage title or nonrepairable vehicle certificate, to the state agency within 180 days after receipt of the endorsed certificate of title.
If the owner of the motor vehicle who is relinquishing ownership does not provide the endorsed certificate of title to the insurance company within 30 days after accepting the settlement pursuant to subsection 1, the insurance company shall, as soon as practicable, forward an application for a salvage title or nonrepairable vehicle certificate to the state agency. Except as otherwise provided in subsections 10 and 11, the state agency shall issue a salvage title or nonrepairable vehicle certificate to the insurance company for the vehicle upon receipt of:

(a) The application;

(b) A motor vehicle inspection certificate signed by a representative of the Department or, as one of the authorized agents of the Department, by a peace officer, dealer, rebuilder, automobile wrecker, operator of a salvage pool or garage operator;

(c) Documentation that the insurance company has made at least two written attempts by certified mail, return receipt requested, or by use of a delivery service with a tracking system, to obtain the endorsed certificate of title; and

(d) Proof satisfactory to the state agency that the certificate of title was required to be surrendered to the insurance company as part of the settlement.

Except as otherwise provided in subsections 1 and 2, before any ownership interest in a salvage vehicle, except a nonrepairable vehicle, may be transferred, the owner or other person to whom the motor vehicle is titled:

(a) If the person has possession of the certificate of title to the vehicle, shall forward the endorsed certificate of title, together with an application for salvage title to the state agency within 30 days after the vehicle becomes a salvage vehicle.

(b) If the person does not have possession of the certificate of title to the vehicle and the certificate of title is held by a lienholder, shall notify the lienholder within 10 days after the vehicle becomes a salvage vehicle that the vehicle has become a salvage vehicle. The lienholder shall, within 30 days after receiving such notice, forward the certificate of title, together with an application for salvage title, to the state agency.

An insurance company or its authorized agent may sell a vehicle for which a total loss settlement has been made with the properly endorsed certificate of title if the total loss settlement resulted from the theft of the vehicle and the vehicle, when recovered, was not a salvage vehicle.
An owner who has determined that a vehicle is a total loss salvage vehicle may sell the vehicle with the properly endorsed certificate of title obtained pursuant to this section, without making any repairs to the vehicle, to a salvage pool, automobile auction, rebuilder, automobile wrecker or a new or used motor vehicle dealer.
Except with respect to a nonrepairable vehicle, if a salvage vehicle is rebuilt and restored to operation, the vehicle may not be licensed for operation, displayed or offered for sale, or the ownership thereof transferred, until there is submitted to the state agency with the prescribed salvage title, an appropriate application, other documents, including, without limitation, an affidavit from the state agency attesting to the inspection and verification of the vehicle identification number and the identification numbers, if any, for parts used to repair the motor vehicle and fees required, together with a certificate of inspection completed pursuant to NRS 487.860 .
Except with respect to a nonrepairable vehicle, if a total loss insurance settlement between an insurance company and any person results in the retention of the salvage vehicle by that person, before the execution of the total loss settlement, the insurance company or its authorized agent shall:

(a) Obtain, upon an application for salvage title, the signature of the person who is retaining the salvage vehicle;

(b) Append to the application for salvage title the certificate of title to the motor vehicle or an affidavit stating that the original certificate of title has been lost; and

If the state agency determines that a salvage vehicle retained pursuant to subsection 6 is titled in another state or territory of the United States, the state agency shall notify the appropriate authority of that state or territory that the owner has retained the salvage vehicle.
A person who retains a salvage vehicle pursuant to subsection 7 may not transfer any ownership interest in the vehicle unless he or she has received a salvage title.
When a salvage pool, at the request of an insurance company, obtains possession of a vehicle that is the subject of an insurance claim and a total loss claim is not paid by the insurance company for the vehicle, the salvage pool, after the vehicle has been abandoned at the facility of the salvage pool for not less than 30 days, may apply for a salvage title or a nonrepairable vehicle certificate. The state agency shall issue a salvage title or nonrepairable vehicle certificate to the salvage pool upon receipt of:

(a) The application;

(c) Documentation that the salvage pool has made at least two written attempts by certified mail, return receipt requested, or by use of a delivery service with a tracking system addressed to the owner of the vehicle and any known lienholder to have the vehicle removed from the facility of the salvage pool.

When an organization 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, 26 U.S.C. § 501(c)(3), obtains a vehicle by donation and the organization is unable to obtain the endorsed certificate of title, the organization may apply for a salvage title or a nonrepairable vehicle certificate. The state agency shall issue a salvage title or nonrepairable vehicle certificate to the organization upon receipt of:

(a) The application;

(c) Evidence satisfactory to the Department that the organization made at least two written attempts, mailed to the address of the previous owner of the vehicle, to obtain the endorsed certificate of title.

(Added to NRS by 1963, 839 ; A 1979, 1230 ; 1987, 1603 ; 1991, 526 ; 1995, 1574 ; 2003, 471 , 1914 ;

2007, 227 ; 2009, 1750 ; 2019, 1445 )

NRS 488.075

NRS

488.075

Number, certificate of number and certificate of ownership: Application; issuance; fees; location of number on vessel; regulations.

The owner of each power-driven vessel requiring numbering by this State shall file an application for a number and for a certificate of ownership with the Department on forms approved by it accompanied by:

(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320 .

(b) Such evidence of ownership as the Department may require.

Ê The Department shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.

The application must be signed by the owner of the power-driven vessel and must be accompanied by:

(a) A fee of $20 for the certificate of ownership; and

(b) Except as otherwise provided in subsection 2 of NRS 488.125 , an annual fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the power-driven vessel:

Less than 13 feet..................................................................................................... $20

13 feet or more but less than 18 feet...................................................................... 25

18 feet or more but less than 22 feet...................................................................... 40

22 feet or more but less than 26 feet...................................................................... 55

26 feet or more but less than 31 feet...................................................................... 75

31 feet or more ....................................................................................................... 100

Except as otherwise provided in this subsection, all fees received by the Department under the provisions of this chapter must be deposited in the Wildlife Account in the State General Fund and, except as otherwise provided in NRS 488.536 , may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the Department shall deposit with the State Education Fund 50 percent of each fee collected according to the length of the power-driven vessel for every power-driven vessel registered. Upon receipt of the application in approved form, the Department shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the power-driven vessel, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

The Commission shall adopt regulations providing for the renewal of a certificate of number by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the power-driven vessel and is equivalent to the fee set forth in the schedule provided in paragraph (b) of subsection 2. The amount of the fee for issuing a duplicate validation decal is $20.
The owner shall paint on or attach to each side of the bow of the power-driven vessel the identification number in such manner as may be prescribed by regulations of the Commission in order that the number may be clearly visible. The number must be maintained in legible condition.
The certificate of number must be available at all times for inspection on the power-driven vessel for which issued, whenever the power-driven vessel is in operation.
The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon power-driven vessels operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those power-driven vessels. The amount of the fee for each such a number is $20.

(Added to NRS by 1960, 475 ; A 1963, 783 ; 1965, 1061 ; 1969, 562 ; 1971, 757 , 1378 ;

1975, 643 , 1747 ,

1749 ,

1783 ,

1785 ;

1979, 912 ; 1981, 182 ; 1983, 333 ; 1985, 1963 ; 1987, 854 ; 1991, 2106 ; 1993, 1026 , 1646 ;

1995, 553 ; 2003, 1568 , 2553 ;

2011, 2405 , 3155 ;

2015, 103 ; 2017, 3639 ; 2021, 1139 ; 2023, 537 )

NRS 488.1794

NRS

488.1794

Certificate of ownership in beneficiary form: Application; issuance to tenant in common prohibited; contents; effect; revocation; encumbrances; duties of Department; transfer upon death not testamentary.

The owner or joint owners of a power-driven vessel may request the Department to issue a certificate of ownership in beneficiary form for the power-driven vessel which includes a directive to the Department to transfer the certificate of ownership upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of ownership.
A request made pursuant to subsection 1 must be submitted on an application made available by the Department and accompanied by the fee for the issuance of a certificate of ownership.
A certificate of ownership in beneficiary form may not be issued to a person who holds an interest in a power-driven vessel as a tenant in common with another person.
A certificate of ownership in beneficiary form must include after the name of the owner, or after the names of joint owners, the words transfer on death to or the abbreviation TOD followed by the name of the beneficiary.
During the lifetime of a sole owner or before the death of the last surviving joint owner:

(a) The signature or consent of the beneficiary is not required for any transaction relating to a power-driven vessel for which a certificate of ownership in beneficiary form has been issued; and

(b) The certificate of ownership in beneficiary form may be revoked or the beneficiary changed at any time by:

(1) Sale of the power-driven vessel with proper assignment and delivery of the certificate of ownership to another person; or

(2) Filing an application with, and paying a fee to, the Department to reissue the certificate of ownership with no designation of a beneficiary or with the designation of a different beneficiary.

The interest of the beneficiary in a power-driven vessel on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the power-driven vessel were subject during their lifetime.
Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of ownership in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changed or revoked.
The Department shall, upon:

(a) Proof of death of one of the owners, of two or more joint owners or of a sole owner;

(b) Surrender of the outstanding certificate of ownership in beneficiary form; and

Ê issue a new certificate of ownership for the power-driven vessel to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.

For the purposes of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.
The transfer on death of a power-driven vessel pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.
As used in this section:

(a) Beneficiary means a person or persons designated to become the owner or owners of a power-driven vessel on the death of the preceding owner or owners.

(b) Certificate of ownership in beneficiary form means a certificate of ownership of a power-driven vessel that indicates the present owner or owners of the power-driven vessel and designates a beneficiary.

(Added to NRS by 2007, 990 )

NRS 488.1797

NRS

488.1797

Requirements for issuance of certificate of ownership.

Before the issuance of any certificate of ownership, the Department shall obtain a statement in writing signed by the transferee or transferor, showing:

(a) The date of the sale or other transfer of ownership of the power-driven vessel.

(b) The name and address of the seller or transferor.

Upon receipt of:

(a) The properly endorsed certificate of ownership;

(b) The certificate of number and the required fee;

(d) Proof that the applicable taxes have been paid,

Ê the Department shall issue a new certificate of ownership and a new certificate of number to the transferee. The previous number may be reassigned to the transferee.

(Added to NRS by 1971, 1376 ; A 1975, 644 ; 1985, 1966 ; 1987, 856 ; 1993, 1649 ; 2003, 1571 , 2824 )

NRS 488.293

NRS

488.293

Authority of peace officer to identify registered owner of vessel abandoned on private property; peace officer to notify Department of removal of abandoned vessel; law enforcement agency to notify owner or holder of security interest regarding location of and procedure for claiming vessel; waiver of interest in vessel; transfer of ownership to law enforcement agency.

A peace officer may attempt to identify the registered owner of a vessel abandoned on private property by inspection of the vessel and any trailer to which it is attached and may supply the information to the property owner. The property owner must declare by affidavit the reasons why he or she believes the property to be abandoned. The property owner must give 5 days notice to the last registered owner before causing the removal of the vessel. If the last registered owner is unknown or cannot be notified, the vessel may immediately be removed to a secure location designated by a peace officer.
A peace officer shall, within 48 hours after directing the removal of an abandoned vessel on a public waterway or public or private property, notify the Department of the status of the vessel.
A law enforcement agency that has custody of an abandoned vessel shall, if the agency knows or can reasonably discover the name and address of the owner of the vessel or any person who holds a security interest in the vessel, notify the owner or the holder of the security interest of the location of the vessel and the method by which the vessel may be claimed. The notice must be sent by certified or registered mail.
If the abandoned vessel is held by a law enforcement agency as evidence in the investigation or prosecution of a criminal offense, the notice required by subsection 3 must be sent:

(a) Upon the decision of the law enforcement agency or district attorney not to pursue or prosecute the case;

(b) Upon the conviction of the person who committed the offense; or

Failure to reclaim the vessel within 180 days after the date the notice is mailed constitutes a waiver of interest in the vessel by any person having an interest in the vessel and the vessel shall be deemed abandoned for all purposes.
If all recorded interests in a vessel are waived, as provided in subsection 5 or by written disclaimer, the Department may issue a certificate of ownership to the law enforcement agency that has custody of the vessel. If a certificate of ownership is to be issued to the law enforcement agency and the vessel is subject to the requirements for hull numbers prescribed by the United States Coast Guard but does not comply with those requirements, the Department shall assign a state hull number to the vessel. This subsection does not preclude the subsequent return of a vessel, or any component part thereof, by a law enforcement agency to the registered owner of the vessel upon presentation by the registered owner of satisfactory proof of ownership.
A law enforcement agency to which a certificate of ownership is issued pursuant to subsection 6 may use, sell or destroy the vessel, and shall keep a record of the disposition of the vessel. If the law enforcement agency:

(a) Sells the vessel, all proceeds from the sale of the vessel become the property of the law enforcement agency.

(b) Destroys the vessel, the law enforcement agency shall, within 10 days, give notice of the destruction of the vessel to the Department.

(Added to NRS by 1993, 222 ; A 1999, 730 ; 2003, 1576 ; 2015, 38 )

BOAT LIVERIES

NRS 488.530

NRS

488.530

Unlawful acts; inspections; authority of peace officers.

It is unlawful for any person at any time to:

(a) Launch a vessel into any body of water in this State for which the Department has approved an inspection program without first complying with that program;

(b) Refuse to comply with any requirements of the Department or any requirements of an inspection program approved by the Department; or

(c) Leave an impaired body of water in this State or any other state after operating a vessel on that impaired body of water and launch the vessel on any other body of water in this State without first decontaminating the vessel and any conveyance used on the impaired body of water.

In addition to any inspection conducted pursuant to NRS 488.900 , each owner, operator or person in control of a vessel or conveyance shall stop at any mandatory inspection station for aquatic invasive species authorized by the Department. If a peace officer reasonably believes, based on articulable facts, that an aquatic invasive species or aquatic plant material may be present on the vessel or conveyance, the peace officer may:

(a) Require the owner, operator or person in control of the vessel or conveyance to decontaminate the vessel or conveyance; or

(b) In addition to any seizure required pursuant to NRS 488.910 , impound or quarantine the vessel or conveyance.

A peace officer may stop and inspect a vessel or conveyance for the presence of aquatic invasive species or aquatic plant material, or for proof of a required inspection:

(a) Before a vessel is launched into a body of water in this State;

(b) Before a vessel or conveyance departs from a body of water in this State, a launch ramp or a vessel staging area;

(d) If the peace officer reasonably believes, based on articulable facts, that an aquatic invasive species or aquatic plant material is present.

If a peace officer conducts an inspection of a vessel or conveyance pursuant to this section and determines that an aquatic invasive species or aquatic plant material is present on the vessel or conveyance, the peace officer may order the vessel or conveyance to be decontaminated.
A peace officer may impound or quarantine a vessel if:

(a) An inspection conducted pursuant to this section indicates the presence of an aquatic invasive species or aquatic plant material on the vessel or conveyance; or

(b) The owner, operator or person in control of the vessel or conveyance refuses to:

(1) Submit to an inspection authorized pursuant to this section; or

(2) Comply with an order issued pursuant to this section to decontaminate his or her vessel or conveyance.

As used in this section, impaired body of water means any body of water in this State or any other state which the Commission or another governmental entity has identified as containing an aquatic invasive species.

(Added to NRS by 2011, 2402 )

NRS 488.730

NRS

488.730

Operation of certain power-driven vessels on interstate waters of State by persons born on or after January 1, 1983: Requirements; presentation to peace officer of certain documentation; duties of certain persons engaged in business of renting or leasing power-driven vessels.

A person born on or after January 1, 1983, shall not operate a power-driven vessel that has a motor which exceeds 15 horsepower on any interstate waters of this State unless the operator:

(a) Has:

(1) Successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or passed a proficiency examination if the examination was proctored and tested the knowledge of information included in the curriculum of such a course; and

(2) Received a certificate as evidence of successful completion of the course or passage of the examination;

(b) Possesses a license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard;

(c) Possesses a nonrenewable temporary operators permit to operate the power-driven vessel which is valid for 60 days and was issued with the certificate of number for the power-driven vessel if the vessel is new or was sold with a transfer of ownership;

(d) Possesses a rental or lease agreement provided pursuant to subsection 3 which lists the person as an authorized operator of the power-driven vessel; or

(e) Is not a resident of this State, is at least 18 years of age, is temporarily using the interstate waters of this State for a period not to exceed 60 consecutive days and satisfies any applicable requirements of the persons state of residency or province relating to the operation of a power-driven vessel.

A person born on or after January 1, 1983, who is operating a power-driven vessel that has a motor which exceeds 15 horsepower on any interstate waters of this State and who is stopped by a game warden, sheriff or other peace officer in the enforcement of this chapter or the regulations adopted pursuant thereto shall present to the game warden, sheriff or peace officer:

(a) The certificate received by the person pursuant to subparagraph (2) of paragraph (a) of subsection 1;

(b) A license described in paragraph (b) of subsection 1;

(d) A rental or lease agreement for the power-driven vessel provided pursuant to subsection 3 which lists the person as an authorized operator of the power-driven vessel; or

(e) Proof that the person satisfies the requirements of paragraph (e) of subsection 1.

Ê Failure to present the certificate, license, permit, agreement or proof constitutes prima facie evidence of a violation of subsection 1. A person who fails to present the certificate, license, permit, agreement or proof is guilty of a misdemeanor unless the person presents the required documents in court. The documents must prove that the person was operating the power-driven vessel in compliance with this section on the date of the violation.

A person or an agent or employee of a person engaged in the business of renting or leasing power-driven vessels for operation on the interstate waters of this State shall not rent or lease a power-driven vessel that has a motor which exceeds 15 horsepower to any person born on or after January 1, 1983, for operation on the interstate waters of this State unless the person:

(a) Is 18 years of age or older; and

(b) Signs an affidavit that the person:

(1) Has successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or has passed a proficiency examination that was proctored and tests knowledge of the information included in the curriculum of such a course;

(2) Possesses a license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard; or

(3) Is not a resident of this State, is temporarily using the interstate waters of this State for a period not to exceed 60 consecutive days and satisfies any applicable requirements of the persons state of residency or province relating to the operation of a power-driven vessel.

A person or an agent or employee of a person engaged in the business of renting or leasing power-driven vessels for operation on the interstate waters of this State shall list on each rental or lease agreement for a power-driven vessel the name and age of each person who is authorized to operate the power-driven vessel. The person to whom the power-driven vessel is rented or leased shall ensure that only those persons who are listed as authorized operators are allowed to operate the power-driven vessel. A person who is under 16 years of age may:

(a) Be listed as an authorized operator.

(b) Operate the power-driven vessel only if an authorized operator who is 18 years of age or older is on board the power-driven vessel and supervises the person.

A person or an agent or employee of a person engaged in the business of renting or leasing power-driven vessels for operation on the interstate waters of this State shall provide to each authorized operator of a power-driven vessel a summary of the statutes and regulations governing the operation of a power-driven vessel and instructions regarding the safe operation of the power-driven vessel. Each person who is listed as an authorized operator of the power-driven vessel shall review the summary of the statutes, regulations and instructions before the power-driven vessel departs from the rental or leasing office.

(Added to NRS by 2001, 1717 )

NRS 489.102

NRS

489.102

General serviceperson defined.

General serviceperson means a person who owns or is the responsible managing employee of a business which:

(a) Installs or repairs the awnings, roofing, skirting, plumbing, heating or electrical systems of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing;

(b) Installs, removes or prepares for transport a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing at the site where it will be or has been used for occupancy; or

(c) Reconstructs a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing by the alteration, addition or substitution of substantial or essential parts.

The term does not include:

(a) A licensed manufacturer engaged in the installation, repair or service of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing that was manufactured by the licensed manufacturer;

(b) The owner or purchaser of a manufactured home, mobile home or manufactured building or factory-built housing who uses the manufactured home, mobile home or manufactured building or factory-built housing as his or her private residence; or

(c) The owner or purchaser of a commercial coach who uses the commercial coach for his or her own industrial, professional or commercial purposes.

(Added to NRS by 2005, 1625 ; A 2009, 1903 )

NRS 489.285

NRS

489.285

Regulations concerning continuing education requirements for dealers, distributors, general servicepersons, specialty servicepersons, responsible managing employees and salespersons.

The Division shall adopt regulations concerning continuing education requirements for dealers, distributors, general servicepersons, specialty servicepersons, responsible managing employees and salespersons. The regulations must include the:

(a) Criteria for determining what qualifies as continuing education;

(b) Criteria for approving educational and training programs;

(d) Grounds and procedures for granting an extension of time within which to comply with continuing education requirements.

In adopting regulations pursuant to subsection 1, the Division shall:

(a) Allow for alternative subjects, instructors, schools and sources of programs, with consideration for specialized areas of practice, availability and proximity of resources to the licensees and applicants, and the time and expense required to participate in the programs.

(b) Approve courses offered by generally accredited educational institutions and private vocational schools if those courses otherwise qualify as continuing education.

(1) Individual sponsors;

(2) Manufactured housing firms and businesses such as dealers, distributors, general servicepersons, specialty servicepersons, manufacturers and suppliers of the various components for constructing such homes or coaches, including heating and air-conditioning systems, material for roofing and siding, skirting, awnings and other components;

(3) Professional and industry-related organizations; and

(4) Other organized educational programs concerning technical or specialized subjects, including in-house training programs offered by an employer for his or her employees and participation in meetings and conferences of industry-related organizations.

(d) Solicit advice and assistance from persons and organizations that are knowledgeable in the construction, sale, distribution, installation, rebuilding and servicing of manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing and the method of educating licensees.

The Division is not responsible for the costs of any continuing education program, but may participate in the funding of those programs subject to legislative appropriations.
As used in this section, industry-related organizations includes, without limitation, the:

(a) Manufactured Housing Institute;

(b) Manufactured Home Community Owners;

(d) Nevada Association of Realtors;

(e) Nevada Housing Alliance;

(f) Modular Building Institute; and

(g) Any other organization approved by the Division.

(Added to NRS by 1997, 2986 ; A 2001, 486 ; 2005, 1629 ; 2009, 1906 )

NRS 489.321

NRS

489.321

License to engage in business of manufacturer, dealer, distributor, general serviceperson or specialty serviceperson: Application; issuance; provisional license; expiration and renewal. [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.]

An application for a manufacturers, dealers, distributors, general servicepersons or specialty servicepersons license must be filed upon forms supplied by the Division and include the social security number of the applicant. The applicant must furnish:

(a) Any proof the Division may deem necessary that the applicant is a manufacturer, dealer, distributor, general serviceperson or specialty serviceperson.

(b) Any proof the Division may require that the applicant has an established place of business.

(c) Any proof the Division may require of the applicants good character and reputation and fitness to engage in the activities for which the license is sought.

(d) A complete set of the applicants fingerprints and written permission authorizing the Administrator to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information relating to the fingerprints of an applicant under this section.

(e) In the case of a dealer in new manufactured homes, an instrument in the form prescribed by the Division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

(f) A reasonable fee fixed by regulation.

(g) In the case of a dealer, distributor or general serviceperson, proof of passing the examination required under subsection 1 of NRS 489.351 .

(h) In the case of a specialty serviceperson, proof of passing the examination required under subsection 1 of NRS 489.351 or proof that the examination has been waived pursuant to subsection 2 of NRS 489.351 .

(i) Any additional requirements the Division may from time to time prescribe by regulation.

Within 60 days after the receipt of a complete application, the Division shall issue or deny the license.
The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Division shall issue to the applicant a dealers, manufacturers, distributors, general servicepersons or specialty servicepersons license containing the applicants name and the address of the applicants fixed place of business.
Each license is valid for a period of 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.

(Added to NRS by 1979, 1203 ; A 1981, 1853 ; 1983, 144 , 784 ;

1987, 1862 ; 1997, 2083 ; 2003, 2856 ; 2005, 1630 ; 2007, 381 ; 2009, 1907 )

NRS

489.321

License to engage in business of manufacturer, dealer, distributor, general serviceperson or specialty serviceperson: Application; issuance; provisional license; expiration and renewal. [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.]

Applications for a manufacturers, dealers, distributors, general servicepersons or specialty servicepersons license must be filed upon forms supplied by the Division, and the applicant shall furnish:

(a) Any proof the Division may deem necessary that the applicant is a manufacturer, dealer, distributor, general serviceperson or specialty serviceperson.

(b) Any proof the Division may require that the applicant has an established place of business.

(c) Any proof the Division may require of the applicants good character and reputation and fitness to engage in the activities for which the license is sought.

(d) A complete set of the applicants fingerprints and written permission authorizing the Administrator to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information respecting the fingerprints of an applicant under this section.

(f) A reasonable fee fixed by regulation.

(g) In the case of a dealer, distributor or general serviceperson, proof of passing the examination required under subsection 1 of NRS 489.351 .

(i) Any additional requirements the Division may from time to time prescribe by regulation.

Within 60 days after receipt of a complete application, the Division shall issue or deny the license.
The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Division shall issue to the applicant a dealers, manufacturers, distributors, general servicepersons or specialty servicepersons license certificate containing the applicants name and the address of the applicants fixed place of business.
Each license is valid for a period of 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.

(Added to NRS by 1979, 1203 ; A 1981, 1853 ; 1983, 144 , 784 ;

1987, 1862 ; 1997, 2083 ; 2003, 2856 ; 2005, 1630 , 1631 ;

2007, 381 , 382 ;

2009, 1907 , 1908 , 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 489.323

NRS

489.323

Proof of completion of continuing education required for renewal of license of dealer, distributor, general serviceperson, specialty serviceperson, responsible managing employee or salesperson; waiver.

Except as otherwise provided in subsection 2, if a licensee is a dealer, distributor, general serviceperson, specialty serviceperson, responsible managing employee or salesperson, the Division shall not renew a license issued to that licensee until the licensee has submitted proof satisfactory to the Division that the licensee has, during the 2-year period immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the Division pursuant to NRS 489.285 .
The Administrator may waive the requirement for continuing education set forth in subsection 1 for a licensee who is a specialty serviceperson if:

(a) The licensee holds a license issued by the State Contractors Board; and

(b) The Administrator determines that, based upon the license described in paragraph (a) and the services provided by the licensee, it is in the best interest of this State for the Administrator to waive the requirement for continuing education for the licensee.

(Added to NRS by 1997, 2987 ; A 2001, 487 ; 2005, 1631 ; 2009, 1909 ; 2013, 45 )

NRS 489.325

NRS

489.325

Regulations providing for licensing of specialty servicepersons.

The Administrator may adopt regulations which provide for the licensing of specialty servicepersons. A person licensed as a specialty serviceperson pursuant to this section must be limited in the scope of the work he or she may perform to installation or repair in one of the following categories:

(a) Awnings, roofing or skirting;

(b) Plumbing;

(d) Electrical systems; or

(e) Any other category that may be similarly licensed by the State Contractors Board.

The Administrator shall provide in those regulations for:

(a) The imposition of reasonable fees for application, examination and licensure.

(b) The creation and administration of a written or oral examination for each category of limited licensure.

(c) Minimum qualifications for such a license, including, without limitation, the passage of any applicable examination required pursuant to subsection 1 of NRS 489.351 , unless waived pursuant to subsection 2 of NRS 489.351 .

A person who is licensed as a specialty serviceperson shall comply with each statute and regulation which applies to general servicepersons, including, without limitation, the payment of a fee required pursuant to subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971 .

(Added to NRS by 1993, 827 ; A 1999, 861 ; 2003, 587 ; 2005, 1631 ; 2007, 383 )

NRS 489.341

NRS

489.341

License for salesperson or responsible managing employee: Requirements; issuance; provisional license; expiration; limitations; transfer. [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.]

A person shall not act as a salesperson in this State or as a responsible managing employee for a person who sells, leases, distributes, reconstructs, improves, repairs or installs any manufactured home, mobile home, manufactured building, commercial coach or factory-built housing subject to the provisions of this chapter without first having received a license from the Division. Before issuing such a license, the Division shall require:

(a) An application, signed and verified by the applicant, stating that the applicant desires to act as a salesperson or responsible managing employee and providing the applicants residential address and social security number and the name and address of his or her employer.

(b) Proof of the employment of the applicant at the time the application is filed. An applicant for a license as a responsible managing employee shall submit proof of 2 years experience within the previous 4 years in the business in which the applicant is seeking to be licensed as a responsible managing employee.

(c) Proof of the applicants good character and reputation and fitness to act as a salesperson or responsible managing employee.

(e) A statement as to whether any previous application of the applicant has been denied or license revoked.

(f) Payment of a reasonable license fee established by regulation.

(g) The applicant to have passed the examination required by NRS 489.351 .

(h) Any other information the Division deems necessary.

Within 60 days after the receipt of a complete application, the Division shall issue or deny the license.
The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Administrator shall issue to the applicant a license as a salesperson or a responsible managing employee. The license must contain the licensees name and the address of his or her employers place of business.
Each license is valid for 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.
A person licensed pursuant to this section shall not engage in sales activity other than for the account of, or for and in behalf of, a single employer who is a licensed dealer or distributor.
A license issued pursuant to this section may be transferred to another licensed employer upon application and the payment of a transfer fee of $10. When a salesperson or responsible managing employee holding a current license leaves the employment of one dealer, distributor, general serviceperson or specialty serviceperson for that of another, the new employer may employ the salesperson or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.
A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom the holder of the license is licensed.
If a salesperson or responsible managing employee ceases to be employed by a licensed dealer, distributor, general serviceperson or specialty serviceperson, his or her license to act as a salesperson or responsible managing employee is automatically suspended and the persons right to act in that capacity immediately ceases, and he or she shall not engage in such an activity until reemployed by a licensed dealer, distributor, general serviceperson or specialty serviceperson. Every licensed salesperson and responsible managing employee shall report in writing to the Division every change in his or her place of employment or termination of employment within 5 days after the date of making the change.

(Added to NRS by 1979, 1204 ; A 1981, 1854 ; 1983, 786 ; 1991, 1326 ; 1997, 2084 ; 2003, 2857 ; 2005, 1632 ; 2009, 1909 )

NRS

489.341

License for salesperson or responsible managing employee: Requirements; issuance; provisional license; expiration; limitations; transfer. [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.]

A person shall not act as a salesperson in this State or as a responsible managing employee for a person who sells, leases, distributes, reconstructs, improves, repairs or installs any manufactured home, mobile home, manufactured building, commercial coach or factory-built housing subject to the provisions of this chapter without first having received a license from the Division. Before issuing such a license, the Division shall require:

(c) Proof of the applicants good character and reputation and fitness to act as a salesperson or responsible managing employee.

(e) A statement as to whether any previous application of the applicant has been denied or license revoked.

(f) Payment of a reasonable license fee established by regulation.

(g) The applicant to have passed the examination required by NRS 489.351 .

(h) Any other information the Division deems necessary.

Within 60 days after receipt of a complete application, the Division shall issue or deny the license.
The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Administrator shall issue to the applicant a license as a salesperson or a responsible managing employee. The license must contain the licensees name and the address of his or her employers place of business.
Each license is valid for 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.
A person licensed pursuant to this section shall not engage in sales activity other than for the account of or for and in behalf of a single employer who is a licensed dealer or distributor.
A license issued pursuant to this section may be transferred to another licensed employer upon application and the payment of a transfer fee of $10. When a salesperson or responsible managing employee holding a current license leaves the employment of one dealer, distributor, general serviceperson or specialty serviceperson for that of another, the new employer may employ the salesperson or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.
A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom the holder of the license is licensed.
If a salesperson or responsible managing employee ceases to be employed by a licensed dealer, distributor, general serviceperson or specialty serviceperson, his or her license to act as a salesperson or responsible managing employee is automatically suspended and the persons right to act in that capacity immediately ceases, and he or she shall not engage in such an activity until reemployed by a licensed dealer, distributor, general serviceperson or specialty serviceperson. Every licensed salesperson and responsible managing employee shall report in writing to the Division every change in his or her place of employment or termination of employment within 5 days after the date of making the change.

(Added to NRS by 1979, 1204 ; A 1981, 1854 ; 1983, 786 ; 1991, 1326 ; 1997, 2084 ; 2003, 2857 ; 2005, 1632 , 1633 ;

2009, 1909 , 1911 , 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 489.391

NRS

489.391

Grounds for disciplinary action: Failure to establish place of business; conducting business from unauthorized location; insolvency; furnishing false information; failure to prove employment or good character; other conduct; obtaining contents of examination.

The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381 :

Except for a salesperson, failure of the applicant to have an established place of business or conducting business from a location that is not authorized by the Division.
Financial insolvency of the applicant or licensee.
Material misstatement in the application or otherwise furnishing false information to the Division.
Failure of a salesperson or applicant for licensing as a salesperson to establish by proof satisfactory to the Division that he or she is employed by a licensed dealer.
Failure of an applicant for a license to provide proof satisfactory to the Division of the applicants good character and reputation and fitness to engage in the activities for which the license is sought.
Any conduct before licensing which was in fact unknown to the Division and would have been grounds for denial of a license had the Division been aware of the conduct.
Obtaining or disclosing the contents of an examination given by the Division.

(Added to NRS by 1979, 1205 ; A 1983, 787 ; 1997, 96 ; 2005, 1636 )

NRS 489.564

NRS

489.564

Certificate of title in beneficiary form: Request; application; fee; restriction upon issuance; contents; signatures and transactions; duties of Division.

The owner or joint owners of a manufactured home, mobile home or commercial coach may request the Division to issue a certificate of title in beneficiary form for the manufactured home, mobile home or commercial coach, as applicable, which includes a directive to the Division to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of title.
A request made pursuant to subsection 1 must be submitted on an application made available by the Division and must:

(a) Contain a notarized signature of the owner or each joint owner; and

(b) Be accompanied by the fee for the issuance of a certificate of title.

A certificate of title in beneficiary form may not be issued to a person who holds an interest in a manufactured home, mobile home or commercial coach as a tenant in common with another person.
A certificate of title in beneficiary form must include after the name of the owner or after the names of joint owners the words transfer on death to or the abbreviation TOD followed by the name of the beneficiary.
During the lifetime of a sole owner or before the death of the last surviving joint owner:

(a) The signature or consent of the beneficiary is not required for any transaction relating to a manufactured home, mobile home or commercial coach for which a certificate of title in beneficiary form has been issued; and

(b) The certificate of title in beneficiary form may be revoked or the beneficiary changed at any time by:

(1) Sale of the manufactured home, mobile home or commercial coach with proper assignment and delivery of the certificate of title to another person; or

(2) Filing an application with, and paying a fee to, the Division to reissue the certificate of title with no designation of a beneficiary or with the designation of a different beneficiary.

The interest of the beneficiary in a manufactured home, mobile home or commercial coach on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the manufactured home, mobile home or commercial coach were subject during their lifetime.
Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of title in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changed or revoked.
The Division shall, upon:

(a) Proof of death of one of the owners, of two or more joint owners or of a sole owner; and

(b) Payment of the fee for a certificate of title,

Ê issue a new certificate of title for the manufactured home, mobile home or commercial coach to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.

For the purposes of complying with the provisions of subsection 8, the Division may rely on a death certificate, record or report that constitutes prima facie evidence of death.
The transfer on death of a manufactured home, mobile home or commercial coach pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.
As used in this section:

(a) Beneficiary means a person or persons designated to become the owner or owners of a manufactured home, mobile home or commercial coach on the death of the preceding owner or owners.

(b) Certificate of title in beneficiary form means a certificate of title of a manufactured home, mobile home or commercial coach that indicates the present owner or owners of the manufactured home, mobile home or commercial coach and designates a beneficiary.

(Added to NRS by 2019, 2423 ; A 2023, 32 )

NRS 489.621

NRS

489.621

Application; fee and required proof; expiration; use.

Except as otherwise provided in NRS 489.611 , any person who moves a manufactured home, mobile home or commercial coach upon any highway or road in this state shall, before that movement, apply to the county assessor for a trip permit. The assessor of the county from which the manufactured home, mobile home or commercial coach is to be moved shall issue a trip permit for each section of the manufactured home, mobile home or commercial coach upon application presented in the form prescribed by the Division, payment of a fee of $5 for each permit, and proof satisfactory to the assessor of ownership and that all property taxes, for the full year in which the permit is to be used, and use taxes if applicable, levied against the manufactured home, mobile home or commercial coach and its contents have been paid.
The trip permit authorizes movement over the highways and roads for not more than 5 consecutive working days following the date of issuance and the application and permit respectively must be used in lieu only of any certificate of registration and vehicle license number plate required by law.

(Added to NRS by 1979, 1213 ; A 1981, 1193 ; 1983, 794 ; 1989, 1832 )

NRS 490.068

NRS

490.068

Election of officers; Commission authorized to award grants of money from Account; duties of Commission relating to Account; report to Legislature.

The Commission shall:

(a) Elect a Chair and Vice Chair from among its members.

(b) Meet at the call of the Chair.

(d) Provide direction to the Off-Highway Vehicles Program created by NRS 232.1585 .

(e) Perform the duties assigned to the Commission set forth in NRS 490.083 and 490.084 .

A majority of the voting members of the Commission constitutes a quorum for the transaction of business, and a majority vote of those members present at any meeting is sufficient for any official action taken by the Commission.
The Commission may award a grant of money from the Account for Off-Highway Vehicles created by NRS 490.069 . Any such grant must comply with the requirements set forth in NRS 490.069 . The Commission shall:

(a) Adopt regulations setting forth who may apply for a grant of money from the Account for Off-Highway Vehicles and the manner in which such an applicant may submit the application to the Commission. The regulations adopted pursuant to this paragraph must include, without limitation, requirements that:

(1) Any applicant requesting a grant provide proof satisfactory to the Commission that the appropriate federal, state or local governmental agency has been consulted regarding the nature of the project to be funded by the grant and regarding the area affected by the project;

(2) The application for the grant address all applicable laws and regulations, including, without limitation, those concerning:

(I) Threatened and endangered species in the area affected by the project;

(II) Ecological, cultural and archaeological sites in the area affected by the project; and

(III) Existing land use authorizations and prohibitions, land use plans, special designations and local ordinances for the area affected by the project; and

(3) Any compliance information provided by an appropriate federal, state or local governmental agency, and any information or advice provided by any agency, group or individual be submitted with the application for the grant.

(b) Adopt regulations for awarding grants from the Account, including, without limitation, developing criteria:

(1) That promote projects which integrate multiple grant categories;

(2) That encourage a distribution of grants among all grant categories; and

(3) For the determination of acceptable performance of work on a project for which a grant is awarded.

The Commission may solicit input regarding applications for grants from a technical advisory committee formed pursuant to NRS 232.1585 .
For each regular session of the Legislature, the Chair of the Commission shall review the comprehensive report prepared pursuant to NRS 232.1585 . Upon approval of the report by the Chair of the Commission, the report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

(Added to NRS by 2009, 3084 ; A 2011, 292 ; 2013, 123 , 2761 ;

2017, 3322 )

NRS 490.082

NRS

490.082

When owner authorized or required to apply for certificate of title and registration; exemption from registration; expiration, reinstatement and renewal of registration; duplicate certificate of title or registration; inapplicability to nonresident. [Effective until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to carry out the provisions of chapter 442,

Statutes of Nevada 2023, at page 2723

An owner of an off-highway vehicle that is acquired:

(a) Before July 1, 2011:

(1) May apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

(2) Except as otherwise provided in subsection 3, shall, within 1 year after July 1, 2011, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.

(b) On or after July 1, 2011, shall, within 30 days after acquiring ownership of the off-highway vehicle:

(1) Apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

(2) Except as otherwise provided in subsection 3, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle pursuant to this section or NRS 490.0825 .

If an owner of an off-highway vehicle applies to the Department or to an authorized dealer for:

(a) A certificate of title for the off-highway vehicle, the owner shall submit to the Department or to the authorized dealer proof prescribed by the Department that he or she is the owner of the off-highway vehicle.

(b) Except as otherwise provided in NRS 490.0825 , the registration of the off-highway vehicle, the owner shall submit:

(1) If ownership of the off-highway vehicle was obtained before July 1, 2011, proof prescribed by the Department:

(I) That he or she is the owner of the off-highway vehicle; and

(II) Of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle; or

(2) If ownership of the off-highway vehicle was obtained on or after July 1, 2011:

(I) Evidence satisfactory to the Department that he or she has paid all taxes applicable in this State relating to the purchase of the off-highway vehicle, or submit an affidavit indicating that he or she purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle; and

(II) Proof prescribed by the Department that he or she is the owner of the off-highway vehicle and of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.

Registration of an off-highway vehicle is not required if the off-highway vehicle:

(a) Is owned and operated by:

(1) A federal agency;

(2) An agency of this State; or

(3) A county, incorporated city or unincorporated town in this State;

(b) Is part of the inventory of a dealer of off-highway vehicles and is affixed with a special plate provided to the off-highway vehicle dealer pursuant to NRS 490.0827 ;

(d) Is used solely for husbandry on private land or on public land that is leased to or used under a permit issued to the owner or operator of the off-highway vehicle;

(e) Is used for work conducted by or at the direction of a public or private utility;

(f) Was manufactured before January 1, 1976;

(g) Is operated solely in an organized race, festival or other event that is conducted:

(1) Under the auspices of a sanctioning body; or

(2) By permit issued by a governmental entity having jurisdiction;

(h) Except as otherwise provided in paragraph (d), is operated or stored on private land or on public land that is leased to the owner or operator of the off-highway vehicle, including when operated in an organized race, festival or other event;

(i) Is used in a search and rescue operation conducted by a governmental entity having jurisdiction; or

(j) Has a displacement of not more than 70 cubic centimeters.

Ê As used in this subsection, sanctioning body means an organization that establishes a schedule of racing events, grants rights to conduct those events and establishes and administers rules and regulations governing the persons who conduct or participate in those events.

The registration of an off-highway vehicle pursuant to this section or NRS 490.0825 expires 1 year after its issuance. If an owner of an off-highway vehicle fails to renew the registration of the off-highway vehicle before it expires, the registration may be reinstated upon the payment to the Department of the annual renewal fee, a late fee of $10 and, if applicable, proof of insurance required pursuant to NRS 490.0825 . Any late fee collected by the Department must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085 .
If a certificate of title or registration for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may apply to the Department by mail, or to an authorized dealer, for a duplicate certificate of title or registration. The Department may collect a fee to replace a certificate of title or registration certificate, sticker or decal that is lost, damaged or destroyed. Any such fee collected by the Department must be:

(a) Set forth by the Department by regulation; and

(b) Deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085 .

The provisions of subsections 1 to 5, inclusive, do not apply to an owner of an off-highway vehicle who is not a resident of this State.

(Added to NRS by 2009, 3079 ; A 2011, 292 , 811 ;

2013, 706 , 2868 ;

2017, 3324 )

NRS

490.082

When owner authorized or required to apply for certificate of title and registration; exemption from registration; expiration, reinstatement and renewal of registration; duplicate certificate of title or registration; inapplicability to nonresident. [Effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to carry out the provisions of chapter 442,

Statutes of Nevada 2023, at page 2723

An owner of an off-highway vehicle that is acquired:

(a) Before July 1, 2011:

(1) May apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

(b) On or after July 1, 2011, shall, within 30 days after acquiring ownership of the off-highway vehicle:

(1) Apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

If an owner of an off-highway vehicle applies to the Department or to an authorized dealer for:

(b) Except as otherwise provided in NRS 490.0825 , the registration of the off-highway vehicle, the owner shall submit:

(1) If ownership of the off-highway vehicle was obtained before July 1, 2011, proof prescribed by the Department:

(I) That he or she is the owner of the off-highway vehicle; and

(II) Of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle; or

(2) If ownership of the off-highway vehicle was obtained on or after July 1, 2011:

Registration of an off-highway vehicle is not required if the off-highway vehicle:

(a) Is owned and operated by:

(1) A federal agency;

(2) An agency of this State; or

(3) A county, incorporated city or unincorporated town in this State;

(b) Is part of the inventory of a dealer of off-highway vehicles and is affixed with a special plate provided to the off-highway vehicle dealer pursuant to NRS 490.0827 ;

(1) Located in this State for not more than 15 days; and

(2) Registered or certified in another state that allows off-highway vehicles that are registered in this State to operate within the boundaries of that state without being registered or certified for not less than 15 days;

(d) Is used solely for husbandry on private land or on public land that is leased to or used under a permit issued to the owner or operator of the off-highway vehicle;

(e) Is used for work conducted by or at the direction of a public or private utility;

(f) Was manufactured before January 1, 1976;

(g) Is operated solely in an organized race, festival or other event that is conducted:

(1) Under the auspices of a sanctioning body; or

(2) By permit issued by a governmental entity having jurisdiction;

(i) Is used in a search and rescue operation conducted by a governmental entity having jurisdiction; or

(j) Has a displacement of not more than 70 cubic centimeters.

At the time of the registration or renewal of registration of an off-highway vehicle pursuant to this section or NRS 490.0825 , the owner of the off-highway vehicle may register the off-highway vehicle for a 1-year or 3-year period. If an owner of an off-highway vehicle fails to renew the registration of the off-highway vehicle before it expires, the registration may be reinstated upon the payment to the Department of the annual or triennial renewal fee, a late fee of $10 and, if applicable, proof of insurance required pursuant to NRS 490.0825 . Any late fee collected by the Department must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085 .
If a certificate of title or registration for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may apply to the Department by mail, or to an authorized dealer, for a duplicate certificate of title or registration. The Department may collect a fee to replace a certificate of title or registration certificate, sticker or decal that is lost, damaged or destroyed. Any such fee collected by the Department must be:

(a) Set forth by the Department by regulation; and

(b) Deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085 .

The provisions of subsections 1 to 5, inclusive, do not apply to an owner of an off-highway vehicle who is not a resident of this State.

(Added to NRS by 2009, 3079 ; A 2011, 292 , 811 ;

2013, 706 , 2868 ;

2017, 3324 ; 2023, 2724 , effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to carry out the provisions of chapter 442, Statutes of Nevada 2023, at page 2723 )

NRS 490.0825

NRS

490.0825

Large all-terrain vehicle: Alternative registration; requirement for insurance; documents required.

Upon the request of an owner of a large all-terrain vehicle, the Department shall register the large all-terrain vehicle to operate on the roads specified in NRS 490.105 .
The owner of a large all-terrain vehicle wishing to apply for registration or renewal of registration pursuant to this section must obtain and maintain insurance on the vehicle that meets the requirements of NRS 485.185 .
If an owner of a large all-terrain vehicle applies to the Department for the registration of the vehicle pursuant to this section, the owner shall submit to the Department:

(a) The information required for registration pursuant to NRS 490.082 ;

(b) The fee for registration required pursuant to

NRS 490.084 ;

(c) Proof satisfactory to the Department that the applicant carries insurance on the vehicle provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State which meets the requirements of NRS 485.185 ; and

(d) A declaration signed by the applicant that he or she will maintain the insurance required by this section during the period of registration.

(Added to NRS by 2013, 704 )

NRS 490.200

NRS

490.200

Licenses and permits required; off-highway vehicle dealer to submit proof of authorization to sell from manufacturer; license does not extend to motor vehicles or trailers; Department to investigate applicant; penalties for violations.

Except as otherwise provided in subsection 2, a person shall not engage in the activities of a new off-highway vehicle dealer, used off-highway vehicle dealer, long-term or short-term lessor or manufacturer in this State until the person has been issued:

(a) A license or permit to act as a new off-highway vehicle dealer, used off-highway vehicle dealer, long-term or short-term lessor or manufacturer, or a similar license or permit, by every city within whose corporate limits the person maintains an established place of business and by every county in which the person maintains an established place of business outside the corporate limits of a city; and

(b) A license by the Department. The Department shall not issue a license to the person until the person has been issued all licenses and permits required by paragraph (a).

A person licensed as an off-highway vehicle dealer pursuant to this chapter shall not engage in the activities of a new off-highway vehicle dealer until the person has provided the Department with satisfactory proof that he or she is authorized by a manufacturer to display and offer for sale the off-highway vehicles produced or distributed by that manufacturer.
A license for an off-highway vehicle dealer or manufacturer issued pursuant to this chapter does not permit a person to engage in the business of buying, selling or leasing or manufacturing motor vehicles or trailers governed pursuant to the laws and regulations established in chapter 482 of NRS.
The Department shall investigate any applicant for a license as an off-highway vehicle dealer, long-term or short-term lessor or manufacturer and shall complete an investigation report on a form provided by the Department.
A person who violates subsection 1 or 2 is guilty of:

(a) For a first offense, a misdemeanor.

(b) For a second offense, a gross misdemeanor.

(Added to NRS by 2009, 3089 ; A 2011, 292 )

NRS 490.210

NRS

490.210

Application for license; fees; issuance of license; 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.]

An application for a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer must be filed upon forms supplied by the Department and include the social security number of the applicant. The forms must designate the persons whose names are required to appear thereon. The applicant must furnish:

(a) Such proof as the Department may deem necessary that the applicant is an off-highway vehicle dealer, long-term or short-term lessor or manufacturer.

(b) A fee of $125.

(c) Unless the applicant has previously met the requirements of subsection 3 of NRS 482.3163 , paragraphs (c) and (d) of subsection 1 of NRS 482.325 , paragraphs (d) and (e) of subsection 1 of NRS 482.333 or paragraphs (e) and (f) of subsection 1 of NRS 482.362 :

(1) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

(2) For initial licensure, a complete set of the applicants fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(d) If the applicant is a natural person, the statement required pursuant to NRS 490.330 .

(e) A certificate of insurance for liability.

Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer containing the name of the licensee and the address of his or her established place of business or the address of the main office of a manufacturer without an established place of business in this State.
Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of his or her license accompanied by an annual fee of $50. If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to NRS 490.330 . The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.

(Added to NRS by 2009, 3090 ; A 2011, 292 ; 2013, 2871 ; 2017, 960 )

NRS

490.210

Application for license; fees; issuance of license; 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.]

An application for a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer must be filed upon forms supplied by the Department. The forms must designate the persons whose names are required to appear thereon. The applicant must furnish:

(a) Such proof as the Department may deem necessary that the applicant is an off-highway vehicle dealer, long-term or short-term lessor or manufacturer.

(b) A fee of $125.

(d) A certificate of insurance for liability.

Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer containing the name of the licensee and the address of his or her established place of business or the address of the main office of a manufacturer without an established place of business in this State.
Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of his or her license accompanied by an annual fee of $50. The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.

(Added to NRS by 2009, 3090 ; A 2011, 125 , 292 ;

2013, 2871 , 3802 ;

2017, 960 , 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 493.060

NRS

493.060

Liability for damages on land or water; lien for damages.

The owner of every aircraft which is operated over the lands or waters of this state is presumed liable for injuries to persons or property on the land or water beneath, caused by the:

(a) Ascent, descent or flight of the aircraft; or

(b) Dropping or falling of any object therefrom,

Ê unless the injury is caused in whole or in part by the negligence of the person injured, or of the owner or bailee of the property injured.

If the aircraft is leased at the time of the injury to person or property, both owner and lessee are presumed to be liable and they may be sued jointly, or either or both of them may be sued separately.
The presumption of liability of the owner, or of the owner and lessee, may be rebutted by proof that the injury was not caused by negligence of the owner or lessee, or of any person operating the aircraft with the permission of the owner, lessee or any person maintaining or repairing the aircraft with the permission of the owner or lessee.
An operator who is not the owner or lessee is liable only for the consequences of his or her own negligence.
The injured person, or the owner or bailee of the injured property, has a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or objects falling from it.
A chattel mortgagee, conditional vendor or trustee under an equipment trust, of any aircraft, not in possession of the aircraft is deemed not an owner within the provisions of this section.

[5:66:1923; A 1947, 470 ; 1943 NCL § 279]—(NRS A 1991, 253 )

NRS 495.130

NRS

495.130

Appointment of commissioners; vacancies.

The defendants to the petition may appear and show cause against the petition, on or before the time for the hearing thereof, or at such other time to which the hearing may be continued.
Upon satisfactory proof being made that the defendants have been duly notified of the pendency of the petition, as prescribed in NRS 495.120 , and upon the hearing of the allegations and proofs of the parties, if the court shall be satisfied that the lands, or any part thereof, are necessary or proper for any of the purposes mentioned in the petition, the court shall appoint three competent and disinterested persons as commissioners.
One of the commissioners shall be selected from among the persons, if any, named for that purpose by the corporation, and one shall be selected from among the persons, if any, named on the part of any of the defendants, to ascertain and assess the compensation to be paid to any person or persons having or holding any right, title or interest in or to each of the tracts of land, for and in consideration of the appropriation of such land to the use of the corporation.
If any vacancy occurs among the commissioners, by reason of any one or more of them refusing or neglecting to act, or by any other means, one or more commissioners may be appointed by the court to fill the vacancy, upon notice being given of the vacancy, as the court may direct.

[28:146:1865; B § 3453; BH § 862; C § 999; RL § 3539; NCL § 6263]

NRS 495.150

NRS

495.150

Hearing; assessment of compensation; reports; adverse claims.

The commissioners shall:

(a) Proceed to view the several tracts of land as ordered by the court.

(b) Hear the allegations and proofs of the parties.

(c) Ascertain and assess the compensations for the land sought to be appropriated, to be paid by the corporation to the person or persons having or holding any right, title or interest in or to each of the several tracts of land.

In ascertaining and assessing compensation, the commissioners shall take into consideration and make allowance for any benefit or advantages that in their opinion will accrue to such person or persons by reason of the construction of the landing places, terminals, air navigation facilities and aerial rights-of-way by the corporation.
If the corporation shall, in its petition filed in the special proceedings, offer or agree to make good and sufficient fences on the landing places, terminals, air navigation facilities, and aerial rights-of-way, or any portion thereof, at such places and times as the same may be necessary, no sum of money or price for such fences shall be included in the compensation or damages to be awarded by the commissioners; but the corporation shall not be required to construct fences on the landing places, terminals, air navigation facilities and aerial rights-of-way where the same passes through unenclosed tracts of land, nor until enclosure shall be made abutting upon the property of the corporation.
The commissioners shall, on or before the time or times as ordered by the court, file in the clerks office their report, signed by them, setting forth their proceedings in the premises, and they may include all of the tracts in one report, or they may make several reports, including one or more of the tracts of land, if the court shall so order, or if they shall deem it proper.
In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title or interest therein, thus sought to be appropriated, the parties thus asserting such claims shall present the same, by petition, to the court after the report of the commissioners shall have been filed, and the court shall proceed to hear and determine the same. In such case, the corporation may pay the amount of such compensation to the clerk of the court, to abide the order of the court in the proceeding, and the corporation shall not be liable for any of the costs caused by the adjudication of such conflicting claims.

[30:146:1865; B § 3455; BH § 864; C § 1001; RL § 3541; NCL § 6265]

NRS 495.210

NRS

495.210

Payment or tender of compensation.

Within 30 days after the final confirmation of the report, the corporation shall, as ordered by the court, pay or tender the sum of money ascertained and assessed by the commissioners as compensation for each tract of land described in the report.
The payment or tender may be made:

(a) To the person or persons owning the tract of land, or having or holding any right, title or interest therein, according to the amount or extent of the right, title or interest owned or held therein by such person or persons; or

(b) To the clerk for such persons, and the same shall be deemed and taken as a payment to such person or persons, and shall be as effectual for all purposes whatsoever as if the sum of money had been personally paid to each and all of the persons entitled thereto.

The court shall, at the time of the payment of the sum of money to the clerk, or at such other time or times as may be ordered, direct and order the same to be paid over to the person or persons who shall, upon satisfactory proof, appear to be entitled thereto.

[36:146:1865; B § 3461; BH § 870; C § 1007; RL § 3547; NCL § 6271] + [37:146:1865; B § 3462; BH § 871; C § 1008; RL § 3548; NCL § 6272]

NRS 498.060

NRS

498.060

Certain persons presumed to be student skydivers.

For the purposes of NRS 498.010 to 498.110 , inclusive, a person who has not previously jumped with a skydiving business shall be deemed to be a student skydiver unless that person produces documented proof to the operator of the skydiving business that the person has previously skydived.

(Added to NRS by 1999, 1054 )

DUTIES OF OPERATORS

NRS 50.205

NRS

50.205

Warrant for arrest of witness failing to attend; appointment of attorney; appearance before court or officer; exceptions for witness who is victim of domestic violence or sexual assault.

In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court or officer where the attendance of the witness was required.
Upon the arrest of a witness pursuant to subsection 1, the court or officer issuing the warrant shall appoint an attorney to represent the witness and provide the attorney:

(a) With the last known contact information of the witness; and

(b) Notice of every proceeding.

Except as otherwise provided in subsection 4, every witness detained pursuant to a warrant issued pursuant to this section must be brought before the court or officer as soon as practicable but not later than 72 hours after the beginning of the detention. The court or officer shall consider the least restrictive means to secure the presence of the witness and make a determination whether the detention of the witness should continue. If the court determines that the detention of the witness should continue, the court must make written findings stating why detention should continue.
A person detained as a witness pursuant to this section who is a victim of domestic violence or sexual assault:

(a) Must be brought before the court or officer as soon as practicable but not later than 24 hours after the beginning of the detention;

(b) May be detained or continue detention pursuant to a determination by telephone; and

(c) To the extent practicable, must have the attorney appointed pursuant to subsection 2 participate in any determination pursuant to this section.

The court or officer shall:

(a) Set a schedule for the periodic review of whether detention should continue; and

(b) Schedule the case in which the witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.

As used in this section:

(a) Domestic violence means the commission of any act described in NRS 33.018 .

(b) Sexual assault has the meaning ascribed to it in NRS 49.2543 .

(Added to NRS by 1971, 791 ; A 2019, 2270 )

NRS 50.225

NRS

50.225

Fees and expenses of witnesses.

For attending the courts of this State in any criminal case, civil suit, hearing to contest the determination that a person has committed a civil infraction or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpoena, each witness is entitled:

(a) To be paid a fee of $25 for each days attendance, including Sundays and holidays.

(b) Except as otherwise provided in this paragraph, to be paid for attending a court of the county in which the witness resides at the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled to attend a court of the county in which the witness resides, each witness is entitled to be paid an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is entitled to receive the payment for mileage specified in this paragraph must be paid mileage in an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally.

In addition to the fee and payment for mileage specified in subsection 1, a board of county commissioners may provide that, for each day of attendance in a court of the county in which the witness resides, each witness is entitled to be paid the per diem allowance provided for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is a resident of that county and who is entitled to receive the fee specified in paragraph (a) of subsection 1 must be paid, in addition to that fee, the per diem allowance provided for state officers and employees generally.
If a witness is from without the county or, being a resident of another state, voluntarily appears as a witness at the request of the Attorney General or the district attorney and the board of county commissioners of the county in which the court is held, the witness is entitled to reimbursement for the actual and necessary expenses for going to and returning from the place where the court is held. The witness is also entitled to receive the same per diem allowance provided for state officers and employees generally.
Any person in attendance at a trial or hearing to contest the determination that a person has committed a civil infraction who is sworn as a witness is entitled to the fees, the per diem allowance, if any, travel expenses and any other reimbursement set forth in this section, irrespective of the service of a subpoena.
Witness fees, per diem allowances, travel expenses and other reimbursement in civil cases, including, without limitation, a hearing to contest the determination that a person has committed a civil infraction, must be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs must not be allowed for more than two witnesses to the same fact or series of facts, and a party plaintiff or defendant must not be allowed any fees, per diem allowance, travel expenses or other reimbursement for attendance as a witness in his or her own behalf. Witness fees, per diem allowances, travel expenses and other reimbursement must not be taxed against a county or incorporated city after a hearing to contest the determination that a person has committed a civil infraction unless the court determines, after a hearing, that the civil infraction citation was issued maliciously and without probable cause.
A person is not obligated to appear in a civil action, hearing to contest the determination that a person has committed a civil infraction or other proceeding unless the person has been paid an amount equal to 1 days fees, the per diem allowance provided by the board of county commissioners pursuant to subsection 2, if any, and the travel expenses reimbursable pursuant to this section.

(Added to NRS by 1971, 792 ; A 1975, 1422 ; 1977, 776 ; 1981, 367 ; 1987, 549 ; 1993, 920 ; 1995, 105 ; 2007, 582 , 597 ;

2021, 3351 )

NRS 501.1816

NRS

501.1816

System of assessing demerit points for wildlife convictions: Reduction of accumulated points; suspension or revocation of licenses, permits or privileges.

If a person accumulates 9 or more demerit points, but less than 12, the Department shall notify the person of that fact by certified mail. If, after the Department mails the notice, the person presents proof to the Department that he or she has, after his or her most recent wildlife conviction, successfully completed a course of instruction in the responsibilities of hunters approved by the Department, the Department shall deduct 4 demerit points from the persons record. A person may attend a course of instruction in the responsibilities of hunters only once in 60 months for the purpose of reducing his or her demerit points.
If a person accumulates 12 or more demerit points before completing a course of instruction pursuant to subsection 1, the Department shall suspend or revoke any license, permit or privilege issued to the person pursuant to this title.
Not later than 60 days after the Department determines that a person has accumulated 12 demerit points, the Department shall notify the person by certified mail that the persons privileges will be suspended or revoked. Except as otherwise provided in subsection 4, the Department shall suspend or revoke those privileges 30 days after it mails the notice.
Any person who receives the notice required by subsection 3 may submit to the Department a written request for a hearing before the Commission not later than 30 days after the receipt of the notice. If a written request for a hearing is received by the Department:

(a) The suspension or revocation of the license, permit or privilege is stayed until a determination is made by the Commission after the hearing.

(b) The hearing must be held within 60 days after the request is received.

The periods of suspension or revocation imposed pursuant to this section must run concurrently. Except as otherwise provided in this subsection, no license, permit or privilege may be suspended or revoked pursuant to this section for more than 3 years. The license, permit or privilege of a person who is convicted pursuant to NRS 501.376 of:

(a) A gross misdemeanor may not be suspended or revoked for more than 5 years;

(b) Except as otherwise provided in paragraph (c), a felony may not be suspended or revoked for more than 10 years; or

If the Department suspends or revokes a license, permit or privilege pursuant to this section, the period of suspension or revocation begins 30 days after notification pursuant to subsection 3 or a determination is made by the Commission pursuant to subsection 4. After a persons license, permit or privilege is suspended or revoked pursuant to this section, all demerit points accumulated by that person must be cancelled.

(Added to NRS by 1995, 897 ; A 1997, 1026 ; 1999, 1044 ; 2003, 1523 ; 2005, 1308 ; 2009, 2645 )

NRS 502.030

NRS

502.030

Licenses and permits: Form and contents; regulations.

Licenses or permits granting the privilege to hunt, fish or trap as provided in this title must be of such a form as is deemed necessary by the Department, but must include the following information:

(a) The holders name, address and description.

(b) The date issued.

(d) The correct designation as to whether a fishing, hunting or trapping license or permit.

(e) A statement acknowledged by the holder at the time of application: I, the holder of this license or permit, hereby state that I am entitled to this license or permit under the laws of the State of Nevada and that no false statement has been made by me to obtain this license or permit.

The Commission may provide rules and regulations requiring an applicant to exhibit proof of the applicants identity and residence. Such information must be included on the license or permit as is deemed necessary by the Department.
The Commission may provide rules and regulations establishing a permanent licensing or permitting system. Such a system may authorize the use of applications for the issuance of temporary hunting, fishing and trapping licenses or permits for residents and the issuance of annual licenses or permits therefrom. The system may provide for the automatic renewal and validation of the annual license or permit.
The Commission may adopt regulations setting forth the method of applying for, the term and expiration date of any license or permit required by this title to be issued without the payment of a fee.

[Part 49:101:1947; A 1951, 507 ; 1953, 667 ] + [Part 53:101:1947; 1943 NCL § 3035.53]—(NRS A 1959, 89 ; 1969, 1351 ; 1973, 670 ; 1975, 658 ; 1993, 1661 ; 2001, 974 ; 2003, 1530 ; 2007, 1800 ; 2017, 3629 )

NRS 502.040

NRS

502.040

License agents: Regulations; duties; fees; inspections.

The Commission shall adopt regulations establishing:

(a) The procedures for applying to become a license agent.

(b) The standards to be met by license agents in the performance of their duties.

(d) The manner of remitting money to the Department.

(e) The manner of accounting for licenses, tags, stamps, permits and other documents received, issued, sold or returned.

Ê A license agents authority may be revoked by the Department for the agents failure to abide by the regulations of the Commission. The agent may appeal to the Commission for reinstatement.

An application to become a license agent must be accompanied by a fee of $100 for processing the application.
A license agent designated by the Department is responsible for the correct issuance of all licenses, tags, stamps, permits and other documents entrusted to the agent and, so far as the agent is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself or herself of the identity of the applicant and the place of the applicants residence, and may require any applicant to present proof of the applicants identity and residence.
A license agent is responsible to the Department for the collection of the correct and required fee, for the safeguarding of the money collected by the agent and for the prompt remission to the Department for deposit in accordance with NRS 501.356 of all money collected. The Department shall furnish to the license agent receipts for all money which the agent remits to it. A license agent shall furnish a receipt to the Department of all licenses, tags, stamps, permits and other documents which the agent receives from it.
For each license, tag, stamp, permit or other document a license agent sells, and each apprentice hunting license the agent issues pursuant to NRS 502.066 , the license agent is entitled to receive a service fee of:

(a) One dollar for each license, tag, permit or other document, in addition to the fee for the license, tag, permit or other document; and

(b) Ten cents for each stamp.

Any person authorized to enforce this chapter may inspect, during the license agents normal business hours, any record or document of the agent relating to the issuance of any such license, stamp, tag, permit or other document.
All money collected by a license agent, except service fees collected pursuant to subsection 5, is public money of the State of Nevada, and the State has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public money and punishable under the laws provided.

[Part 49:101:1947; A 1951, 507 ; 1953, 667 ]—(NRS A 1965, 217 ; 1969, 1351 ; 1971, 940 ; 1975, 912 ; 1979, 899 ; 1985, 1704 ; 1987, 1448 ; 1989, 1075 , 1778 ;

1991, 489 , 1572 ;

1993, 1661 ; 1995, 240 ; 2001, 974 ; 2003, 1531 , 2540 ;

2009, 2060 )

NRS 502.070

NRS

502.070

Issuance of licenses and tags to members of Armed Forces assigned to permanent duty in Nevada and their dependents.

The Department shall issue to any member of the Armed Forces of the United States who has been assigned to permanent duty, as opposed to temporary or casual duty, within the State of Nevada all necessary hunting or fishing licenses, tags or permits for fishing, hunting or trapping in the State of Nevada. A like privilege must be extended to spouses and dependents, under the age of 21, of such members of the Armed Forces. All such licenses, tags or permits must be issued on the same terms and conditions and at the same costs as licenses, tags or permits are issued to Nevada residents, except that the 6 months residence requirement must be waived.
The issuance of all such licenses, tags and permits must be made by application upon a form provided for that purpose by the Department. The application must include such proof of assignment to permanent duty within the State of Nevada as may be deemed necessary by the Department to determine whether or not an applicant is actually so assigned.

[1:207:1955] + [2:207:1955] + [3:207:1955]—(NRS A 1957, 703 ; 1969, 1352 ; 1973, 670 ; 1993, 1662 ; 2003, 1532 )

NRS 502.072

NRS

502.072

Issuance of licenses to certain veterans with disabilities.

The Department shall issue any license authorized under the provisions of this chapter, upon payment of the applicable fee pursuant to NRS 502.240 and satisfactory proof, subject to the provisions of NRS 417.0187 , of the requisite facts to any bona fide resident of the State of Nevada who has incurred a service-connected disability which is considered to be 50 percent or more by the Department of Veterans Affairs and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States.

(Added to NRS by 1975, 1176 ; A 1979, 677 ; 1993, 1663 ; 1995, 1092 ; 2003, 1532 ; 2017, 1136 , 3631 )

NRS 502.240

NRS

502.240

Fees for licenses and permits.

The Department shall issue:

(a) Resident licenses and limited permits pursuant to this section to any person who is a resident of this State pursuant to NRS 502.015 .

(b) Nonresident licenses and limited permits pursuant to this section to any person who does not qualify as a resident of this State pursuant to NRS 502.015 .

Except as otherwise provided in NRS 504.390 , the Department shall issue a license or permit to any person who is 18 years or older upon the payment of the following fee for:

A resident annual fishing license......................................................................... $40

A resident 1-day permit to fish................................................................................. 9

Each consecutive day added to a resident 1-day permit to fish.......................... 3

A resident annual hunting license.......................................................................... 38

A resident annual combination hunting and fishing license.............................. 75

A resident trapping license...................................................................................... 40

A resident fur dealers license................................................................................ 63

A resident master guides license........................................................................ 750

A resident subguides license............................................................................... 125

A nonresident annual fishing license..................................................................... 80

A nonresident annual license to fish solely in the reciprocal waters of the Colorado River, Lake Mead, Lake Mojave, Lake Tahoe and Topaz Lake............................................................ 30

A nonresident 1-day permit to fish........................................................................ 18

Each consecutive day added to a nonresident 1-day permit to fish.................... 7

A nonresident annual combination hunting and fishing license..................... 155

A nonresident trapping license............................................................................. 188

A nonresident fur dealers license....................................................................... 125

A nonresident master guides license.............................................................. 1,500

A nonresident subguides license........................................................................ 250

A nonresident 1-day combination permit to fish and hunt upland game birds and migratory game birds....... 23

Each consecutive day added to a nonresident 1-day combination permit to fish and hunt upland game birds and migratory game birds........................................................................................... 8

The Department shall issue a license to any person who is at least 12 years of age but less than 18 years of age upon payment of the following fee for:

A resident youth combination hunting and fishing license............................. $15

A resident youth trapping license........................................................................... 15

A nonresident youth combination hunting and fishing license......................... 15

Except as otherwise provided in subsection 5, the Department shall issue an annual resident specialty combination hunting and fishing license pursuant to this chapter upon satisfactory proof of the requisite facts and the payment of a fee of $15 to:

(a) Any person who has been considered to be a resident of this State pursuant to NRS 502.015 immediately preceding the date of application for the license and is 65 years of age or older.

(b) Any person who is a resident of this State pursuant to NRS 502.015 and who has a severe physical disability.

(c) Any person who is a resident of this State pursuant to NRS 502.015 and who has incurred a service-connected disability specified in NRS 502.072 .

The Department shall issue an annual resident specialty combination hunting and fishing license pursuant to this chapter upon satisfactory proof of the requisite facts and the payment of a fee of $10 to any resident Native American of this State pursuant to NRS 502.280 .
The Department shall issue to any person, without regard to residence, upon the payment of a fee of:

For a noncommercial license for the possession of live wildlife................... $15

For a commercial or private shooting preserve................................................. 125

For a commercial license for the possession of live wildlife.......................... 500

For a live bait dealers permit................................................................................. 44

For a competitive field trials permit...................................................................... 31

For a permit to train dogs or falcons..................................................................... 15

For a 1-year falconry license.................................................................................. 38

For a 3-year falconry license.................................................................................. 94

For an importation permit........................................................................................ 15

For an import eligibility permit.............................................................................. 31

For an exportation permit........................................................................................ 15

For any other special permit issued by the Department, a fee not to exceed the highest fee established for any other special permit set by the Commission.

As used in this section, severe physical disability means a physical disability which materially limits a persons ability to engage in gainful employment.

[Part 50:101:1947; A 1949, 292 ; 1951, 395 ; 1953, 667 ; 1955, 602 ]—(NRS A 1957, 536 ; 1965, 1442 ; 1967, 134 ; 1969, 1148 ; 1971, 1540 ; 1973, 364 , 725 ;

1975, 1174 ; 1977, 1091 ; 1979, 923 , 1359 ;

1981, 355 ; 1985, 1705 ; 1987, 561 , 1450 ;

1989, 1477 , 1779 ;

1991, 1573 ; 1993, 1666 ; 1995, 1092 , 1930 ;

2003, 1539 , 2545 ;

2007, 1800 ; 2011, 602 ; 2017, 3633 ; 2021, 1758 )

NRS 502.290

NRS

502.290

Residents of Nevada in Armed Forces not stationed in Nevada: Issuance of specialty combination fishing and hunting license; proof of eligibility; penalty for giving false information.

The Commission is authorized to issue to those persons serving in the Armed Forces of the United States who are bona fide residents of the State of Nevada a specialty combination fishing and hunting license, provided those persons requesting the licenses are at the time on active duty in the Armed Forces of the United States and are not stationed in the State of Nevada.
The Commission may require whatever proof it deems necessary to determine whether such persons come within the provisions of this section.
Any person who is guilty of giving false information to obtain a license as provided in this section is guilty of a misdemeanor.

[1:186:1951] + [2:186:1951] + [3:186:1951]—(NRS A 1967, 598 ; 1969, 1150 ; 1985, 1707 ; 2017, 3636 )

NRS 502.400

NRS

502.400

Carson Lake Wildlife Management Area: Unlawful to hunt in Area without permit or certain documentation; fees for permits.

Except as otherwise provided in subsection 2, it is unlawful for any person to hunt in the Carson Lake Wildlife Management Area unless, at the time of entry and while hunting, the person carries upon his or her person:

(a) An unexpired permit issued for that purpose on a form specified by the Department; or

(b) Any other documentation specified by the Department as proof that the person has paid to the Department, for the period of licensing that includes the time the person is hunting, a fee that is equal to the amount of the fee required pursuant to subsection 4 for a seasonal permit or daily permit, as appropriate.

The provisions of subsection 1 do not apply to a person under 16 years of age who is accompanied by a person who is carrying upon his or her person the permit or documentation required pursuant to subsection 1.
A permit issued pursuant to subsection 1 may be sold only by the Department or a person designated by the Department.
The Department shall charge and collect the following fees for issuing a permit pursuant to subsection 1:

(a) Sixty dollars for a seasonal permit, the effective dates of which must, as determined by the Department, coincide with the license to hunt of the person purchasing the permit.

(b) Fifteen dollars for a daily permit. The Department shall not make a daily permit specified in this paragraph available for purchase before the second Monday of the open season for ducks.

The fee required pursuant to subsection 4 is in addition to any fee required for a license or permit to hunt pursuant to NRS 502.240 .

(Added to NRS by 2009, 306 )

NRS 504.165

NRS

504.165

Disbursement of money: Regulations of Commission; proof required from claimant.

The Commission shall adopt regulations governing the disbursement of money to:

(a) Prevent or mitigate damage to private property and privately maintained improvements, including, without limitation, fences;

(b) Prevent or mitigate damage to fences on public lands;

(c) Construct fences around sources of water on private lands or public lands where there has been damage to the area near such sources of water; and

(d) Compensate persons for grazing reductions and the loss of stored and standing crops,

Ê caused by elk or game mammals not native to this State.

The regulations must contain:

(a) Requirements for the eligibility of those persons claiming damage to private property, privately maintained improvements, fences on public lands or areas near sources of water on public lands to receive money or materials from the Department, including:

(1) A requirement that such a person enter into a cooperative agreement with the Director for purposes related to this title; and

(2) A requirement that if the claim is for money or materials from the Department for the construction of a fence around a source of water on private land or public land, such a person must:

(I) Conduct a physical inspection of the private land or public land upon which the fence is proposed to be constructed to determine the most effective manner in which to protect the source of water and to determine the most effective manner in which to provide access to a source of water for livestock and wildlife that is located outside the fence and within a reasonable distance from the fence;

(II) Conduct the inspection described in sub-subparagraph (I) in consultation with the persons or entities which will be directly affected by the construction of the fence, including, without limitation, an owner of the private land on which the fence is proposed to be constructed, a governmental entity that manages the public land on which the fence is proposed to be constructed, a holder of a permit to graze livestock on the public land, if applicable, and a person who holds a water right which will be directly affected by the construction of the fence; and

(III) Enter into a cooperative agreement with the persons and entities described in sub-subparagraph (II) for purposes related to the construction of the fence in accordance with the results of the inspection conducted pursuant to this subparagraph.

(b) Procedures for the formation of local panels to assess damage caused by elk or game mammals not native to this State and to determine the value of a loss claimed if the person claiming the loss and the Department do not agree on the value of the loss.

(c) Procedures for the use on private property or public lands of materials purchased by the State to prevent damage caused by elk or game mammals not native to this State.

(d) Any other regulations necessary to carry out the provisions of this section and NRS 504.155 .

The regulations must:

(a) Provide for the payment of money or other compensation to cover the costs of labor and materials necessary to:

(1) Prevent or mitigate damage to private property, privately maintained improvements and fences on public lands caused by elk or game mammals not native to this State; and

(2) Construct fences around sources of water on private or public lands if:

(I) Elk or game mammals not native to this State have caused damage to the area near such sources of water; and

(II) A source of water for livestock and wildlife is available outside such a fence and within a reasonable distance from such a fence or will be made available at such a location.

(b) Prohibit a person who has, within a particular calendar year, applied for or received a special incentive elk tag pursuant to NRS 502.142 from applying, within the same calendar year, for compensation pursuant to this section for the same private land.

Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which the claimant is seeking compensation was caused solely by elk or game mammals not native to this State.
As used in this section, public lands means all lands within the exterior boundaries of the State of Nevada except lands:

(a) To which title is held by any private person or entity;

(b) To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;

(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the Legislature;

(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

(e) Which are held in trust for Indian purposes or are Indian reservations.

(Added to NRS by 1989, 2020 ; A 1991, 269 ; 1993, 1678 ; 1997, 1380 ; 1999, 437 ; 2003, 512 , 1554 ;

2013, 1629 )

NRS 504.397

NRS

504.397

Compensation of master guide or subguide; proof of licensure; penalty.

A person shall not, directly or indirectly, knowingly compensate a person who holds himself or herself out as providing guide service or engaging in business as a master guide or subguide, or acting in any other capacity for which a master guide license or subguide license is required pursuant to NRS 504.390 , unless the person acting in that capacity provides proof that he or she is a holder of such a master guide license or subguide license to the person providing the compensation.
A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

(Added to NRS by 2009, 446 )

NRS 506.010

NRS

506.010

Enactment and text of Compact.

The Wildlife Violator Compact is hereby enacted into law and entered into with all the jurisdictions legally joining therein, in the form substantially as follows:

ARTICLE I

FINDINGS, DECLARATION OF POLICY AND PURPOSES

Section 1. Findings. The party states find that:

(a) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.

(b) The protection of their respective wildlife resources are materially affected by the degree of compliance with state statute, regulation, ordinance or administrative rule relating to the management of those resources.

(c) The preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of those natural resources.

(d) Wildlife resources are valuable without regard to political boundaries and, therefore, all persons must be required to comply with wildlife preservation, protection, management and restoration statutes, ordinances and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap or possess wildlife.

(e) The violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

(f) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.

(g) In most instances, a person who is cited for a wildlife violation in a state other than the persons home state:

(1) Must post collateral or a bond to secure his or her appearance for a trial at a later date;

(2) If unable to post collateral or a bond, is taken into custody until the collateral or bond is posted; or

(3) Is taken directly to court for an immediate appearance.

(h) The purpose of the enforcement practices described in paragraph (g) is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on his or her way after receiving the citation, could return to the persons home state and disregard his or her duty under the terms of the citation.

(i) In most instances, a person receiving a wildlife citation in the persons home state is permitted to accept the citation from the officer at the scene of the violation and continue immediately on his or her way after agreeing to comply with the terms of the citation.

(j) The practice described in paragraph (g) causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial or pay a fine and, therefore, is compelled to remain in custody until another arrangement is made.

(k) The enforcement practices described in paragraph (g) consume an undue amount of law enforcement time.

Sec. 2. Policies. The policies of the party states are to:

(a) Promote compliance with the statutes, ordinances, regulations and administrative rules relating to management of wildlife resources in their respective states.

(b) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a party state and treat the suspension as if it had occurred in their state.

(c) Allow a violator to accept a wildlife citation, except as provided in section 2 of article III, and proceed on his or her way without delay whether or not the violator is a resident in the state in which the citation was issued if the violators home state is a party to this compact.

(d) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.

(e) Allow the home state to recognize and treat convictions recorded for its residents which occurred in another party state as if they had occurred in the home state.

(f) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state.

(g) Maximize the effective use of law enforcement personnel and information.

(h) Assist court systems in the efficient disposition of wildlife violations.

Sec. 3. Purposes. The purposes of this compact are to:

(a) Provide a means by which the party states may participate in a reciprocal program to carry out the policies set forth in section 2 of this article in a uniform and orderly manner.

(b) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the persons right of due process in the sovereign status of a party state.

ARTICLE II

DEFINITIONS

Section 1. As used in this compact, unless the context otherwise requires:

(a) Citation means any summons, complaint, summons and complaint, ticket, penalty assessment or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond.

(b) Collateral means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

(c) Compliance means the act of answering a citation by appearing in a court or tribunal or the payment of fines, costs or surcharges, if any.

(d) Conviction means a conviction, including any court conviction, of any offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state statute, regulation, ordinance or administrative rule, or a forfeiture of bail, bond or other security deposited to secure the appearance of a person charged with any such offense, or the payment of a penalty assessment or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court.

(e) Court means a court of law, including magistrates court and the justice of the peace court.

(f) Home state means the state of primary residence of a person.

(g) Issuing state means the party state which issues a wildlife citation.

(h) License means any license, permit or other public document which conveys to the person to whom it is issued the privilege of pursuing, possessing or taking any wildlife regulated by statute, regulation, ordinance or administrative rule of a party state.

(i) Licensing authority means the department or division within each party state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap or possess wildlife.

(j) Party state means any state which enacts legislation to become a member of this compact.

(k) Personal recognizance means an agreement by a person made at the time of the issuance of the wildlife citation that the person will comply with the terms of that citation.

(l) State means any state, territory or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada or any other countries.

(m) Suspension means any revocation, denial or withdrawal of any license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by any license.

(n) Terms of the citation means those conditions and options expressly stated in the citation.

(o) Wildlife means all species of animals, including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, which are defined as wildlife and are protected or otherwise regulated by statute, regulation, ordinance or administrative rule in a party state. Species included in the definition of wildlife vary from state to state and a determination of whether a species is wildlife for the purposes of this compact must be based on local law.

(p) Wildlife law means any statute, regulation, ordinance or administrative rule enacted to manage wildlife resources and the use thereof.

(q) Wildlife officer means any person authorized by a party state to issue a citation for a wildlife violation.

(r) Wildlife violation means any cited violation of statute, regulation, ordinance or administrative rule enacted to manage wildlife resources and the use thereof.

ARTICLE III

PROCEDURES FOR ISSUING STATE

Section 1. Issuing state procedures are as follows:

(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state. The wildlife officer shall not require the person to post collateral to secure the persons appearance, subject to the exceptions set forth in paragraph (b) of this article, if the officer receives the persons personal recognizance that the person will comply with the terms of the citation.

(b) Personal recognizance is permissible if:

(1) It is not prohibited by local law or the compact manual; and

(2) The violator provides adequate proof of his or her identity to the wildlife officer.

(c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate officer shall report the conviction or the failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report must be made in accordance with the procedures specified by the issuing state and contain information as specified in the compact manual as minimum requirements for effective processing by the home state.

(d) Upon the receipt of the report of conviction or noncompliance required by paragraph (c), the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in the manner prescribed in the compact manual.

ARTICLE IV

PROCEDURES FOR HOME STATE

Section 1. Home state procedures are as follows:

(a) Upon the receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator and begin a suspension action in accordance with the home states suspension procedures. The licensing authority of the home state shall suspend the violators license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process rights must be accorded to the violator.

(b) Upon the receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter the conviction in its records and consider the conviction as if it had occurred in the home state for the purposes of the suspension of license privileges.

(c) The licensing authority of the home state shall maintain a record of actions taken and make reports to the issuing states as provided in the compact manual.

ARTICLE V

RECIPROCAL RECOGNITION OF SUSPENSION

Section 1. The party states agree that:

(a) All party states shall recognize the suspension of license privileges of any person by any state as if the violation on which the suspension is based had occurred in their state and would have been the basis for suspension of license privileges in their state.

(b) Each party state shall communicate information concerning the suspension of license privileges to the other party states in the manner prescribed in the compact manual.

ARTICLE VI

APPLICABILITY OF OTHER LAWS

Section 1. The party states agree that, except as expressly required by the provisions of this compact, nothing included in this compact shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.

ARTICLE VII

COMPACT ADMINISTRATOR PROCEDURES

Section 1. The party states agree that:

(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is hereby established. The board must be composed of one representative from each of the party states to be known as the compact administrator. The compact administrator must be appointed by the head of the licensing authority of each party state and shall serve and be subject to removal in accordance with the laws of the state the compact administrator represents. A compact administrator may provide for the discharge of his or her duties and the performance of the compact administrators functions as a board member by an alternate. An alternate may not serve unless written notification of the alternates identity has been given to the board.

(b) Each member of the board of compact administrators is entitled to one vote. No action of the board is binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action by the board must be only at a meeting at which a majority of the party states are represented.

(d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and may amend or rescind its bylaws.

(e) The board may accept for any of its purposes and functions under this compact any donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any governmental agency and may receive, use and dispose of them as it deems appropriate.

(f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, person, firm, corporation or private nonprofit organization or institution.

(g) The board shall establish all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action must be included in the compact manual.

ARTICLE VIII

ENTRY INTO AND WITHDRAWAL FROM COMPACT

Section 1. The party states agree that:

(a) This compact becomes effective upon adoption by at least two states.

(b) Entry into the compact must be made by a resolution of ratification executed by the authorized officers of the applying state and submitted to the chair of the board of compact administrators.

(1) A citation of the authority by which the state is authorized to become a party to this compact;

(2) An agreement to comply with the terms and provisions of the compact; and

(3) A statement that entry into the compact is with all states then party to the compact and with any state that legally becomes a party to the compact.

(d) The effective date of entry must be specified by the applying state, except that the effective date must not be less than 60 days after notice has been given by:

(1) The chair of the board of the compact administrators; or

(2) The secretary of the board of compact administrators to each party state that the resolution from the applying state has been received.

(e) A party state may withdraw from the compact by giving official written notice to the other party states. A withdrawal does not take effect until 90 days after the notice of withdrawal is given. The notice must be directed to the compact administrator of each party state. The withdrawal of a party state does not affect the validity of the compact as to the remaining party states.

ARTICLE IX

AMENDMENTS TO THE COMPACT

Section 1. The party states agree that:

(a) This compact may be amended from time to time. Amendments must be presented in resolution form to the chair of the board of compact administrators and may be proposed by one or more party states.

(b) The adoption of an amendment must be endorsed by all party states and becomes effective 30 days after the date the last party state endorses the amendment.

(c) The failure of a party state to respond to the chair of the board of compact administrators within 120 days after the receipt of the proposed amendment constitutes an endorsement.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

Section 1. The party states agree that this compact must be liberally construed so as to carry out the purposes stated in the compact. The provisions of this compact are severable and if any phrase, clause, sentence or provision of the compact is declared to be contrary to the constitution of any party state or the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of the compact is not affected thereby. If this compact is held contrary to the constitution of any party state thereto, the compact remains in effect as to the remaining states and to the state affected as to all severable matters.

ARTICLE XI

TITLE

Section 1. The party states agree that this compact will be known as the Wildlife Violator Compact.

(Added to NRS by 1989, 750 )

NRS 51.215

NRS

51.215

Records of documents affecting interest in property.

The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, is not inadmissible under the hearsay rule if the record is a record of a public office and an applicable statute authorized the recording of documents of that kind in that office.

(Added to NRS by 1971, 796 )

NRS 51.305

NRS

51.305

Judgment as to boundaries or personal, family or general history.

A judgment is not inadmissible under the hearsay rule as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the matters would be provable by evidence of reputation.

(Added to NRS by 1971, 797 )

Declarant Unavailable

NRS 517.370

NRS

517.370

Conveyances of mining claims: Formalities; construction and proof of conveyances before December 12, 1862.

After December 12, 1862, conveyances of mining claims shall require the same formalities and shall be subject to the same rules of construction as the transfers and conveyances of other real property.
All conveyances of mining claims made prior to December 12, 1862, by bills of sale or other instruments in writing, with or without seals, recorded or unrecorded, shall be construed in accordance with the lawful local rules, regulations and customs of the miners in the several mining districts of the Territory of Nevada; and if, prior to December 12, 1862, regarded as valid and binding in such mining districts, shall have the same force and effect between the parties thereto, as prima facie evidence of sale, as if such conveyances had been made by deed under seal.
The location and transfers of mining claims made prior to December 12, 1862, shall be established and proved in contestation before courts by the local rules, regulations and customs of the miners in the several mining districts of the Territory of Nevada in which such location and transfers were made.

[1:14:1862; B § 307; BH § 2650; C § 2720; RL § 1100; NCL § 1561] + [2:14:1862; B § 308; BH § 2651; C § 2721; RL § 1101; NCL § 1562] + [3:14:1862; B § 308; BH § 2652; C § 2722; RL § 1102; NCL § 1563]

NRS 52.255

NRS

52.255

Admissibility of other evidence of contents.

Except as otherwise provided in NRS 52.247 , the original is not required, and other evidence of the contents of a writing, recording or photograph is admissible, if:

All originals are lost or have been destroyed, unless the loss or destruction resulted from the fraudulent act of the proponent;
No original can be obtained by any available judicial process or procedure;
At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or
The writing, recording or photograph is not closely related to a controlling issue.

(Added to NRS by 1971, 801 ; A 1995, 182 ; 1997, 1593 )

NRS 528.084

NRS

528.084

Timberland conversion certificate: Issuance; denial; hearing after denial; return of performance bond.

If the information and proof submitted is satisfactory to the State Forester Firewarden and is verified by records and field examination, the State Forester Firewarden shall issue a timberland conversion certificate to the applicant.
The State Forester Firewarden may deny such certificate for any of the following reasons:

(a) Material misrepresentation or false statement in the application, affidavit, conversion plan or any other material submitted as proof that the timberlands in question are to be devoted to other than a timber-growing use.

(b) Failure to comply with the forest practice rules or regulations.

(c) Failure to give satisfactory proof that the timberlands being cut or to be cut are to be devoted to other than timber-growing use.

(d) Failure to give satisfactory proof that adequate provision will be made to stabilize, revegetate or rehabilitate disturbed soils in order to minimize erosion, flooding or other damage to the watershed.

(e) Inadequate performance bond.

Within 10 days after the receipt of any denial, an applicant may request a hearing with the State Forester Firewarden.
Upon any final denial, any performance bond shall be returned to the applicant.

(Added to NRS by 1971, 1447 )

NRS 533.027

NRS

533.027

Applicability of chapter to certain emergency situations to extinguish fires and de minimus collection of precipitation.

The provisions of this chapter do not apply to:

(a) The use of water in emergency situations to extinguish fires by a public agency or a volunteer fire department; or

(b) The de minimus collection of precipitation:

(1) From the rooftop of a single-family dwelling for nonpotable domestic use; or

(2) If the collection does not conflict with any existing water rights as determined by the State Engineer, in a guzzler to provide water for use by wildlife. The guzzler must:

(I) Have a capacity of 20,000 gallons or less;

(II) Have a capture area of 1 acre or less;

(III) Have a pipe length of 1/4 mile or less;

(IV) Be developed by a state or federal agency responsible for wildlife management or by any other person in consultation with the Department of Wildlife; and

(V) Be approved for use by the Department of Wildlife.

As used in this section:

(a) Domestic use has the meaning ascribed to it in NRS 534.013 .

(b) Guzzler has the meaning ascribed to it in NRS 501.121 .

(c) Public agency means an agency, bureau, board, commission, department or division of this State or a political subdivision of this State.

(Added to NRS by 2017, 1432 ; A 2023, 1278 )

NRS 533.060

NRS

533.060

Right to use limited to amount necessary; loss or abandonment of rights; no acquisition of prescriptive right; reservation of rights by State.

Rights to the use of water must be limited and restricted to as much as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch. The balance of the water not so appropriated must be allowed to flow in the natural stream from which the ditch draws its supply of water, and must not be considered as having been appropriated thereby.
Rights to the use of surface water shall not be deemed to be lost or otherwise forfeited for the failure to use the water therefrom for a beneficial purpose.
A surface water right that is appurtenant to land formerly used primarily for agricultural purposes is not subject to a determination of abandonment if the surface water right:

(a) Is appurtenant to land that has been converted to urban use; or

(b) Has been dedicated to or acquired by a water purveyor, public utility or public body for municipal use.

In a determination of whether a right to use surface water has been abandoned, a presumption that the right to use the surface water has not been abandoned is created upon the submission of records, photographs, receipts, contracts, affidavits or any other proof of the occurrence of any of the following events or actions within a 10-year period immediately preceding any claim that the right to use the water has been abandoned:

(a) The delivery of water;

(b) The payment of any costs of maintenance and other operational costs incurred in delivering the water;

(d) The actual performance of maintenance related to the delivery of the water.

A prescriptive right to the use of the water or any of the public water appropriated or unappropriated may not be acquired by adverse possession. Any such right to appropriate any of the water must be initiated by applying to the State Engineer for a permit to appropriate the water as provided in this chapter.
The State of Nevada reserves for its own present and future use all rights to the use and diversion of water acquired pursuant to chapter 462, Statutes of Nevada 1963, or otherwise existing within the watersheds of Marlette Lake, Franktown Creek and Hobart Creek and not lawfully appropriated on April 26, 1963, by any person other than the Marlette Lake Company. Such a right must not be appropriated by any person without the express consent of the Legislature.

[8:140:1913; A 1917, 353 ; 1949, 102 ; 1943 NCL § 7897]—(NRS A 1979, 1161 ; 1999, 2631 )

NRS 533.087

NRS

533.087

Requirement for claimant of vested water right to submit proof of claim.

A claimant of any vested water right must submit, on a form prescribed by the State Engineer, proof of the claim to the State Engineer on or before December 31, 2027. If a claimant fails to file such proof on or before December 31, 2027, the claim shall be deemed to be abandoned.
Until December 31, 2027, the State Engineer shall cause notice of the provisions of subsection 1 to be:

(a) Published annually for 4 consecutive weeks in at least one newspaper of general circulation within the boundaries of each groundwater basin throughout the State.

(b) Posted on the Internet website maintained by the State Engineer.

(Added to NRS by 2017, 3555 )

NRS 533.095

NRS

533.095

Notice of entry of order and pendency of proceedings: Preparation; contents; publication; service of notice. [Effective through December 31, 2027.]

As soon as practicable after the State Engineer enters an order granting the petition or selecting the streams upon which the determination of rights is to begin, the State Engineer shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings.
The notice shall set forth:

(a) That all claimants to rights in the waters of the stream system are required, as provided in this chapter, to make proof of their claims, except claimants who submitted proof of their claims pursuant to NRS 533.087 ;

(b) The date on which the State Engineer will commence taking proofs of appropriation regarding the rights in and to the waters of the stream system;

(d) That all proofs of appropriation must be accompanied by maps prepared in accordance with and depicting any information required pursuant to NRS 533.100 and 533.115 .

The notice shall be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system.
At or near the time of the first publication of the notice, the State Engineer shall send by mail to each person, or deliver to each person, in person, hereinafter designated as claimant, claiming rights in or to the waters of the stream system, insofar as such claimants can be reasonably ascertained, a notice equivalent in terms to the published notice setting forth the date when the State Engineer will commence the taking of proofs, and the date prior to which proofs must be filed with the State Engineer. The notice must be mailed at least 30 days prior to the date fixed for the commencement of the taking of proofs. The date set prior to which the proofs must be filed shall not be less than 60 days from the date set for the commencement of taking proofs. The notice shall be deemed to be an order of the State Engineer as to its contents.

[19:140:1913; 1919 RL p. 3228; NCL § 7906]—(NRS A 2017, 706 , 3556 )

NRS

533.095

Notice of entry of order and pendency of proceedings: Preparation; contents; publication; service of notice. [Effective January 1, 2028.]

As soon as practicable after the State Engineer enters an order granting the petition or selecting the streams upon which the determination of rights is to begin, the State Engineer shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings.
The notice shall set forth:

(a) That any federal agencies claiming reserved rights in the waters of the stream system are required, as prescribed by the State Engineer, to make proof of their claims;

(b) The date on which the State Engineer will commence taking proofs of appropriation regarding the rights in and to the waters of the stream system;

(d) That all proofs of appropriation must be accompanied by maps prepared in accordance with and depicting any information required pursuant to NRS 533.100 and 533.115 .

The notice shall be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system.
At or near the time of the first publication of the notice, the State Engineer shall send by mail to each federal agency, or deliver to each federal agency, in person, hereinafter designated as claimant, claiming rights in or to the waters of the stream system, insofar as such claimants can be reasonably ascertained, a notice equivalent in terms to the published notice setting forth the date when the State Engineer will commence the taking of proofs, and the date prior to which proofs must be filed with the State Engineer. The notice must be mailed at least 30 days prior to the date fixed for the commencement of the taking of proofs. The date set prior to which the proofs must be filed shall not be less than 60 days from the date set for the commencement of taking proofs. The notice shall be deemed to be an order of the State Engineer as to its contents.

[19:140:1913; 1919 RL p. 3228; NCL § 7906]—(NRS A 2017, 706 , 3556 , effective January 1, 2028)

NRS 533.115

NRS

533.115

Blank forms enclosed with notice; form of proof; preparation of map. [Effective through December 31, 2027.]

The State Engineer shall, in addition, enclose with the notice to be mailed as provided in subsection 4 of NRS 533.095 , blank forms upon which a claimant who has not submitted proof pursuant to NRS 533.087 shall present in writing all particulars necessary for the determination of the claimants right in or to the waters of the stream system. The form for a proof of appropriation must include the following:

(a) The name and mailing address of the claimant.

(b) The nature of the right or use on which the claim for appropriation is based.

(c) The time of the initiation of such right, the priority date claimed and a description of the place of diversion and works of diversion and distribution.

(d) The date of beginning of construction.

(e) The date when completed.

(f) The dates of beginning and completion of enlargements.

(g) The dimensions of the ditch as originally constructed and as enlarged.

(h) The date when water was first used for irrigation or other beneficial purposes.

(i) If the water was used for irrigation, the number of acres irrigated the first year, the number of acres irrigated in subsequent years, the dates of irrigation, the area and location of the lands which were irrigated, the character of the soil and the kind of crops cultivated, the rate of diversion and the number of acre-feet of water per annum required to irrigate the land.

(j) If the water was used for a beneficial purpose other than irrigation, the rate of diversion and the number of acre-feet of water used annually.

(k) If the water was used for watering livestock, the number and type of livestock.

(l) Any other facts as will show the extent and nature of the right and compliance with the law in acquiring the same, as may be required by the State Engineer.

A claimant must submit a separate proof of appropriation for each source of water of the stream system in which or to which the claimant claims a right.
The proof of appropriation submitted by the claimant must be accompanied by a map prepared, except as otherwise provided in subsection 4, in accordance with and depicting any information required pursuant to the requirements of subsections 3 and 4 of NRS 533.100 .
If the map submitted with a proof of appropriation is prepared for water used for watering livestock, the map must be on a scale of not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude, and further identifying the location or extent of the livestock use by one-sixteenth sections within a numbered section, township and range.

[23:140:1913; 1919 RL p. 3229; NCL § 7910]—(NRS A 2017, 707 , 3557 ; R 2017, 3560 , effective January 1, 2028; 2023, 1036 )

NRS 533.125

NRS

533.125

Commencement of taking of proofs; extension of time; determination of rights if claimant neglects or refuses to make proof; defective proof or map; filing corrected proof of map. [Effective through December 31, 2027.]

The State Engineer shall commence the taking of any proofs not submitted pursuant to NRS 533.087 on the date fixed and named in the notice provided for in NRS 533.095

for the commencement of the taking of proofs. The State Engineer shall proceed therewith during the period fixed by the State Engineer and named in the notice, after which no proofs shall be received by or filed by the State Engineer. The State Engineer may, in his or her discretion, for cause shown, extend the time in which proofs may be filed.

Upon neglect or refusal of any person to make proof of his or her claim or rights in or to the waters of such stream system, as required by this chapter, prior to the expiration of the period fixed by the State Engineer during which proofs may be filed, the State Engineer shall determine the right of such person from such evidence as the State Engineer may obtain or may have on file in the Office of the State Engineer in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as provided in this chapter.
If a proof of appropriation or a supporting map is found to be defective, it shall be returned with a statement explaining why the proof or map was found to be defective. The date of the return must be marked on the proof or map and a record of the return made in the Office of the State Engineer.
A person may file a corrected proof of appropriation or supporting map with the Office of the State Engineer within 60 days after the date of return marked on the proof or map. A defective proof of appropriation or supporting map that is not properly corrected and refiled within 60 days must be rejected. Upon application for an extension of time within the 60-day period, the State Engineer may, in his or her discretion, grant an extension of time not to exceed 60 days in which the person may file the corrected proof of appropriation or supporting map.

[25:140:1913; A 1915, 378 ; 1919 RL p. 3230; NCL § 7912]—(NRS A 2017, 709 , 3558 ; R 2017, 3560 , effective January 1, 2028)

NRS 533.135

NRS

533.135

Fees of State Engineer; disposition.

At the time of submission of proofs of appropriation, the State Engineer shall collect a fee of $60 for a proof of water used for watering livestock purposes. The State Engineer shall collect a fee of $120 for any other character of claim to water.
All fees collected as provided in this section must be accounted for in detail and deposited with the State Treasurer for credit to the State General Fund.

[27:140:1913; A 1921, 171 ; NCL § 7914]—(NRS A 1957, 529 ; 1975, 713 ; 1981, 1837 ; 1985, 720 ; 1989, 1733 ; 2013, 1234 ; 2017, 709 , 3648 )

NRS 533.140

NRS

533.140

Preparation and printing of abstract of proofs of appropriation; preliminary order of determination; notice of availability of evidence and proofs for inspection; service of notice and preliminary order; State Engineer to be present during period that evidence and proofs are available for inspection; posting preliminary order of determination and abstract of proofs on Internet. [Effective through December 31, 2027.]

As soon as practicable after the expiration of the period fixed in which proofs of appropriation may be filed, the State Engineer shall assemble all proofs which have been filed with the State Engineer and prepare, certify and have printed an abstract of all such proofs of appropriation. The State Engineer shall also prepare from the proofs of appropriation and evidence taken or given before the State Engineer, or obtained by the State Engineer, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.
Except as otherwise provided in subsection 3, when the abstract of proofs of appropriation and the preliminary order of determination are completed:

(a) The State Engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with the State Engineer and the proofs of claims must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the State Engineer as to the matters contained therein.

(b) A copy of the notice, together with a printed copy of the preliminary order of determination and the abstract of proofs of appropriation, must be delivered by the State Engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has appeared and filed a proof of appropriation, as provided in this section.

(c) The State Engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proofs of appropriation as have been filed with or taken by the State Engineer in accordance with this chapter.

In lieu of sending or serving a copy of the preliminary order of determination and the abstract of proofs of appropriation pursuant to subsection 2, the State Engineer may:

(a) Make available a copy of the preliminary order of determination and the abstract of proofs of appropriation on the Internet website of the Office of the State Engineer; and

(b) Send by registered or certified mail or deliver in person to each person who has filed a proof of appropriation notice that the preliminary order of determination and the abstract of proofs of appropriation are available on the Internet website of the Office of the State Engineer.

[28:140:1913; A 1921, 171 ; NCL § 7915]—(NRS A 1967, 189 ; 1969, 1527 ; 1973, 1478 ; 1985, 467 ; 1993, 1700 ; 1997, 21 ; 2005, 1092 ; 2017, 710 )

NRS

533.140

As soon as practicable, the State Engineer shall assemble all proofs related to the stream or stream system which have been filed with the State Engineer and prepare, certify and have printed an abstract of all such proofs of appropriation. The State Engineer shall also prepare from the proofs of appropriation and evidence taken or given before the State Engineer, or obtained by the State Engineer, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.
Except as otherwise provided in subsection 3, when the abstract of proofs of appropriation and the preliminary order of determination are completed:

(b) A copy of the notice, together with a printed copy of the preliminary order of determination and the abstract of proofs of appropriation, must be delivered by the State Engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has filed a proof of appropriation related to the stream or stream system.

(c) The State Engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proofs of appropriation as have been filed with the State Engineer in accordance with this chapter.

In lieu of sending or serving a copy of the preliminary order of determination and the abstract of proofs of appropriation pursuant to subsection 2, the State Engineer may:

(a) Make available a copy of the preliminary order of determination and the abstract of proofs of appropriation on the Internet website of the Office of the State Engineer; and

[28:140:1913; A 1921, 171 ; NCL § 7915]—(NRS A 1967, 189 ; 1969, 1527 ; 1973, 1478 ; 1985, 467 ; 1993, 1700 ; 1997, 21 ; 2005, 1092 ; 2017, 710 , 3558 , effective January 1, 2028)

NRS 533.145

NRS

533.145

Objections to preliminary order of determination; form and contents of objection.

Any person claiming any interest in the stream system involved in the determination of relative rights to the use of water, whether claiming under vested right or under permit from the State Engineer, may object to any finding, part or portion of the preliminary order of determination made by the State Engineer by filing objections with the State Engineer within 30 days after the evidence and proofs, as provided in NRS 533.140 , shall have been opened to public inspection, or within such further time as for good cause shown may be allowed by the State Engineer upon application.
Such objections shall be verified by the affidavit of the objector, or the objectors agent or attorney, and shall state with reasonable certainty the grounds of objection.

[29:140:1913; A 1921, 171 ; NCL § 7916]

NRS 533.150

NRS

533.150

Hearings of objections to preliminary order of determination: Contents and service of notice; procedure; witnesses; evidence.

Unless the claimant waives the requirement for a hearing, the State Engineer shall fix a time and place for the hearing of objections. Notice of the hearing may be sent by registered or certified mail to the persons to be affected by the objections, and the receipt therefor constitutes legal and valid proof of service. The notice may also be served by the State Engineer, or by any person, appointed by the State Engineer, qualified and competent to serve a summons in civil actions. Return thereof must be made in the same manner as in civil actions in the district courts of this state.
The State Engineer may adjourn hearings from time to time upon reasonable notice to all parties interested. Depositions may be taken by any person authorized to administer oaths and designated by the State Engineer or the parties in interest, and oral testimony may be introduced in all hearings.
Witnesses are entitled to receive fees as in civil cases, to be paid by the party calling those witnesses.
The evidence in the proceedings must be confined to the subjects enumerated in the objections and the preliminary order of determination.
All testimony taken at the hearings must be reported and transcribed in its entirety.

[30:140:1913; A 1915, 378 ; 1921, 171 ; NCL § 7917]—(NRS A 1967, 189 ; 1981, 88 ; 1989, 406 ; 2017, 710 )

NRS 533.160

NRS

533.160

Entry of order of determination after hearing of objections to preliminary order; legal effect of order; certification, printing and service of order.

As soon as practicable after the hearing of objections to the preliminary order of determination, the State Engineer shall make and cause to be entered of record in the Office of the State Engineer an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165 , has the legal effect of a complaint in a civil action.
The order of determination must be certified by the State Engineer. Except as otherwise provided in subsection 3, a copy of the order of determination must be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145 .
In lieu of sending or delivering a copy of the order of determination pursuant to subsection 2, the State Engineer may:

(a) Make available a copy of the order of determination on the Internet website of the Office of the State Engineer; and

(b) Send by registered or certified mail or deliver in person to each person who has filed a proof of appropriation and to each person who has become interested through intervention notice that the order of determination is available on the Internet website of the Office of the State Engineer.

[33:140:1913; A 1915, 378 ; 1921, 171 ; NCL § 7920]—(NRS A 1967, 190 ; 1969, 1527 ; 1973, 1478 ; 1985, 467 ; 1993, 1701 ; 1997, 22 ; 2005, 1093 ; 2017, 711 )

NRS 533.165

NRS

533.165

Certified copy of order of determination to be filed with county clerk of county where stream system located; procedure when stream system in two or more judicial districts; order setting time for hearing; service and publication of order.

As soon as practicable thereafter, a certified copy of the order of determination, together with the copies of the original evidence and transcript of testimony filed with, or taken before, the State Engineer, duly certified by the State Engineer, shall be filed with the clerk of the county, as ex officio clerk of the district court, in which the stream system is situated, or, if in more than one county but all within one judicial district, then with the clerk of the county wherein reside the largest number of parties in interest.
If such stream system shall be in two or more judicial districts, then the State Engineer shall notify the district judge of each of such judicial districts of his or her intent to file such order of determination, whereupon, within 10 days after receipt of such notice, such judges shall confer and agree where the court proceedings under this chapter shall be held and upon the judge who shall preside, and on notification thereof the State Engineer shall file the order of determination, evidence and transcripts with the clerk of the court so designated.
If such district judges fail to notify the State Engineer of their agreement, as provided in subsection 2, within 5 days after the expiration of such 10 days, then the State Engineer may file such order of determination, evidence and transcript with the clerk of any county the State Engineer may elect, and the district judge of such county shall have jurisdiction over the proceedings in relation thereto.
If the judge so selected and acting shall retire from office, or be removed from office or be disqualified, for any cause, then the judge of the district court having jurisdiction of the proceedings shall act as the judge on the matter or shall select the judge to preside in such matter.
In all instances a certified copy of the order of determination shall be filed with the county clerk of each county in which such stream system, or any part thereof, is situated.
Upon the filing of the certified copy of the order, evidence and transcript with the clerk of the court in which the proceedings are to be had, the State Engineer shall procure an order from the court setting the time for hearing. The clerk of such court shall immediately furnish the State Engineer with a certified copy thereof. The State Engineer immediately thereupon shall mail a copy of such certified order of the court, by registered or certified mail, addressed to each party in interest at the partys last known place of residence, and shall cause the same to be published at least once a week for 4 consecutive weeks in some newspaper of general circulation that is available in general circulation in each county in which such stream system or any part thereof is located. The State Engineer shall file with the clerk of the court proof of such service by registered or certified mail and by publication. Such service by registered or certified mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of such hearing.

[34:140:1913; A 1915, 378 ; 1931, 148 ; 1931 NCL § 7921]—(NRS A 1967, 190 ; 2017, 712 )

NRS 533.185

NRS

533.185

Entry of judicial decree; revised map; delivery and filing of final judgment.

After the hearing the court shall enter a decree affirming or modifying the order of the State Engineer.
If the court enters a decree holding that the water right of a claimant is different than the right claimed in the proof of appropriation filed by the claimant or determined by the State Engineer in the order of determination, the court may require the claimant to prepare and file with the court and the Office of the State Engineer a revised map which conforms to the decree and the rules and regulations of the State Engineer.
Within 30 days after the entry of final judgment by the district court, or if an appeal is taken, within 30 days after the entry of the final judgment by the appellate court or within 30 days after the entry of the final judgment after remand, the clerk of the court issuing the final judgment shall:

(a) Deliver to the State Engineer a certified copy of the final judgment; and

(b) Cause a certified copy of the final judgment to be filed in the office of the county recorder in each county in which the water adjudicated is applied to beneficial use and in each county in which the water adjudicated is diverted from its natural source.

[Part 36:140:1913; A 1915, 378 ; 1931, 413 ; 1937, 327 ; 1931 NCL § 7923]—(NRS A 1995, 436 ; 2017, 712 )

NRS 533.250

NRS

533.250

Admissibility of maps, plats, surveys and evidence on file in office of State Engineer; notice by State Engineer of intention to consider evidence and submission of findings to court.

Any and all maps, plats, surveys and evidence on file in the Office of the State Engineer relating to any proof of appropriation involved in the proceeding for the determination of the relative rights in and to the waters of any stream system, obtained or filed under the provisions of this chapter or any preceding act relating to the Office of State Engineer, shall be admissible in court and shall have the same force and effect as though obtained and submitted under the provisions of this chapter.
At least 90 days prior to the rendering of his or her order of determination of the relative rights in and to the waters of any stream system, the State Engineer shall notify all parties in interest of his or her intention to consider such maps, plats and evidence, and of his or her intention to submit the findings of the State Engineer to the court under the provisions of this chapter.
Within 60 days after such notice, any party in interest may file with the State Engineer any additional or supplementary maps, plats, surveys or evidence, or objections to the admissibility of any evidence hitherto presented and on file in the office of the State Engineer, in relation to his or her claim of water right or adverse to the claim or claims of the water right of any other party or parties in interest, in order so to perfect his or her claim in accordance with the provisions of this chapter, and the State Engineer shall consider the whole thereof in rendering such order of determination, and the same shall become a part of the record which shall be submitted to the court as provided by NRS 533.165 to 533.235 , inclusive.

[88a:140:1913; added 1915, 378 ; 1919 RL p. 3248; NCL § 7975]—(NRS A 2017, 713 , 3558 )

NRS 533.260

NRS

533.260

Regulations of State Engineer requiring blueprints from claimants to be attached to proofs.

The State Engineer shall have power to make and enforce such reasonable rules and regulations for the furnishing by claimants of blueprints of particular parcels of land shown on the map prepared by the State Engineer, and for such supplementary surveys and examinations or such inspection by the State Engineer as may be required, to the end that observations and surveys of the State Engineer may be made, insofar as practicable, available to the claimants for attachment to the proofs to be filed by them.

[50:140:1913; 1919 RL p. 3235; NCL § 7935]

NRS 533.360

NRS

533.360

Notice of application: Contents; publication; posting on Internet website; mailing required under certain circumstances.

Except as otherwise provided in subsection 4, NRS 533.345 and subsection 2 of NRS 533.370 , when an application is filed in compliance with this chapter, the State Engineer shall, within 30 days, publish or cause to be published once a week for 4 weeks in a newspaper of general circulation in the county where the point of diversion is located, and post on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources, a notice of the application which sets forth:

(a) That the application has been filed.

(b) The date of the filing.

(d) The name of the source from which the appropriation is to be made.

(e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.

(f) The purpose for which the water is to be appropriated.

Ê The publisher shall add thereto the date of the first publication and the date of the last publication.

Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The State Engineer shall pay for the publication from the application fee. If the application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.
If the application is for a proposed well:

(a) For municipal, quasi-municipal or industrial use; and

(b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to the owners address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the State Engineer before the State Engineer may consider the application.

The provisions of this section do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .

[61:140:1913; A 1925, 121 ; 1951, 132 ]—(NRS A 1975, 1397 ; 1981, 358 ; 1985, 489 ; 1989, 319 ; 1991, 758 ; 1993, 2641 ; 1995, 1530 ; 2001, 551 ; 2003, 2979 ; 2005, 2561 ; 2011, 756 , 1564 ;

2013, 498 , 3679 ;

2017, 3498 ; 2023, 1036 )

NRS 533.370

NRS

533.370

Approval or rejection of application by State Engineer: Conditions; exceptions; considerations; procedure.

Except as otherwise provided in this section and NRS 533.0241 , 533.345 , 533.371 ,

533.372 and 533.503 , the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

(a) The application is accompanied by the prescribed fees;

(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and

(1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

(2) Financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

Except as otherwise provided in subsection 10, where there is no unappropriated water in the proposed source of supply, where the groundwater that has not been committed for use has been reserved pursuant to NRS 533.0241 or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024 , or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.
In addition to the criteria set forth in subsections 1 and 2, in determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:

(a) Whether the applicant has justified the need to import the water from another basin;

(b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

(e) Any other factor the State Engineer determines to be relevant.

Except as otherwise provided in this subsection and subsections 6 and 10 and NRS 533.365 , the State Engineer shall approve or reject each application within 2 years after the final date for filing a protest. The State Engineer may postpone action:

(a) Upon written authorization to do so by the applicant.

(b) If an application is protested.

(d) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 .

(e) Where court actions or adjudications are pending, which may affect the outcome of the application.

(f) In areas in which adjudication of vested water rights is deemed necessary by the State Engineer.

(g) On an application for a permit to change a vested water right in a basin where vested water rights have not been adjudicated.

(h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.

(i) On an application for which the State Engineer has required additional information pursuant to NRS 533.375 .

If the State Engineer does not act upon an application in accordance with subsections 4 and 6, the application remains active until approved or rejected by the State Engineer.
Except as otherwise provided in this subsection and subsection 10, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may postpone action on the application pursuant to subsection 4.
If the State Engineer has not approved, rejected or held a hearing on an application within 7 years after the final date for filing a protest, the State Engineer shall cause notice of the application to be republished and reposted pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application. The cost of the republication must be paid by the applicant. After such republication and reposting, a protest may be filed in accordance with NRS 533.365 .
If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 11, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.
If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer in a timely manner on a form provided by the State Engineer.
The provisions of subsections 1 to 9, inclusive, do not apply to an application for an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .
The provisions of subsection 8 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.
As used in this section, domestic well has the meaning ascribed to it in NRS 534.350 .

[63:140:1913; A 1945, 87 ; 1947, 777 ; 1949, 102 ; 1943 NCL § 7948]—(NRS A 1959, 554 ; 1973, 865 , 1603 ;

1977, 1171 ; 1981, 209 , 359 ;

1989, 319 ; 1991, 759 , 1369 ;

1993, 1459 , 2082 ,

2349 ;

1995, 319 , 697 ,

2523 ;

1999, 1045 ; 2001, 552 ; 2003, 2980 ; 2005, 2561 ; 2007, 2017 ; 2009, 597 ; 2011, 758 , 1566 ;

2013, 499 , 3679 ;

2019, 2516 ; 2023, 1037 )

NRS 533.380

NRS

533.380

Time for completion of work and application of water to beneficial use; limitations and extensions; regulations.

Except as otherwise provided in subsection 5, in an endorsement of approval upon any application, the State Engineer shall:

(a) Set a time before which the construction of the work must be completed, which must be within 5 years after the date of approval.

(b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:

(1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;

(2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460 , inclusive; or

(3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,

Ê must not be less than 5 years.

The State Engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.
Except as otherwise provided in subsection 4 and NRS 533.395 and 533.4377 , the State Engineer may, for good cause shown, grant any number of extensions of time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by the State Engineer, but a single extension of time must not exceed 5 years. An application for the extension must in all cases be:

(a) Made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410 ; and

(b) Accompanied by proof and evidence of the good faith and reasonable diligence with which the applicant is pursuing the perfection of the application.

Ê The State Engineer shall not grant an extension of time unless the State Engineer determines from the proof and evidence so submitted that the applicant is proceeding in good faith and with reasonable diligence to perfect the application. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the application.

Except as otherwise provided in subsection 5 and NRS 533.395 , whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the State Engineer shall, in determining whether to grant or deny the extension, consider, among other factors:

(a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

(b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;

(c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;

(d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and

(e) The period contemplated in the:

(1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460 , inclusive; or

(2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,

Ê if any, for completing the development of the land.

The provisions of subsections 1 and 4 do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .
For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is composed of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.
The State Engineer shall:

(a) Adopt any regulation necessary to carry out the provisions of this section; and

(b) Provide a copy of such regulations to any person upon request.

[65:140:1913; A 1951, 132 ]—(NRS A 1967, 193 ; 1981, 113 , 1838 ;

1989, 1052 , 1400 ;

1991, 759 ; 1993, 2349 ; 2009, 644 ; 2011, 1568 ; 2013, 501 , 3679 ;

2017, 3500 ; 2019, 2623 )

NRS 533.390

NRS

533.390

Statement of work actually constructed; verification; penalty for failure to file proof of completion of work.

Any person holding a permit from the State Engineer shall, on or before the date set for the completion of the work, file in detail a description of the work as actually constructed. This statement must be verified by the affidavit of the applicant or the applicants agent or attorney.
Should any person holding a permit from the State Engineer fail to file with the State Engineer the proof of completion of work, as provided in this chapter, the State Engineer shall advise the holder of the permit, by registered or certified mail, that it is held for cancellation, and should the holder, within 30 days after the mailing of such advice, fail to file the required affidavit, the State Engineer shall cancel the permit. For good cause shown, upon application made prior to the expiration of the 30-day period, the State Engineer may, in his or her discretion, grant an extension of time in which to file the instruments.

[67:140:1913; A 1951, 132 ]—(NRS A 1967, 194 ; 1981, 113 )

NRS 533.395

NRS

533.395

State Engineer may require proof of good faith and reasonable diligence; cancellation of permit; review of cancellation; considerations when reviewing extension of time.

If, at any time in the judgment of the State Engineer, the holder of any permit to appropriate the public water is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the State Engineer shall require the submission of such proof and evidence as may be necessary to show a compliance with the law. If, in the judgment of the State Engineer, the holder of a permit is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the State Engineer shall cancel the permit, and advise the holder of its cancellation. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the appropriation.
If any permit is cancelled under the provisions of this section or NRS 533.390

or 533.410 , the holder of the permit may within 60 days of the cancellation of the permit file a written petition with the State Engineer requesting a review of the cancellation by the State Engineer at a public hearing. The State Engineer may, after receiving and considering evidence, affirm, modify or rescind the cancellation.

If the decision of the State Engineer modifies or rescinds the cancellation of a permit, the effective date of the appropriation under the permit is vacated and replaced by the date of the filing of the written petition with the State Engineer.
The cancellation of a permit may not be reviewed or be the subject of any judicial proceedings unless a written petition for review has been filed and the cancellation has been affirmed, modified or rescinded pursuant to subsection 2.
For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.
The appropriation of water or the acquisition or lease of appropriated water from any:

(a) Stream system as provided for in this chapter; or

(b) Underground water as provided for in NRS 534.080 ,

Ê by a political subdivision of this State or a public utility, as defined in NRS 704.020 , to serve the present or the reasonably anticipated future municipal, industrial or domestic needs of its customers for water, as determined in accordance with a master plan adopted pursuant to chapter 278 of NRS or a plan approved by the State Engineer, must be considered when reviewing an extension of time.

[68:140:1913; 1919 RL p. 3242; NCL § 7953]—(NRS A 1981, 114 ; 1993, 2351 ; 1995, 2660 , 2661 )

NRS 533.400

NRS

533.400

Verified statement to be filed with State Engineer by holder of permit within time set in endorsement on permit: Contents of statement; proof of beneficial use.

Except as otherwise provided in subsection 2, on or before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the State Engineer under a proper application for extension therefor, any person holding a permit from the State Engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the State Engineer a statement under oath, on a form prescribed by the State Engineer. The statement must include:

(a) The name and post office address of the person making the proof.

(b) The number and date of the permit for which proof is made.

(d) The name of the canal or other works by which the water is conducted to the place of use.

(e) The name of the original person to whom the permit was issued.

(f) The purpose for which the water is used.

(g) If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used, giving the same by 40-acre legal subdivisions when possible.

(h) An actual measurement taken by a licensed state water right surveyor or an official or employee of the Office of the State Engineer of the water diverted for beneficial use.

(i) The capacity of the works of diversion.

(j) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.

(k) The average grade and difference in elevation between the termini of any conduit.

(l) The number of months, naming them, in which water has been beneficially used.

(m) The amount of water beneficially used, taken from actual measurements, together with such other data as the State Engineer may require to become acquainted with the amount of the appropriation for which the proof is filed.

The provisions of subsection 1 do not apply to a person holding an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504 .

[Part 69:140:1913; A 1951, 132 ]—(NRS A 1967, 991 ; 1991, 760 ; 2011, 1569 ; 2013, 503 , 3679 )

NRS 533.410

NRS

533.410

Cancellation of permit for failure to file proof of application of water to beneficial use and accompanying map; notice to holder of permit; extensions of time.

If any holder of a permit from the State Engineer fails, before the date set for filing in the permit or the date set by any extension granted by the State Engineer, to file with the State Engineer proof of application of water to beneficial use, and the accompanying map, if a map is required, the State Engineer shall advise the holder of the permit, by registered or certified mail, that the permit is held for cancellation. If the holder, within 30 days after the mailing of this notice, fails to file with the State Engineer the required affidavit and map, if a map is required, or an application for an extension of time to file the instruments, the State Engineer shall cancel the permit. For good cause shown, upon application made before the expiration of the 30-day period, the State Engineer may grant an extension of time in which to file the instruments.

[Part 69:140:1913; A 1951, 132 ]—(NRS A 1967, 194 ; 1981, 114 , 1838 )

NRS 533.425

NRS

533.425

Issuance and contents of certificate of appropriation; notice of provisions governing forfeiture and abandonment of rights to underground water.

Except as otherwise provided in NRS 533.503 , as soon as practicable after satisfactory proof has been made to the State Engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the State Engineer shall issue to the holder or holders of the permit a certificate setting forth:

(a) The name of each holder of the permit.

(b) The date, source, purpose and amount of appropriation.

(c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.

(d) The number of the permit under which the certificate is issued.

If the water is appropriated from an underground source, the State Engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090 .

[72:140:1913; A 1931, 211 ; 1937, 84 ; 1931 NCL § 7957]—(NRS A 1967, 280 ; 1975, 713 ; 1995, 436 , 1016 ,

1018 ,

2524 ;

2017, 3501 )

NRS 533.435

NRS

533.435

Fees of State Engineer; disposition.

The State Engineer shall collect the following fees:

For examining and filing an application for a permit to appropriate water $360.00

This fee includes the cost of publication, which is $50.

For reviewing a corrected application or map, or both, in connection with an application for a water right permit....................................................................................................................... 100.00

For examining and acting upon plans and specifications for construction of a dam 1,200.00

For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right.............................................................................. 240.00

This fee includes the cost of publication, which is $50.

For examining and filing an application for a temporary permit to change the point of diversion, manner of use or place of use of an existing right............................................................... 180.00

For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, watering livestock or wildlife purposes 360.00

plus $3 per acre-foot approved or fraction thereof.

Except for generating hydroelectric power, watering livestock or wildlife purposes, for issuing and recording each permit to change an existing water right whether temporary or permanent for any purpose 300.00

plus $3 per acre-foot approved or fraction thereof.

For issuing and recording each permit for additional rate of diversion from a well where no additional volume of water is granted....................................................................................... 1,000.00

For issuing and recording each permit to change the point of diversion or place of use of an existing right whether temporary or permanent for irrigation purposes, a maximum fee of 750.00

For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right whether temporary or permanent for watering livestock or wildlife purposes 240.00

plus $50 for each cubic foot of water per second approved or fraction thereof.

For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water 480.00

plus $50 for each cubic foot per second of water approved or fraction thereof.

For filing and examining a request for a waiver in connection with an application to drill a well 120.00

For filing and examining a notice of intent to drill a well........................... 25.00

For filing and examining an affidavit to relinquish water rights in favor of use of water for domestic wells....................................................................................................................... 300.00

For filing a secondary application under a reservoir permit...................... 300.00

For approving and recording a secondary permit under a reservoir permit 540.00

For reviewing each tentative subdivision map............................................ 180.00

plus $1 per lot.

For reviewing and approving each final subdivision map......................... 120.00

For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For flood control detention basins................................................................. 480.00

plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For filing proof of completion of work........................................................... 60.00

For filing proof of beneficial use...................................................................... 60.00

For issuing and recording a certificate upon approval of the proof of beneficial use 350.00

For filing proof of resumption of a water right............................................ 360.00

For filing any protest.......................................................................................... 30.00

For filing any application for extension of time within which to file proofs, of completion or beneficial use, for each year for which the extension of time is sought............................ 120.00

For filing any application for extension of time to prevent a forfeiture, for each year for which the extension of time is sought....................................................................................................... 120.00

For reviewing a cancellation of a water right pursuant to a petition for review 360.00

For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384 120.00

plus $20 per conveyance document.

For filing any other instrument......................................................................... 10.00

For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page 1.00

For each additional page...................................................................................... .20

For certifying to copies of documents, records or maps, for each certificate 6.00

For each copy of any full size drawing or map................................................ 6.00

For each color copy of any full size drawing or map (2′ x 3′)..................... 12.00

For colored plots.................................................................................................. 10.00

When fees are not specified in subsection 1 for work required of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.
Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the State General Fund. All fees received for copies of any drawing or map must be kept by the State Engineer and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by the State Engineer for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, the State Engineer shall deposit the fees in the State Treasury for credit to the State General Fund.

[73:140:1913; A 1915, 378 ; 1921, 171 ; 1925, 121 ; 1947, 518 ; 1949, 102 ; 1943 NCL § 7959]—(NRS A 1957, 531 ; 1975, 46 , 1398 ;

1981, 114 , 1839 ;

1983, 1577 ; 1989, 1733 ; 1993, 2083 ; 1995, 436 ; 1999, 1508 ; 2009, 646 , 1014 ;

2011, 2392 ; 2013, 1235 ; 2017, 3502 , 3648 ;

2023, 1040 )

Temporary Permit to Establish Vegetative Cover to Prevent or Reduce Wildfire

NRS 533.440

NRS

533.440

Permits: Primary and secondary; application; issuance of certificates.

All applications for reservoir permits shall be subject to the provisions of NRS 533.324 to 533.435 , inclusive, except those sections wherein proof of beneficial use is required to be filed. The person or persons proposing to apply to a beneficial use the water stored in any such reservoir shall file an application for a permit, to be known herein as the secondary permit, in compliance with the provisions of NRS 533.324 to 533.435 , inclusive, except that no notice of such application shall be published.
The application shall refer to the reservoir for a supply of water and shall show by documentary evidence that an agreement has been entered into with the owner of the reservoir for a permanent and sufficient interest in such reservoir to impound enough water for the purpose set forth in the application.
Effluent discharged from the point of the final treatment from within a sewage collection and treatment system shall be considered water as referred to in this chapter, and shall be subject to appropriation for beneficial use under the reservoir-secondary permit procedure described in this section. Nothing in this section shall preclude appropriation in accordance with and subject to the provisions of NRS 533.324 to 533.435 , inclusive.
When beneficial use has been completed and perfected under the secondary permit, and after the holder thereof shall have made proofs of the commencement and completion of his or her work, and of the application of water to beneficial use, as in the case of other permits, as provided in this chapter, a final certificate of appropriation shall issue as other certificates are issued, except that the certificate shall refer to both the works described in the secondary permit and the reservoir described in the primary permit.

[76:140:1913; 1919 RL p. 3245; NCL § 7962]—(NRS A 1971, 1060 )

NRS 533.450

NRS

533.450

Orders and decisions of State Engineer subject to judicial review; procedure; motions for stay; appeals; appearance by Attorney General.

Except as otherwise provided in NRS 533.353 , any person feeling aggrieved by any order or decision of the State Engineer, acting in person or through the assistants of the State Engineer or the water commissioner, affecting the persons interests, when the order or decision relates to the administration of determined rights or is made pursuant to NRS 533.270 to 533.445 , inclusive, or NRS 533.481 , 534.193 , 535.200

or 536.200 , may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which must be initiated in the proper court of the county in which the matters affected or a portion thereof are situated, but on stream systems where a decree of court has been entered, the action must be initiated in the court that entered the decree. The order or decision of the State Engineer remains in full force and effect unless proceedings to review the same are commenced in the proper court within 30 days after the rendition of the order or decision in question and notice thereof is given to the State Engineer as provided in subsection 3.

The proceedings in every case must be heard by the court, and must be informal and summary, but full opportunity to be heard must be had before judgment is pronounced.
No such proceedings may be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioners interests, has been served upon the State Engineer, personally or by registered or certified mail, at the Office of the State Engineer at the State Capital within 30 days following the rendition of the order or decision in question. A similar notice must also be served personally or by registered or certified mail upon the person who may have been affected by the order or decision.
Where evidence has been filed with, or testimony taken before, the State Engineer, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, must be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of the transcript must be furnished on demand, at actual cost, to any person affected by the order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the State Engineer.
An order or decision of the State Engineer must not be stayed unless the petitioner files a written motion for a stay with the court and serves the motion personally or by registered or certified mail upon the State Engineer, the applicant or other real party in interest and each party of record within 10 days after the petitioner files the petition for judicial review. Any party may oppose the motion and the petitioner may reply to any such opposition. In determining whether to grant or deny the motion for a stay, the court shall consider:

(a) Whether any nonmoving party to the proceeding may incur any harm or hardship if the stay is granted;

(b) Whether the petitioner may incur any irreparable harm if the stay is denied;

(d) Any potential harm to the members of the public if the stay is granted.

Except as otherwise provided in this subsection, the petitioner must file a bond in an amount determined by the court, with sureties satisfactory to the court and conditioned in the manner specified by the court. The bond must be filed within 5 days after the court determines the amount of the bond pursuant to this subsection. If the petitioner fails to file the bond within that period, the stay is automatically denied. A bond must not be required for a public agency of this State or a political subdivision of this State.
Costs must be paid as in civil cases brought in the district court, except by the State Engineer or the State.
The practice in civil cases applies to the informal and summary character of such proceedings, as provided in this section.
Appeals may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the judgment of the district court in the same manner as in other civil cases.
The decision of the State Engineer is prima facie correct, and the burden of proof is upon the party attacking the same.
Whenever it appears to the State Engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, the State Engineer shall request the Attorney General to appear and protect the interests of the State.

[75:140:1913; A 1915, 378 ; 1951, 132 ]—(NRS A 1957, 532 ; 1969, 95 ; 1977, 426 ; 2007, 2019 ; 2009, 647 ; 2013, 495 , 1788 )

NRS 533.490

NRS

533.490

Watering livestock declared beneficial use.

The use of water for watering livestock is hereby declared to be a beneficial use except as provided in NRS 533.495 . Subject to such exception, the right to use water for that purpose may be acquired in the same manner as the right to use water for any other beneficial purpose.
On application to the State Engineer for any such right, it shall not be necessary for the applicant to state or prove or for the State Engineer to determine in cubic feet per second of time the quantity of water the use of which is applied for or granted, but in all such applications and in all proceedings connected therewith and, also, in all proceedings either before the State Engineer or the courts relating to the proof or establishment of a vested right to use water for watering livestock, it shall be a sufficient measure of the quantity of the water to specify the number and kind of animals to be watered or which have been watered, as the case may be. This subsection is not intended to imply that prior to April 1, 1925, it was necessary to specify, prove or determine the quantity of water in cubic feet per second, but is meant only to remove for the future any uncertainty that may have existed as to such necessity.

[1:201:1925; NCL § 7979]

NRS 533.492

NRS

533.492

Subsisting right to water livestock: Manner of proof; marking of location of right.

A subsisting right to water livestock may be proven by an owner of livestock by one or more of the following items of evidence for the number of livestock and date of priority:

(a) As to water rights on open range, whether public lands or unfenced private lands or a combination of these:

(1) A statement of priority of use submitted to the Taylor Grazing Service, predecessor to the Bureau of Land Management, to show the numbers of livestock grazed upon the open range, for years from 1928 to 1934, inclusive, if accompanied by evidence of changes or absence of change since the date of the statement;

(2) A license issued by the Taylor Grazing Service for use upon the open range; or

(3) A statement of priority of use, or a license, issued by the United States Forest Service for the grazing of livestock before 1950.

(b) As to water rights on other privately owned land:

(1) An affidavit concerning the number and kind of livestock by a person familiar with the use made of the lands;

(2) A record of livestock assessed to the claimant of the right, or the claimants predecessor, by a county assessor;

(3) A count of livestock belonging to the claimant or the claimants predecessor made by a lender; or

(4) An affidavit of a disinterested person.

The location of a subsisting right to water livestock and its extent along a stream may be shown by marking upon a topographic map whose scale is not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude and by further identifying the location or extent by one-sixteenth sections within a numbered section, township and range as certified by a registered state water right surveyor.

(Added to NRS by 1993, 1944 ; A 2017, 3504 )

NRS 533.503

NRS

533.503

Restrictions on issuance of permit or certificate regarding appropriation to water livestock.

The State Engineer shall not issue a permit to appropriate water for the purpose of watering livestock unless:

(a) The applicant for the permit is legally entitled to place the livestock on the lands for which the permit is sought, and:

(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock on or to be placed on the lands for which the permit is sought; or

(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock on or to be placed on the lands for which the permit is sought, and authorization to care for, control and maintain such livestock;

(b) The forage serving the beneficial use of the water to be appropriated is not encumbered by an adjudicated grazing preference recognized pursuant to law for the benefit of a person other than the applicant for the permit; and

(c) The lack of encumbrance required by paragraph (b) is demonstrated by reasonable means, including, without limitation, evidence of a valid grazing permit, other than a temporary grazing permit, that is issued by the appropriate governmental entity to the applicant for the permit.

The State Engineer shall not issue a certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock unless:

(a) The holder of the permit makes satisfactory proof that the water has been beneficially used, is legally entitled to place on the lands the livestock which have been watered pursuant to the permit, and:

(1) Owns, leases or otherwise possesses a legal or proprietary interest in the livestock which have been watered pursuant to the permit; or

(2) Has received from a person described in subparagraph (1), authorization to have physical custody of the livestock which have been watered pursuant to the permit, and authorization to care for, control and maintain such livestock;

(b) The forage serving the beneficial use of the water that has been beneficially used is not encumbered by an adjudicated grazing preference recognized pursuant to law for the benefit of a person other than the holder of the permit; and

This section must not be construed to impair the vested right of any person to the use of water for the purpose of watering livestock or to prevent any transfer of ownership of a water right for the purpose of watering livestock.
As used in this section, grazing preference means a priority position in the issuance of a permit to graze livestock on the public range.

(Added to NRS by 1995, 2522 ; A 2003, 3411 )

NRS 534.090

NRS

534.090

Forfeiture and abandonment of rights.

Except as otherwise provided in this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right or a right for which a certificate has been issued pursuant to NRS 533.425 , and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse.
If the records of the State Engineer or any other documents obtained by or provided to the State Engineer indicate 4 or more consecutive years of nonuse of all or any part of a water right which is governed by this chapter:

(a) The State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail of the nonuse and that the owner has 1 year after the date of the notice of nonuse in which to use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection 3 to avoid forfeiting the water right.

(b) If, after 1 year after the date of the notice of nonuse pursuant to paragraph (a), proof of resumption of beneficial use is not filed in the Office of the State Engineer, the State Engineer shall, unless the State Engineer has granted a request to extend the time necessary to work a forfeiture of the water right, send a final notice to the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail, that the water right is held for forfeiture. If the owner of the water right, within 30 days after the date of such final notice, fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture, the State Engineer shall declare the right, or the portion of the right not returned to beneficial use, forfeited. The State Engineer shall send notice of the declaration of forfeiture, by registered or certified mail, to the owner of record, as determined in the records of the Office of the State Engineer, of the water right that has been declared forfeited.

(c) If, after receipt of a notice of the declaration of forfeiture pursuant to paragraph (b), the owner of record of the water right fails to appeal the ruling in the manner provided for in NRS 533.450 , and within the time provided for therein, the forfeiture becomes final. Upon the forfeiture of the water right, the water reverts to the public and is available for further appropriation, subject to existing rights.

The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under subsection 2 if the request is made before the expiration of the time necessary to work a forfeiture. Except as otherwise provided in subsection 4, the State Engineer may grant, upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year. In determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:

(a) Whether the holder has submitted proof and evidence that the holder is proceeding in good faith and with reasonable diligence to resume use of the water beneficially for the purpose for which the holders right is acquired or claimed;

(b) The number of years during which the water has not been put to the beneficial use for which the right is acquired or claimed;

(d) Whether the water right is located in a basin within a county under a declaration of drought by the Governor, United States Secretary of Agriculture or the President of the United States;

(e) Whether the holder has demonstrated efforts to conserve water which have resulted in a reduction in water consumption;

(f) Whether the water right is located in a basin that has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110 ;

(g) The date of priority of the water right as it relates to the potential curtailment of water use in the basin;

(h) The availability of water in the basin, including, without limitation, whether withdrawals of water consistently exceed the perennial yield of the basin; and

(i) Any orders restricting use or appropriation of water in the basin.

Ê The State Engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the Office of the State Engineer, of whether the State Engineer has granted or denied the holders request for an extension pursuant to this subsection. If the State Engineer grants an extension pursuant to this subsection and, before the expiration of that extension, proof of resumption of beneficial use or another request for an extension is not filed in the Office of the State Engineer, the State Engineer shall send a final notice to the owner of the water right, by registered or certified mail, that the water right will be declared forfeited if the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of the final notice. If the owner of the water right fails to file the required proof of resumption of beneficial use or an application for an extension of time to prevent forfeiture within 30 days after the date of such final notice, the State Engineer shall declare the water right, or the portion of the right not returned to beneficial use, forfeited.

If the State Engineer grants an extension pursuant to subsection 1 in a basin:

(a) Where withdrawals of groundwater consistently exceed the perennial yield of the basin; or

(b) That has been designated as a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110 ,

Ê a single extension must not exceed 3 years, but any number of extensions may be granted to the holder of such a right.

The failure to receive a notice pursuant to subsection 2 or 3 does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.
A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his or her examination that an abandonment has taken place, the State Engineer shall so state in the ruling approving the application. If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450 , and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.

[9a:178:1939; added 1947, 52 ; 1943 NCL § 7993.18a]—(NRS A 1967, 193 , 1053 ;

1981, 1842 ; 1983, 1650 ; 1995, 1016 ; 2003, 651 ; 2007, 844 ; 2011, 504 , 1384 ;

2017, 656 , 3505 )

NRS 539.553

NRS

539.553

Conduct of election; number of votes elector may cast; certain persons and entities entitled to vote; filing of designations or written consents; informalities not to invalidate election.

In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure must be followed:

The secretary of the district shall prepare from the book of assessments a list of all electors qualified by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123 , showing the number of acres listed to each such elector, or the percentage interest in acreage held by each elector who holds an undivided interest in land.
At the time and place appointed for the election, the list must be open for inspection. If both spouses vote with respect to acreage in which their interest is community property, the number of votes attributed to that acreage must be divided equally between them. If one holder of an undivided interest votes with the consent of his or her fellow holders, the entire acreage must be attributed to him or her.
An elector is entitled to vote on the proposal according to the land which the elector owns outright, as follows:

(a) Ten acres or less, one vote;

(b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and

Ê The district shall issue a separate ballot for each vote which an elector is entitled to cast.

If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 3 that is equal to his or her percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his or her fellow holders.
A guardian, executor or administrator shall be deemed the holder of title or evidence of title to the land in the State for which he or she is the guardian, executor or administrator, and has the right to vote pursuant to this section. If there is more than one guardian, executor or administrator, they must designate one of their number to vote pursuant to this section.
Corporations, partnerships or limited-liability companies holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, the manager of such a limited-liability company, or any other person authorized in writing by the president of the corporation, the general partner of the partnership or the members of the limited-liability company, may cast the vote of the corporation, partnership or limited-liability company pursuant to this section. If a partnership has more than one general partner, the general partners must designate one of their number to cast the vote of the partnership pursuant to this section. If a limited-liability company:

(a) Has more than one manager, the managers must designate one of their number to cast the vote of the limited-liability company pursuant to this section.

(b) Does not have a manager, the members must designate one of their number to cast the vote of the limited-liability company pursuant to this section.

A trustee shall be deemed the holder of title or evidence of title to the land in the State for which he or she is the trustee, and has the right to vote pursuant to this section or designate one of the beneficiaries of the trust to vote pursuant to this section. If there is more than one trustee, the trustees must designate one of their number to vote pursuant to this section or designate one of the beneficiaries of the trust to vote pursuant to this section.
Designations or written consents for the purposes of voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.
At the end of the time appointed for voting, the secretary of the district shall determine the total number of votes cast approving the proposal and shall declare it passed if the proposal is approved by a majority of the votes cast.
If the proposal is not so approved, it is rejected and the result must be entered of record.
No informalities in conducting the election invalidate the result if the election is fairly conducted and the result can be clearly ascertained.
For the purposes of this section, eligibility to vote and the number of acres listed to each elector must be determined from the current book of assessments. The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.

[Part 15:64:1919; A 1921, 118 ; NCL § 8026]—(NRS A 1967, 1215 ; 1969, 509 ; 1979, 481 ; 1981, 517 ; 1985, 2063 ; 1989, 1174 ; 1991, 1086 ; 1997, 1308 ; 2019, 443 )

NRS 544.150

NRS

544.150

Conditions for issuance of permits.

The Director shall issue permits in accordance with such procedures and subject to such conditions as the Director may by regulation establish to effectuate the provisions of NRS 544.070 to 544.240 , inclusive, only:

If the applicant is licensed pursuant to NRS 544.070 to 544.240 , inclusive.
If a sufficient notice of intention is published and proof of publication is filed as required by NRS 544.180 .
If the applicant furnishes proof of financial responsibility, as provided in NRS 544.190 , in an amount as may be determined by the Director but not to exceed $20,000.
If the fee for a permit is paid as required by NRS 544.200 .

(Added to NRS by 1961, 694 )

NRS 544.180

NRS

544.180

Notice of intention: Publication; filing of proof of publication.

The applicant shall cause the notice of intention, or that portion thereof including the items specified in NRS 544.170 , to be published at least once a week for 3 consecutive weeks in a newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or, if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county.
Proof of publication, made in the manner provided by law, shall be filed by the licensee with the Director within 15 days from the date of the last publication of the notice.

(Added to NRS by 1961, 695 )

NRS 544.190

NRS

544.190

Proof of financial responsibility.

Proof of financial responsibility may be furnished by an applicant by the applicants showing, to the satisfaction of the Director, the applicants ability to respond in damages for liability which might reasonably be attached to or result from weather modification and control activities in connection with the operation for which the applicant seeks a permit; but the applicant need not show ability to respond in damages for liability resulting from precipitation caused by weather modification experiments.

(Added to NRS by 1961, 695 ; A 1967, 159 )

NRS 548.245

NRS

548.245

Proof of establishment of district.

In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Program.
A copy of such a certificate issued by the Program is admissible in evidence in any such suit, action or proceeding and is proof of the contents thereof.

[Part 5:212:1937; A 1947, 431 ; 1951, 190 ]—(NRS A 1985, 780 ; 2011, 2485 )

Election of First Supervisors After Organization

NRS 554.080

NRS

554.080

Criminal proceedings: Proof of disease or exposure to disease.

In any criminal proceeding arising under NRS 554.020 to 554.080 , inclusive, proof that any commodity, prohibited by proclamation of quarantine from importation into or transportation through this State, was imported into or transported through this State in violation of such quarantine shall be deemed proof within the meaning of NRS 554.020 to 554.080 , inclusive, that the same was diseased, exposed to disease or infested, or exposed to infestation.

[Part 2:99:1927; NCL § 427]—(NRS A 2015, 3585 )

INTRASTATE QUARANTINE

NRS 554.230

NRS

554.230

Criminal proceedings: Proof of disease, exposure to disease or infestation.

In any criminal proceeding arising under NRS 554.110 to 554.240 , inclusive, proof that any agricultural commodity, forbidden by a proclamation of a quarantine from export, was exported in violation of the quarantine shall be deemed proof, within the meaning of NRS 554.110 to 554.240 , inclusive, that the agricultural commodity was diseased, exposed to disease or infested.

[Part 1:280:1913; 1919 RL p. 2625; NCL § 436]—(NRS A 1961, 521 ; 2001, 699 )

PENALTIES

NRS 555.330

NRS

555.330

Proof of insurance required of applicant for business license; actions by injured persons; limitation of actions; investigations by Director.

The Director shall require from each applicant for a business license proof of public liability and property damage insurance in an amount of:

(a) Except as otherwise provided in paragraph (b), not less than $50,000.

(b) If the business license would authorize the application of pesticides by aircraft:

(1) Not less than $100,000 for bodily injury to or death of one person in any one accident;

(2) Subject to the limit for one person, not less than $300,000 for bodily injury to or death of two or more persons in any one accident; and

(3) Not less than $100,000 for each occurrence of damage to property in any one accident.

Ê The Director may accept a liability insurance policy or surety bond in the proper amount.

The Director may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to humans, livestock, wildlife, crops or plantlife.
Any person injured by the breach of any such obligation is entitled to sue in his or her own name in any court of competent jurisdiction to recover the damages the person sustained by that breach, if each claim is made within 6 months after the alleged injury.
The Director on his or her own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he or she deems necessary, any loss or damage resulting from the application of any pesticide by a licensed applicator, commercial applicator, authorized commercial applicator, licensed pest control operator, primary principal, location principal or principal. A verified complaint of loss or damage must be filed within 60 days after the time that the occurrence of the loss or damage becomes known except that, if a growing crop is alleged to have been damaged, the verified complaint must be filed before 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint must be furnished to the person who filed the complaint.

[Part 3:215:1955]—(NRS A 1957, 753 ; 1961, 531 ; 1965, 65 ; 1967, 369 ; 1969, 353 ; 1971, 1255 ; 1981, 612 ; 1983, 231 ; 1987, 170 ; 1993, 1717 ; 1999, 3649 ; 2001, 469 ; 2013, 1326 ; 2017, 348 ; 2021, 156 )

NRS 555.350

NRS

555.350

Suspension, revocation or modification of business license or license issued to applicator; background check required when disciplinary action initiated.

The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any business license or license issued to an applicator under NRS 555.2605 to 555.460 , inclusive, if the Director finds that:

(a) The licensee is no longer qualified;

(b) The licensee has engaged in fraudulent business practices in pest control;

(c) The licensee has made false or fraudulent claims through any media by misrepresenting the effect of materials or methods to be used;

(d) The licensee has applied known ineffective or improper materials;

(e) The licensee has operated faulty or unsafe equipment;

(f) The licensee has made any application of materials in a manner inconsistent with labeling or any restriction imposed by regulation of the Director, or otherwise in a faulty, careless or negligent manner;

(g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460 , inclusive, or regulations adopted pursuant thereto;

(h) The licensee has engaged in the business of pest control without having a licensed agent, operator, primary principal or principal in direct on-the-job supervision;

(i) The licensee has aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460 , inclusive, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed the license to be used by an unlicensed person;

(j) The licensee was intentionally guilty of fraud or deception in the procurement of the license;

(k) The licensee was intentionally guilty of fraud, falsification or deception in the issuance of an inspection report on wood-destroying pests or other report or record required by regulation;

(l) The licensee has been convicted of, or entered a plea of nolo contendere to, a category A or B felony or a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country; or

(m) The licensee has failed to provide adequate instruction or supervision to any unlicensed applicator working under the supervision of the licensee.

A business license and any license issued to a principal of the business as an applicator is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330 is cancelled, and the licenses remain suspended until the insurance is re-established.
If the licensee is a natural person, any licensee against whom the Director initiates disciplinary action pursuant to this section shall, within 30 days after receiving written notice of the disciplinary action from the Director and in accordance with any regulations adopted by the Department, submit to the Director any document or other information required by the Department to perform a background check of the licensee. Any document or other information submitted pursuant to this subsection must be accompanied by the appropriate fees, if any, specified in regulations adopted by the Department for performing the background check. A willful failure of a licensee to comply with the requirements of this subsection constitutes an additional ground for the revocation, suspension or modification of the license pursuant to this section.

[Part 3:215:1955]—(NRS A 1959, 244 ; 1961, 531 ; 1965, 66 ; 1967, 369 ; 1969, 353 ; 1971, 1255 ; 1975, 358 ; 1981, 612 ; 1993, 1717 ; 1999, 3649 ; 2003, 540 ; 2007, 984 ; 2013, 1327 ; 2017, 349 ; 2019, 2946 ; 2021, 157 )

NRS 557.200

NRS

557.200

Registration as grower, handler or producer; submission of application; establishment of provisions for transfer of registration and fees by regulation; fingerprints or background check.

A person shall not grow or handle hemp or produce agricultural hemp seed unless the person is registered with the Department as a grower, handler or producer, as applicable.
A person who wishes to grow or handle hemp must register with the Department as a grower or handler, as applicable.
A person who wishes to produce agricultural hemp seed must register with the Department as a producer unless the person is:

(a) A grower registered pursuant to subsection 2 who retains agricultural hemp seed solely pursuant to subsection 3 of NRS 557.250 ; or

(b) A grower or handler registered pursuant to subsection 2 who processes seeds of any plant of the genus Cannabis which are incapable of germination into commodities or products.

Ê A person may not register as a producer unless the person is also registered as a grower or handler.

A person who wishes to register with the Department as a grower, handler or producer must, on or before July 1 of any year, submit to the Department the fee established pursuant to subsection 8 and an application, on a form prescribed by the Department, which includes:

(a) The name and address of the applicant;

(b) The name and address of the applicants business in which hemp or agricultural hemp seed will be grown, handled or produced, if different than that of the applicant;

(d) Such other information as the Department may require by regulation.

Registration as a grower, handler or producer expires on December 31 of each year and may be renewed upon submission of an application for renewal containing:

(a) Proof satisfactory to the Department that the applicant complied with the provisions of this chapter and the regulations adopted pursuant thereto relating to testing of hemp;

(b) Proof satisfactory to the Department that the land and crop management practices of the applicant are adequate, consistent with any previous information submitted to the Department and do not negatively affect natural resources; and

A grower, handler or producer who intends to surrender or not renew a registration must notify the Department not less than 30 days before the registration is surrendered or expires and submit to the Department a plan for the effective disposal or eradication of any existing live plants, viable seed or harvested crop.
The Department shall adopt regulations that authorize the transfer of a registration as a grower, handler or producer and establish conditions for such a transfer. The regulations must include, without limitation, provisions which allow a grower, handler or producer which changes its business name or the ownership of the grower, handler or producer to transfer its registration to the new entity.
The Department shall establish by regulation fees for the issuance and renewal of registration as a grower, handler or producer and for any other service performed by the Department in an amount necessary to cover the costs of carrying out this chapter.
For the purpose of demonstrating compliance with 7 C.F.R. § 990.6, each applicant to register as a grower, handler or producer or to transfer such a registration must submit with his or her application a complete set of the applicants fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints of the applicant.
In lieu of submitting a complete set of his or her fingerprints and written permission pursuant to subsection 9, an applicant may, in accordance with regulations adopted by the Department, submit any document or other information required by the Department to perform a background check of the applicant to verify the eligibility of the applicant in accordance with 7 C.F.R. § 990.6.

(Added to NRS by 2017, 1344 ; A 2019, 2352 , 2584 ;

2021, 704 )

NRS 564.075

NRS

564.075

Amendment of record of brands and marks; application; form.

The owner of a brand or brand and mark or marks whose ownership is recorded by the Department pursuant to NRS 564.070 may apply to the Department to amend the record:

(a) By changing his or her name as it appears in the record if:

(1) The owners name is changed by court order pursuant to an adoption, a divorce, an adjudication of paternity, a petition for a change of name or other legal proceeding;

(2) The owner changes his or her name upon marriage;

(3) The owner transfers the ownership of the brand or brand and mark or marks to or from a revocable trust of which the owner is a beneficiary;

(4) The record shows that the brand or brand and mark or marks is owned by joint tenants with the right of survivorship and the owner is the surviving joint tenant;

(5) The owner is a partnership, corporation or other business entity and the change in the name of the owner is the result of a change in the identity or form of the business entity or a transfer of the ownership of the brand, brand and mark or marks to a business entity that has identical common ownership; or

(6) The owner applies on the basis of a comparable event, transaction or other occurrence.

(b) By removing the name of a person who is included in the record in the capacity of a parent or guardian of the owner if the owner was a minor at the time his or her ownership was recorded by the Department and the owner is 18 years of age or older.

An application to amend the record pursuant to this section must be:

(a) On a form provided by the Department; and

(b) Accompanied by written proof of the event, transaction or other occurrence that is the basis for the application.

If the Department determines that the requested amendment to the record does not affect the ownership of a brand or brand and mark or marks or create confusion concerning its ownership, the Department shall:

(a) Amend the record by changing the name of the owner or removing the name of the parent or guardian of the owner; and

(b) Provide the owner with an amended certificate of recordation.

(Added to NRS by 2007, 904 )

NRS 564.110

NRS

564.110

Brands and marks subject to transfer; recording of instruments transferring ownership; notice to Department of existence of security agreement, assignment or lien.

Any brand or brand and mark or marks awarded and recorded and remaining of record in accordance with the terms of this chapter, including those transferred legally as provided in this section, are the property of the person to whom they stand of record as provided in this chapter and are subject to sale, assignment, transfer, security agreement or lien, devise and descent the same as other personal property.
Instruments of writing evidencing the sale, assignment, transfer, security agreement, lien, devise or descent must be in that form, as to text, signatures, witnesses, acknowledgments or certifications, required by statutes, in the case of the kind of instrument concerned, but the Department may secure such competent legal advice or rulings, and require such supporting evidence as it deems necessary, as to such instruments of writing, being in fact, authentic and in legal form, before approving and recording those instruments of writing as provided in this chapter.
Instruments in writing evidencing the transfer of ownership of any brand or brand and mark or marks must, after approval, be recorded in the office of the Department in a book to be provided for that purpose, and are not legally binding until so approved by the Department and recorded. In addition to any other format, the Department shall prepare and maintain the book required by this subsection in an electronic format. The Department may include, in any fee collected by the Department for the recording of the instruments pursuant to NRS 564.080 , any costs incurred by the Department in preparing and maintaining the book in an electronic format pursuant to this subsection.
The recording of those instruments has the same force and effect as to third parties as the recording of instruments affecting the sale, assignment, transfer, devise or descent of other personal property. The original, or a certified copy of any such instrument, may be introduced in evidence in the same manner as is provided for similar instruments affecting personal property, and the record of the instrument or instruments of transfer, or the transcript thereof certified by the custodian of the record, may be read in evidence without further proof.
If any brand or brand and mark or marks of record, in accordance with the provisions of this chapter, becomes the subject of, or is included in, any security agreement, provisional assignment or legal lien, the secured party, provisional assignee or lienholder may notify the Department in writing as to the existence and conditions of the security agreement, provisional assignment or lien. After the receipt of the written notice, the Department shall not transfer the brand or brand and mark or marks, other than to the secured party, provisional assignee or lienholder until there is filed with the Department satisfactory legal evidence that the security agreement, provisional assignment or lien has been legally satisfied and removed.
No transfer or change, or partial, joint or complete ownership, of any brand under the provisions of this section:

(a) Grants or recognizes any change in the method or area of its use from that authorized at the time of recording, or subsequent thereto but before the transfer or change of ownership; or

(b) Waives or modifies the rerecording requirements set forth in NRS 564.120 .

[11:26:1923; A 1937, 154 ; 1945, 225 ; 1943 NCL § 3800]—(NRS A 1961, 537 ; 1965, 943 ; 1993, 1737 ; 1999, 3674 ; 2011, 685 )

NRS 564.115

NRS

564.115

Transfer of brands and marks upon death of owner.

Upon the death of the owner of a brand or brand and mark or marks, the personal representative of the deceased owner, or any other person with the legal authority to act on behalf of the deceased owner, may execute any written instrument and perform any other act required by the Department to transfer the ownership of the brand or brand and mark or marks.
A person who wishes to act on behalf of a deceased owner pursuant to this section must provide the Department with written proof of the persons legal authority to act on behalf of the deceased owner.
As used in this section, personal representative has the meaning ascribed to it in NRS 132.265 .

(Added to NRS by 2007, 905 )

NRS 565.095

NRS

565.095

Transportation of saddle horse without brand inspection or livestock movement permit.

Any person who resides in a state which does not require the use or inspection of a brand for a horse in that state may transport a saddle horse owned by that person into and from this State without a brand inspection or livestock movement permit issued by the Department. Any saddle horse transported pursuant to this section must not remain in this State for more than 15 days or any shorter period specified by the Department and must not be transported into or from this State more than once during that period. Upon request by the Department, a person who transports a saddle horse pursuant to this section shall present to the Department a certificate of health for the saddle horse and a bill of sale or other proof of ownership of the saddle horse required by the Department.
As used in this section, saddle horse means any horse which is ridden or otherwise used by a person while competing or participating in a rodeo, horse show or other contest of skill in this State other than a bucking event at that rodeo, horse show or contest of skill.

(Added to NRS by 2011, 687 )

NRS 571.100

NRS

571.100

Criminal proceedings: Proof of disease or exposure to disease.

In any criminal proceeding arising under the provisions of NRS 571.045 to 571.110 , inclusive, proof that any animal, prohibited by proclamation of quarantine from importation into or transportation through this state, was imported into or transported through this state in violation of the quarantine shall be deemed proof within the meaning of NRS 571.045 to 571.110 , inclusive, that the animal was diseased, exposed to disease or infected, or exposed to infection.

(Added to NRS by 1961, 509 ; A 2003, 2158 )

NRS 573.020

NRS

573.020

Holding of public livestock auction without license prohibited; procedure for application for license.

A person shall not hold, operate, conduct or carry on a public livestock auction in this state without first securing a license therefor from the Department.
The application for a license must be on a form prescribed and furnished by the Department and set forth:

(a) The name of the operator of the public livestock auction.

(b) The location of the establishment or premises where the public livestock auction will be conducted.

(d) A description of the facilities that will be used to conduct the public livestock auction.

(e) The weekly or monthly sales day or days on which the applicant proposes to operate the applicants public livestock auction.

(f) The name and address of the bank or credit union where the custodial account for consignors proceeds will be established and maintained by the operator of the public livestock auction in compliance with the provisions of NRS 573.104 .

(g) Such other information as the Department reasonably may require, including, without limitation, proof that at the time of application the applicant has a line of credit established at a bank or credit union in the State of Nevada in the amount of $400,000 or more.

The application must be accompanied by a bond or deposit receipt and the required fee as provided in this chapter.

[2:78:1947; 1943 NCL § 3825.02]—(NRS A 1961, 551 ; 1965, 379 ; 1993, 1750 ; 1999, 1513 , 3689 ;

2001, 91 ; 2015, 3611 )

NRS 574.055

NRS

574.055

Taking possession of animal being treated cruelly; notice to owner; lien for cost of care; disposition of animal; liability of peace officer or animal control officer; limitations and procedure when animal is located on agricultural land.

Except as otherwise provided in NRS 574.201 to 574.204 , inclusive:

Any peace officer or animal control officer shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.
If an officer takes possession of an animal, the officer shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, the fact that there is a limited lien on the animal for the cost of shelter and care and notice of the right of the owner to request a hearing pursuant to NRS 574.203 within 5 days after receipt of the notice. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, the officer shall post the notice on the property from which the officer takes the animal. If the identity and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made.
An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks.
Upon proof that the owner has been notified in accordance with the provisions of subsection 2 or, if the owner has not been found or identified, that the required notice has been posted on the property where the animal was found, a court of competent jurisdiction may, after providing an opportunity for a hearing, order the animal sold at auction, humanely destroyed or continued in the care of the officer for such disposition as the officer sees fit.
An officer who seizes an animal pursuant to this section is not liable for any action arising out of the taking or humane destruction of the animal.
The provisions of this section do not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030 unless the owner of the animal or the person charged with the care of the animal is in violation of paragraph (c) of subsection 1 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or the sheriffs designee, a licensed veterinarian and the district brand inspector or the district brand inspectors designee. In such a case, the sheriff shall direct that the impoundment occur not later than 48 hours after the veterinarian determines that a violation of paragraph (c) of subsection 1 of NRS 574.100 exists.
The owner of an animal impounded in accordance with the provisions of subsection 6 must, before the animal is released to the owners custody, pay the charges approved by the sheriff as reasonably related to the impoundment, including the charges for the animals food and water. If the owner is unable or refuses to pay the charges, the State Department of Agriculture shall sell the animal. The Department shall pay to the owner the proceeds of the sale remaining after deducting the charges reasonably related to the impoundment.

(Added to NRS by 1981, 671 ; A 1989, 272 ; 1991, 10 ; 1993, 1758 ; 1999, 2517 , 3698 ;

2001, 186 ; 2011, 1604 ; 2017, 2253 ; 2019, 1777 )

NRS 584.567

NRS

584.567

Amendment or termination of plan: Petition; hearing.

An amendment or termination of a stabilization and marketing plan may be initiated by filing a petition with the Director. The petition, filed in four copies, must include:

(a) The name and address of every person joining in the petition. If the petitioner is a cooperative association of producers, a partnership or corporation, the names of the authorized representative or representatives thereof shall be listed.

(b) A concise statement of the specific relief requested.

(d) A statement of the substantiating evidence.

The petition must be signed by the petitioners, and an affidavit must accompany each petition stating that the facts therein are true and correct to the best of the petitioners knowledge, information and belief.
There must be attached as an exhibit to the original copy only of each petition filed substantiating evidence in support of the petition. Additional information must be supplied to the Director upon request.
Any person may, before the hearing, examine a copy of the petition and accompanying statements, but not the exhibits attached thereto, and file an answer, protest or any other statement concerning the petition.
At the hearing, the burden of proof is on the petitioners to show by clear and satisfactory evidence that the amendment or termination of a plan is necessary.
After the petitioners have presented their evidence, the staff of the Department shall, and any other person may, present evidence in support of or in protest of the proposed action.

(Added to NRS by 1975, 1496 ; A 1977, 1640 ; 1979, 1308 )—(Substituted in revision for NRS 584.522)

NRS 587.696

NRS

587.696

Registration to produce acidified foods: Requirements and qualifications; period of validity; renewal; provision of updates and information by Department to registrants; inspections; fees.

The Department shall register a person who produces acidified foods if the person:

(a) Completes a course of training in basic food safety and the preparation and canning of acidified foods which has been approved by the Department;

(b) Passes an examination on the preparation of acidified foods which has been approved by the Department;

(d) Provides the Department with such information as the Department deems appropriate, including, without limitation:

(1) The name, address and contact information of the natural person who is producing the acidified foods; and

(2) If the acidified foods are sold under a name other than that of the natural person who produces the acidified foods, the name under which the natural person sells the acidified foods.

A registration that is issued or otherwise recorded pursuant to subsection 1 is valid for 3 years after the date of initial registration and may be renewed pursuant to the provisions of subsection 3.
The Department shall renew a registration that is issued or otherwise recorded pursuant to subsection 1 every 3 years if the person:

(a) Provides proof satisfactory to the Department that the person has complied with the requirements of NRS 587.695 ;

(b) Completes a course of training in basic food safety and the preparation and canning of acidified foods which has been approved by the Department;

(d) Pays the renewal fee prescribed by the Department; and

(e) Provides the Department with any such information as the Department deems appropriate.

The Department shall provide to each person registered to produce acidified foods pursuant to this section:

(a) Periodic updates on, without limitation, the testing and preparation of acidified foods; and

(b) Information about workshops or other training opportunities related to the safe production of acidified foods.

The Department may inspect the premises of a person registered to produce acidified foods pursuant to this section only to investigate a food item that may be deemed to be adulterated pursuant to NRS 585.300 to 585.360 , inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item. The producer of acidified foods shall cooperate with the Department in any such inspection. If, as a result of such an inspection, the Department determines that the producer of acidified foods has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the Department may charge and collect from the producer of acidified foods a fee in an amount that does not exceed the actual cost to the Department to conduct the investigation.
The Department may charge a reasonable fee for:

(a) Registration pursuant to subsection 1;

(b) Renewal of a registration pursuant to subsection 3;

(d) An examination pursuant to subsections 1 and 3; and

(e) An investigation conducted pursuant to subsection 5.

(Added to NRS by 2015, 1259 )

NRS 590.071

NRS

590.071

Powers and duties of State Board of Agriculture concerning specifications for motor vehicle fuel, diesel exhaust fluid, aviation fuel and petroleum heating products.

The State Board of Agriculture shall:

(a) Enforce the specifications for motor vehicle fuel adopted by regulation pursuant to NRS 590.070 .

(b) Enforce the specification standards for diesel exhaust fluid adopted by regulation pursuant to NRS 590.072 .

(d) Enforce the specification standards for petroleum heating products adopted by regulation pursuant to NRS 590.090 .

(e) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070 , 590.072 , 590.073

and 590.090 . The maximum fine that may be imposed by the Board for each violation must not exceed $5,000 per day. All fines collected by the Board pursuant to the regulations adopted pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

The State Board of Agriculture may:

(a) Adopt regulations approving other types of proof of transfer as described in subsection 9 of NRS 590.100 . Such proof of transfer must contain:

(1) The name of the person or business who makes the transfer;

(2) The name of the person or business to whom the petroleum product or motor vehicle fuel is transferred;

(3) The date of the transfer;

(4) If the motor vehicle fuel is gasoline, the octane rating number of the gasoline; and

(5) If the meter readings and physical inventory is taken or caused to be taken pursuant to subsection 5 of NRS 590.100 , the volume, in gallons, of the petroleum product or motor vehicle fuel that is transferred.

(b) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation.

(c) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the Board suspects may have violated any provision of NRS 590.070 , 590.072 , 590.073

or 590.090 .

(Added to NRS by 1989, 1949 ; A 2001, 852 ; 2005, 657 ; 2007, 1987 ; 2021, 139 )

NRS 590.100

NRS

590.100

Powers and duties of State Sealer of Measurement Standards and Nevada Highway Patrol.

The State Sealer of Measurement Standards is charged with the proper enforcement of NRS 590.010 to 590.150 , inclusive, and has the following powers and duties:

The State Sealer of Measurement Standards may publish reports relating to petroleum products and motor vehicle fuel in such form and at such times as he or she deems necessary.
The State Sealer of Measurement Standards, or the appointees thereof, shall inspect and check the accuracy of all measuring devices for petroleum products and motor vehicle fuel maintained in this State, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Institute of Standards and Technology.
The State Sealer of Measurement Standards, or the appointees thereof, or any member of the Nevada Highway Patrol, may take such samples as he or she deems necessary of any petroleum product or motor vehicle fuel that is kept, transported or stored within the State of Nevada. If the person, or any officer, agent or employee thereof, from which a sample is taken at the time of taking demands payment, then the person taking the sample shall pay the reasonable market price for the quantity taken.
The State Sealer of Measurement Standards, or the appointees thereof, may close and seal the outlets of any containers, pumps, dispensers or storage tanks connected thereto which are unlabeled or mislabeled or which contain any petroleum product or motor vehicle fuel which, if sold, would violate any of the provisions of NRS 590.010 to 590.150 , inclusive, and shall post, in a conspicuous place on the premises where those containers, pumps, dispensers or storage tanks have been sealed, a notice stating that the action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150 , inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110 .
Upon closing and sealing an outlet pursuant to subsection 4, the State Sealer of Measurement Standards, or the appointees thereof:

(a) May take or cause to be taken meter readings and a physical inventory of the petroleum product or motor vehicle fuel; and

(b) If meter readings and an inventory are taken pursuant to paragraph (a), shall ensure that the findings of the meter readings and physical inventory are reported in the confirmation for disposition.

If a violation of any of the provisions of NRS 590.010 to 590.150 , inclusive, occurs at a bulk storage facility, the operator of the bulk storage facility shall, within 12 hours after being notified by the State Sealer of Measurement Standards, or the appointees thereof, of the violation, make any arrangements necessary to replace or adjust the petroleum product or motor vehicle fuel so that the product or fuel is no longer in violation. Except as otherwise provided in this subsection, the operator of the bulk storage facility shall also, within 12 hours after being notified by the State Sealer of Measurement Standards, or the appointees thereof, notify all customers that have or may have received the petroleum product or motor vehicle fuel that is in violation. The operator of the bulk storage facility shall make available to the State Sealer of Measurement Standards, or the appointees thereof, upon request, a complete list of customers contacted and how such contact was made. The State Sealer of Measurement Standards may exempt from the notification requirement a bulk storage facility where such a violation occurs if:

(a) The petroleum product or motor vehicle fuel is used for blending purposes or is designed for special equipment or services; and

(b) The operator of the bulk storage facility can demonstrate that the distribution of the petroleum product or motor vehicle fuel will be restricted to those uses.

Except as otherwise provided in this subsection, the State Sealer of Measurement Standards, or the appointees thereof, shall, upon at least 24 hours notice to the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed pursuant to subsection 4, and at the time specified in the notice, break the seal for the purpose of permitting the removal of the contents of the container, pump, dispenser or storage tank. If the contents are not immediately and completely removed, the container, pump, dispenser or storage tank must be again sealed. The requirement to provide 24 hours notice pursuant to this subsection may be waived if the State Sealer of Measurement Standards, or the appointees thereof, and the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed agree in writing to the waiver.
After removing the contents pursuant to subsection 7 and before the contents may be disposed of, the method of disposition of the contents must be agreed to by the State Sealer of Measurement Standards, or the appointees thereof.
After the method of disposition of the contents is agreed to pursuant to subsection 8 and the disposition occurs, the person who disposes of the contents shall make available in writing to the State Sealer of Measurement Standards, or the appointees thereof, a confirmation of the disposition of the products in violation. Such a confirmation of disposition must include the volume, in gallons, of the petroleum product or motor vehicle fuel that is transferred if the meter readings and physical inventory are taken or caused to be taken pursuant to subsection 5. A confirmation of the disposition of the products in violation may be in the form of:

(a) A delivery ticket;

(b) An invoice;

(d) A bill of sale;

(e) A terminal ticket; or

(f) Any other proof of transfer that is approved by the State Board of Agriculture pursuant to paragraph (a) of subsection 2 of NRS 590.071 .

The State Sealer of Measurement Standards shall adopt regulations which are necessary for the enforcement of NRS 590.010 to 590.150 , inclusive.
It is unlawful for any person, or any officer, agent or employee thereof, to hinder, obstruct or prevent, or attempt to hinder, obstruct or prevent, the State Sealer of Measurement Standards, or the appointees thereof, or any member of the Nevada Highway Patrol, in the performance of his or her duties described in this section, including, without limitation, refusing to permit, during regular business hours, the State Sealer of Measurement Standards, or the appointees thereof, or any member of the Nevada Highway Patrol, access to property or equipment in this State.
As used in this section, bulk storage facility means a facility that is used to temporarily store a petroleum product or motor vehicle fuel in bulk before distribution of the petroleum product or motor vehicle fuel to retail, commercial or consumer outlets.

[10:157:1955]—(NRS A 1959, 619 ; 1961, 581 , 651 ;

1981, 529 ; 2005, 658 ; 2013, 2487 ; 2021, 141 )

NRS 590.615

NRS

590.615

Variances from rules, regulations or specifications: Considerations.

When the Board finds, under such conditions as may arise, a variation from its rules, regulations or specifications which does not impair the safety of the public and persons using the materials which would otherwise be secure by compliance with such rules, regulations or specifications, the Board may, upon written application, consideration and investigation, grant a variance from the terms of the rules, regulations or specifications on such conditions as it may specify to insure the safety of the public and persons using the materials or services. In granting the variance, the Board shall take into consideration one or more of the following circumstances or conditions and the application shall specify which of them are relied upon:

The purpose and meaning embodied in the regulation from which the variance is requested and its relative importance in balancing the interests of the licensee and the community or public.
The reasons why the rules, regulations or specifications cannot be complied with.
If a consumer tank is involved, whether or not a fire hazard will be created or is maintained.
The openings which may or may not be made into any buildings below any regulator or container vents.
Whether or not the adjacent walls or exposures are fireproof.
Whether or not the installation will be safe in the event the variance is allowed.
Whether or not the installation will be exposed to crashes by moving vehicles.
Any other factors or considerations which impose a hardship on the licensee or which the Board deems appropriate for the granting of a variance.

(Added to NRS by 1957, 482 ; A 2015, 1688 )

NRS 597.8194

NRS

597.8194

Termination or suspension of contracts upon deployment or permanent change of station authorized; proof; effective date.

A service member may, upon written notice to the service provider, terminate or suspend a contract for a service described in subsection 3 at any time after the date the service member receives military service orders:

(a) For a permanent change of station; or

(b) To deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 30 days.

If a service member receives military service orders for a permanent change of station, the spouse of the service member may, upon written notice to the service provider, terminate or suspend a contract for a service described in subsection 3 at any time after the date the service member receives the military service orders for a permanent change of station.
The provisions of subsections 1 and 2 apply to a contract for any of the following services:

(a) Except as otherwise provided in subsection 6, telecommunication service.

(b) Internet service.

(d) Video service.

The service member or the spouse of a service member must provide written proof to the service provider of the official military service orders showing that the service member has been relocated or deployed, as applicable:

(a) At the time written notice is given pursuant to subsection 1 or 2; or

(b) If precluded by military necessity or circumstances that make the provision of proof at that time unreasonable or impossible, within 90 days after the written notice is given.

A termination or suspension of a contract for services under this section is effective on the date on which written notice is given by the service member or the spouse of a service member, as applicable, pursuant to subsection 1 or 2. The termination or suspension of service does not eliminate or alter any contractual obligation to pay for services rendered before the effective date of the written notice, unless otherwise provided by law.
A service member may terminate a contract for cellular telephone service or telephone exchange service in accordance with the provisions of 50 U.S.C. § 3956.
As used in this section:

(a) Health club has the meaning ascribed to it in NRS 598.9415 .

(b) Telecommunication service has the meaning ascribed to it in NRS 711.135 .

(c) Video service means the provision of multichannel video programming generally considered comparable to video programming delivered by a television broadcast station, cable service or other digital television service, whether provided as part of a tier, on-demand or on a per channel basis, without regard to the technology used to deliver the video service.

(1) The term includes, without limitation:

(I) Cable service; and

(II) Internet protocol technology or any successor technology.

(2) The term does not include:

(I) Any video content provided solely as part of, and through, a service that enables users to access content, information, electronic mail or other services that are offered via the public Internet.

(II) Any wireless multichannel video programming provided by a commercial mobile service provider.

(Added to NRS by 2017, 218 )

NRS 597.945

NRS

597.945

Restrictions on printing expiration date or account number of credit card or debit card on receipt: Restrictions applicable to businesses which accept credit cards or debit cards; penalties; enforcement.

Except as otherwise provided in this section, if a business accepts credit cards or debit cards for the transaction of business, the business shall not:

(a) Print the expiration date of the credit card or debit card on any receipt provided to the cardholder;

(b) Print more than the last five digits of the account number of the credit card or debit card on any receipt provided to the cardholder; or

(c) Print more than the last five digits of the account number of the credit card or debit card on any copy of a receipt retained by the business.

This section:

(a) Applies only to receipts that are electronically printed.

(b) Does not apply to transactions in which the only means of recording the credit card or debit card number is:

(1) By handwriting the credit card or debit card number; or

(2) By imprinting or copying the credit card or debit card.

A business that violates any provision of this section is liable for a civil penalty in the amount of $500. The business must be given notice of the violation and 2 weeks to correct the violation. A business that does not correct the violation within 2 weeks after receiving notice of the violation is liable for an additional civil penalty in the amount of $1,000 per week until the business corrects the violation, except that the aggregate amount of civil penalties imposed on a business for violations which occur on the same premises must not exceed $4,500.
A civil penalty imposed pursuant to subsection 3 must be recovered in a civil action brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction. Any penalty collected pursuant to this section must be paid to the State Treasurer for credit to the State General Fund.
The Attorney General or the district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada against any business to restrain and prevent any violation of this section. The court may issue an injunction for those purposes without proof of actual damage sustained by any person.
A business that violates any order or injunction issued pursuant to this section is guilty of a gross misdemeanor.
As used in this section:

(a) Credit card means any instrument or device, whether known as a credit card, credit plate or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

(b) Debit card means any instrument or device, whether known as a debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value, subject to the issuer removing money from the checking account or savings account of the cardholder.

(Added to NRS by 2003, 1358 ; A 2009, 578 )

NRS 597.947

NRS

597.947

Restrictions on printing expiration date or account number of credit card or debit card on receipt: Restrictions applicable to manufacturer or supplier of device; penalty; enforcement.

A manufacturer or supplier of a cash register or other machine or device that prints receipts for transactions in which a credit card or debit card is used shall not provide, lease or sell for the transaction of business any equipment that does not allow a business to comply with the provisions of subsection 1 of NRS 597.945 .
The Attorney General or the district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada against any person to restrain and prevent any violation of this section. The court may issue an injunction for those purposes without proof of actual damage sustained by any person.
A person who violates any order or injunction issued pursuant to this section is guilty of a gross misdemeanor.
As used in this section:

(a) Credit card has the meaning ascribed to it in NRS 597.945 .

(b) Debit card has the meaning ascribed to it in NRS 597.945 .

(c) Supplier means a person engaged in the business of providing, leasing or selling cash registers or other machines or devices that are used to print receipts in the transaction of business.

(Added to NRS by 2009, 577 )

NRS 598.099

NRS

598.099

Injunctions without prior notice.

Whenever the district attorney or the Attorney General has reason to believe that the delay caused by complying with the notice requirement of NRS 598.0987 or the requirements of subsection 3 of NRS 598.0963 would cause immediate harm to the public of this state or endanger the public welfare, he or she may immediately institute an action for injunctive relief, including a request for a temporary restraining order, upon proof of specific facts shown by affidavit or by verified complaint or otherwise that such immediate harm will be or is likely to be caused by the delay. The Attorney General shall give written notice of the filing by the Attorney General of such an action to the Commissioner or Director. The Nevada Rules of Civil Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section.

(Added to NRS by 1973, 1487 ; A 1985, 1482 ; 2009, 2715 ; 2011, 2652 ; 2013, 1054 ; 2015, 3653 )

NRS 598.495

NRS

598.495

Security required to be deposited by tour broker and tour operator: Form; term; amount; records; rejection for nonconformance; change in form; inadequate amount.

Each tour broker and tour operator shall deposit with the Unit:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the tour broker or tour operator is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 672.755 . The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the tour broker or tour operator.

The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.
The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $10,000.
If the tour broker or tour operator deposits a bond, the tour broker or tour operator shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Unit during business hours. The tour broker or tour operator shall notify the Unit not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Unit.
The Commissioner may reject any bond, letter of credit or certificate of deposit that fails to conform to the requirements of this chapter.
A tour broker or tour operator may change the form of security that he or she has deposited with the Unit. If the tour broker or tour operator changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the tour broker or tour operator as security for claims arising during the time the previous security was in effect.
If the amount of the bond, letter of credit or certificate of deposit falls below the amount required by this section, the tour broker or tour operator shall, within 30 days, increase the amount of the bond, letter of credit or certificate of deposit to the amount required by this section.

(Added to NRS by 2001, 981 ; R temp. 2009, 2732 ; R temp. 2011, 2652 ; R temp. 2013, 1054 ; R temp. 2015, 3653 ; R temp. 2017, 2254 ; R temp. 2019, 2501 )

NRS 598.726

NRS

598.726

Security required for registration: Form; term; records; rejection for nonconformance; change in form; inadequate amount.

Each registrant shall deposit with the Division:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.
If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The registrant shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.
The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this chapter.
A registrant may change the form of security which he or she has deposited with the Division. If the registrant changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.
If the amount of the deposited security falls below the amount required by this chapter for that security, the registrant shall be deemed not to be registered as required by NRS 598.721 for the purposes of this chapter.

(Added to NRS by 1997, 3192 ; A 1999, 1517 )

NRS 598.772

NRS

598.772

Waiver of statutory rights prohibited; burden of proof upon person claiming exemption or exception from definition.

Any waiver by a buyer of the provisions of NRS 598.746 to 598.777 , inclusive, is contrary to public policy and is void and unenforceable. Any attempt by an organization to have a buyer waive rights given by NRS 598.746

to 598.777 , inclusive, is unlawful.

In any proceeding involving NRS 598.741 to 598.787 , inclusive, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

(Added to NRS by 1987, 1520 ; A 1993, 2277 )

NRS 598.853

NRS

598.853

Security required for registration: Form; term; records; rejection for nonconformance; change in form; inadequate amount.

Each registrant shall deposit with the Unit:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this State;

(b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

(c) A certificate of deposit in a financial institution which is doing business in this State and which is federally insured or insured by a private insurer approved pursuant to NRS 672.755 . The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the registrant.

The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.
If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Unit during business hours. The registrant shall notify the Unit not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Unit.
The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of NRS 598.840 to 598.930 , inclusive.
A registrant may change the form of security which he or she has deposited with the Unit. If the registrant changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.
If the amount of the deposited security falls below the amount required by NRS 598.840 to 598.930 , inclusive, for that security, the registrant shall be deemed not to be registered as required by NRS 598.852 for the purposes of NRS 598.840 to 598.930 , inclusive.

(Added to NRS by 2009, 2709 ; A 2011, 2652 ; 2013, 1054 ; 2015, 3653 ; 2017, 2254 ; 2019, 2501 )

NRS 598.865

NRS

598.865

Administration of trust accounts; audits.

Except as otherwise provided in subsection 3 of NRS 598.855 , the trust accounts required by NRS 598.855 and 598.860 must be administered by an independent trustee approved by the Commissioner. All fees charged by the trustee to administer a trust account must be paid by the organization.
The trustee shall withdraw money from the trust account for payments on goods or services only upon written proof from the source of the goods or services that the items have been shipped or delivered to the buyer. The Commissioner may audit the trustee as necessary to ensure compliance with NRS 598.840 to 598.930 , inclusive.

(Added to NRS by 1985, 962 ; A 2005, 1375 ; R temp. 2009, 2732 ; R temp. 2011, 2652 ; R temp. 2013, 1054 ; R temp. 2015, 3653 ; R temp. 2017, 2254 ; R temp. 2019, 2501 )

NRS 598.9472

NRS

598.9472

Security required for registration: Form; term; records; rejection for nonconformance; change in form; inadequate amount.

Each registrant shall deposit with the Unit:

(a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this State;

(b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.
If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Unit during business hours. The registrant shall notify the Unit not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Unit.
The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of NRS 598.940 to 598.966 , inclusive.
A registrant may change the form of security which he or she has deposited with the Unit. If the registrant changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.
If the amount of the deposited security falls below the amount required by this chapter for that security, the registrant shall be deemed not to be registered as required by NRS 598.947 for the purposes of NRS 598.940 to 598.966 , inclusive.

(Added to NRS by 2009, 2711 ; A 2011, 2652 ; 2013, 1054 ; 2015, 3653 ; 2017, 2254 ; 2019, 2501 )

NRS 598.9812

NRS

598.9812

Agreement for lease of distributed generation system: Disclosure.

An agreement for the lease of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9809 and 598.9811 .
The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the lessor;

(b) The name, mailing address, telephone number, electronic mail address and number of the contractors license of the person who installed the distributed generation system, if different from the solar installation company;

(c) The name, mailing address, telephone number, electronic mail address and the number of the contractors license of the person responsible for all maintenance of the distributed generation system, if different from the solar installation company;

(d) The length of the term of the lease;

(e) The amount of the monthly payments due under the lease in the first year of operation;

(f) The amounts due at the signing for and at the completion of the installation of the distributed generation system;

(g) The estimated amount of the total payments due under the lease, including, without limitation, any incentives that are included in the estimated lease payments;

(h) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

(1) Any late fees;

(2) Estimated fees for the removal of the distributed generation system;

(3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

(4) Fees for connecting to the Internet; and

(5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

(i) The total number of payments to be made under the lease;

(j) The due date of any payment and the manner in which the consumer will receive an invoice for such payments;

(k) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

(l) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(4) As specified by the lease at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

(m) A disclosure notifying the lessee of the intent of the lessor to file a fixture filing, as defined in NRS 104A.2309 , on the distributed generation system;

(n) A disclosure notifying the lessee if maintenance and repairs of the distributed generation system are included in the lease;

(o) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the lessee in connection with the installation or removal of the distributed generation system;

(p) A disclosure describing:

(1) The transferability of the lease; and

(2) Any conditions on transferring the lease in connection with the lessee selling his or her property;

(q) A description of any guarantees of the performance of the distributed generation system;

(r) A description of the basis for any estimates of savings that were provided to the lessee, if applicable; and

(s) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4270 )

NRS 598.9815

NRS

598.9815

Agreement for purchase of distributed generation system: Disclosure.

An agreement for the purchase of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9813 and 598.9814 .
The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

(d) The purchase price of the distributed generation system;

(e) The payment schedule for the distributed generation system;

(f) The approximate start and completion dates for the installation of the distributed generation system;

(g) A disclosure notifying the purchaser of the responsible party for obtaining approval for connecting the distributed generation system to the electricity meter on the host customers side;

(h) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(4) As specified by the agreement at the time of installation, whether or not an electric utility must credit a customer of the electric utility for any excess energy that is generated by the distributed generation system;

(i) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the purchase;

(j) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

(k) A description of any guarantees of the performance of the distributed generation system;

(l) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

(m) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4273 )

NRS 598.9818

NRS

598.9818

Power purchase agreement: Disclosure.

A power purchase agreement for the sale of output of a distributed generation system must include a disclosure that is not more than 3 pages in length and is in at least 10-point font.
The disclosure described in subsection 1 must be separate from the cover page and agreement described in NRS 598.9816 and 598.9817 .
The disclosure described in subsection 1 must include, without limitation:

(a) The name, mailing address, telephone number and electronic mail address of the solar installation company;

(d) The payment schedule for the distributed generation system, including, without limitation, any payments that are due, if applicable, at:

(1) Signing for the distributed generation system;

(2) Commencement of installation of the distributed generation system; and

(3) Completion of installation of the distributed generation system;

(e) A description of any one-time or recurring fees, including, without limitation, a description of the circumstances that trigger:

(1) Any late fees;

(2) Estimated fees for the removal of the distributed generation system;

(3) Fees for a notice of removal and refiling pursuant to the Uniform Commercial Code;

(4) Fees for connecting to the Internet; and

(5) Fees for not enrolling in a program in which payments are made through an electronic transfer of money cleared through an automated clearinghouse;

(f) A statement that describes when payments are due;

(g) The rate of any payment increases and the date on which the first increase in the rate may occur, if applicable;

(h) Assumptions concerning the design of the distributed generation system, including, without limitation:

(1) The size of the distributed generation system;

(2) The estimated amount of production for the distributed generation system in the first year of operation;

(3) The estimated annual degradation to the distributed generation system; and

(i) A disclosure notifying the purchaser of the intent of the owner of the distributed generation system to file a fixture filing, as defined in NRS 104A.2309 , on the distributed generation system;

(j) A disclosure notifying the purchaser if maintenance and repairs of the distributed generation system are included in the agreement;

(k) A disclosure describing any warranty for the repair of any damage to the roof of the property owned by the purchaser in connection with the installation or removal of the distributed generation system;

(l) A disclosure describing the transferability of the distributed generation system in connection with the purchaser selling his or her property;

(m) A description of any guarantees of the performance of the distributed generation system;

(n) A description of the basis for any estimates of savings that were provided to the purchaser, if applicable; and

(o) A disclosure concerning the retention of any portfolio energy credits, if applicable.

(Added to NRS by 2017, 4275 )

NRS 598.9821

NRS

598.9821

Certain express warranties required in agreement; exception.

An agreement for the lease or purchase of a distributed generation system and a power purchase agreement must include an express warranty for the installation of the distributed generation system and the penetration into the roof by the distributed generation system. Such warranties must:

(a) Be express and in writing; and

(b) Expire not earlier than 10 years after the installation of the distributed generation system.

An agreement for the lease of a distributed generation system and a power purchase agreement must include an express warranty that:

(a) Is in writing; and

(b) Does not expire earlier than 10 years after the installation of the distributed generation system.

An agreement for the purchase of a distributed generation system must include the following express warranties in writing for the component parts, including parts and labor, of the distributed generation system, either directly from the solar installation company or passed through from the manufacturer of the component parts:

(a) For collectors and storage units, not less than a 10-year warranty; and

(b) For inverters, not less than a 7-year warranty.

The provisions of this section that relate to a person who installs a distributed generation system do not apply to a person who installs a system on his or her own property.

(Added to NRS by 2017, 4277 )

NRS 6.020

NRS

6.020

Exemptions from service.

Except as otherwise provided in subsections 2 and 3 and NRS 67.050 , upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others, are exempt from service as grand or trial jurors:

(a) While the Legislature is in session, any member of the Legislature or any employee of the Legislature or the Legislative Counsel Bureau;

(b) Any person who has a fictitious address pursuant to NRS 217.462 to 217.471 , inclusive; and

All persons of the age of 70 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 70 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

[360:63:1947; 1943 NCL § 6084.370] + [9:65:1873; A 1875, 137 ; 1877, 176 ; 1881, 155 ; 1893, 31 ; 1895, 51 ; 1915, 84 ; 1917, 32 ; 1921, 29 ; 1925, 101 ; 1927, 113 ; 1939, 169 ; 1931 NCL § 8479] + [1:17:1889; C § 3880; RL § 4941; NCL § 8488]—(NRS A

1965, 347 ; 1967, 1278 ; 1969, 208 , 1422 ;

1971, 312 ; 1977, 856 ; 1981, 687 ; 1983, 100 , 1360 ;

1997, 187 ; 1999, 162 ; 2001, 754 ; 2001 Special Session, 207 , 249 ;

2003, 289 , 1347 ;

2007, 416 ; 2011, 138 )

NRS 6.030

NRS

6.030

Grounds for excusing jurors.

The court may at any time temporarily excuse any juror on account of:

(a) Sickness or physical disability.

(b) Serious illness or death of a member of the jurors immediate family.

(d) Public necessity.

In addition to the reasons set forth in subsection 1, the court may at any time temporarily excuse a person who provides proof that the person is the primary caregiver of another person who has a documented medical condition which requires the assistance of another person at all times.
A person temporarily excused shall appear for jury service as the court may direct.
The court shall permanently excuse any person from service as a juror if the person is incapable, by reason of a permanent physical or mental disability, of rendering satisfactory service as a juror. The court may require the prospective juror to submit a certificate completed by a physician or an advanced practice registered nurse licensed pursuant to NRS 632.237 concerning the nature and extent of the disability and the certifying physician or advanced practice registered nurse may be required to testify concerning the disability when the court so directs.

[10:65:1873; B § 1060; BH § 3797; C § 3871; RL § 4933; NCL § 8480]—(NRS A 1977, 294 ; 2007, 417 ; 2017, 1740 )

NRS 6.132

NRS

6.132

Summoning of grand jury by filing of petition by committee of registered voters.

A committee of petitioners consisting of five registered voters may commence a proceeding to summon a grand jury pursuant to this section by filing with the clerk of the district court an affidavit that contains the following information:

(a) The name and address of each registered voter who is a member of the committee.

(b) The mailing address to which all correspondence concerning the committee is to be sent.

(c) A statement that the committee will be responsible for the circulation of the petition and will comply with all applicable requirements concerning the filing of a petition to summon a grand jury pursuant to this section.

(d) A statement explaining the necessity for summoning a grand jury pursuant to this section.

A petition to summon a grand jury must be filed with the clerk by a committee of petitioners not later than 180 days after an affidavit is filed pursuant to subsection 1. The petition must contain:

(a) The signatures of registered voters equal in number to at least 25 percent of the number of voters voting within the county at the last preceding general election. Each signature contained in the petition:

(1) May only be obtained after the affidavit required pursuant to subsection 1 is filed;

(2) Must be executed in ink; and

(3) Must be followed by the address of the person signing the petition and the date on which the person is signing the petition.

(b) A statement indicating the number of signatures of registered voters which were obtained by the committee and which are included in the petition.

(1) The person circulated the petition personally;

(2) At all times during the circulation of the petition, the affidavit filed pursuant to subsection 1 was affixed to the petition;

(3) Each signature obtained by the person is genuine to the best of his or her knowledge and belief and was obtained in his or her presence; and

(4) Each person who signed the petition had an opportunity before signing the petition to read the entire text of the petition.

A petition filed pursuant to this section may consist of more than one document, but all documents that are included as part of the petition must be assembled into a single instrument for the purpose of filing. Each document that is included as part of the petition must be uniform in size and style and must be numbered.
A person shall not misrepresent the intent or content of a petition circulated or filed pursuant to this section. A person who violates the provisions of this subsection is guilty of a misdemeanor.
The clerk shall issue a receipt following the filing of a petition pursuant to this section. The receipt must indicate the number of:

(a) Documents included in the petition;

(b) Pages in each document; and

Within 20 days after a petition is filed pursuant to this section, the clerk shall:

(a) Prepare a certificate indicating whether the petition is sufficient or insufficient, and if the petition is insufficient, include in the certificate the reasons for the insufficiency of the petition; and

(b) Transmit a copy of the certificate to the committee by certified mail.

A petition must not be certified as insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature on the face thereof does not exactly correspond with the signature appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition.
If a petition is certified as:

(a) Sufficient, the clerk shall promptly present a copy of the certificate to the court, and the court shall summon a grand jury. If there is a grand jury in recess, the court shall recall that grand jury. If there is not a grand jury in recess, a new grand jury must be summoned.

(b) Insufficient, the committee may, within 2 days after receipt of the copy of the certificate, file a request with the court for judicial review of the determination by the clerk that the petition is insufficient. In reviewing the determination of the clerk, the court shall examine the petition and the certificate of the clerk and may, in its discretion, allow the introduction of oral or written testimony. The determination of the clerk may be reversed only upon a showing that the determination is in violation of any constitutional or statutory provision, is arbitrary or capricious, or involves an abuse of discretion. If the court finds that the determination of the clerk was correct, the committee may commence a new proceeding to summon a grand jury pursuant to this section or may proceed as provided in NRS 6.140 . If the court finds that the determination of the clerk must be reversed, the court shall summon a grand jury. If there is a grand jury in recess, the court shall recall that grand jury. If there is not a grand jury in recess, a new grand jury must be summoned.

(Added to NRS by 2001, 750 )

NRS 600.330

NRS

600.330

Restrictions on registration.

A mark must not be registered if it:

Contains immoral, deceptive or scandalous matter.
Contains matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, national symbols or which may bring them into contempt or disrepute.
Resembles or simulates the flag or other insignia of the United States, or of any state or municipality, or of any foreign nation.
Contains the name, signature or portrait of any living person, except when the written consent of that living person has been obtained.
Consists of a mark which:

(a) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;

(b) When applied to the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or

Ê but this subsection does not prevent the registration of a mark used by the applicant which has become distinctive of the applicants goods or services. Proof of continuous use of the mark by the applicant in this State or elsewhere for 5 years next preceding the date of the filing of the application for registration may be accepted by the Secretary of State as evidence that the mark has become distinctive.

So resembles a mark registered in this State which has not been abandoned, that it is likely that confusion, mistake or deception may result.

(Added to NRS by 1979, 595 ; A 1995, 67 )

NRS 600.350

NRS

600.350

Certificate of registration: Issuance; contents; admissibility in evidence.

Upon compliance by the applicant with the requirements of NRS 600.330 and 600.340 , the Secretary of State shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the Secretary of State and the seal of the State, and it must designate:

(a) The name and business address and, if a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation or organization of the person claiming ownership of the mark;

(b) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this State;

(d) A description of the goods or services on which the mark is used;

(e) A reproduction of the mark;

(f) The registration date; and

(g) The term of the registration.

Ê If a date of first use contained in the application is indefinite, the certificate of registration must designate the latest definite date that can be inferred from the words used. If a month and year are given without specifying the day, the date is presumed to be the last day of the month. If only a year is given, the date is presumed to be the last day of the year.

The certificate of registration or a copy of the certificate certified by the Secretary of State is admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceedings in any court of this State, and raises a disputable presumption that the person to whom the certificate was issued is the owner of the mark in this State as applied to the goods or services described in the certificate.

(Added to NRS by 1979, 596 ; A 1997, 160 )

NRS 601.030

NRS

601.030

Injunctive relief for illegal exhibition and use of names and insignia.

Whenever there shall be an actual or threatened violation of the provisions of NRS 601.010 and 601.020 , an application may be made to the court or judge having jurisdiction to issue an injunction to restrain the actual or threatened violation. Notice of application for an injunction of not less than 5 days shall be given to the defendant.
If it shall appear to the court or judge that the defendant is in fact using the name of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable society, association or corporation, incorporated as provided in NRS 601.010 , or a name so nearly resembling it as to be calculated to deceive the public, or is wearing or exhibiting the badge, insigne or emblem of such society, association or corporation without authority thereof and in violation of the provisions of NRS 601.020 , an injunction may be issued by the court or judge enjoining or restraining the actual or threatened violation, without requiring proof that any person has in fact been misled or deceived thereby.

[3:65:1911; RL § 2504; NCL § 4462]

NRS 608.1576

NRS

608.1576

Benefits for health care: Prompt enrollment and restrictions on termination of enrollment of child; withholding of employees wages; remedies are cumulative.

If an employer provides benefits for health care to his or her employees and the benefits include coverage of the employees family, the employer shall:

Permit an employee who is required by the order of a court or administrative tribunal to provide health coverage for his or her child to enroll the child for coverage as a member of the employees family without regard to a restriction on periods of enrollment applicable to the employee.
If the parent so required is enrolled for coverage but does not apply to enroll the child, permit the childs other parent or the Division of Welfare and Supportive Services of the Department of Health and Human Services to enroll the child.
Not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the insurer has written proof that:

(a) The order for medical coverage is no longer in effect; or

(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.

Withhold from the employees wages, and pay to the insurer if the employer is not self-insured, the employees share, if any, of the cost of the coverage provided for the child but not more than the amount of withholding for insurance permitted by federal law or regulation.

Ê The purpose of this section is to ensure that children are promptly enrolled in a program of health insurance provided by the responsible parent and that the health insurance is maintained. The remedies provided in this section are cumulative and in addition to any other remedy provided by law to the extent they are not inconsistent with the provisions of NRS 33.035 and chapters 31A , 125B , 130 and 425 of NRS.

(Added to NRS by 1995, 2426 ; A 2003, 1756 )

NRS 608.310

NRS

608.310

Producer-promoter-employer required to obtain permit; application; fee; exceptions.

Except as otherwise provided in subsection 4, a producer-promoter-employer intending to do business in this State must obtain a permit from the Labor Commissioner.
An application for the permit required by subsection 1 must contain information concerning:

(a) The applicants name and permanent address;

(b) The financing for the production;

(c) The type of production intended by the applicant, the number of artists, technical personnel and other persons required for the production and where the applicant intends to exhibit the production; and

(d) Such other information as the Labor Commissioner may require by regulation for the protection of persons associated with the entertainment industry.

The Labor Commissioner may by regulation require a reasonable fee for processing an application.
The provisions of this section do not apply to any producer-promoter-employer who produces proof to the Labor Commissioner or, in a county whose population is 700,000 or more, produces proof to the department or agency within that county which is authorized to issue business licenses on behalf of the county that the producer-promoter-employer:

(a) Has been in the business of a producer-promoter-employer in this State for the 5-year period immediately preceding the filing of the application and has had no successful wage claim filed with the Labor Commissioner during that period;

(b) Has sufficient tangible assets in this State which, if executed upon, would equal or exceed the amount of bond required; or

(Added to NRS by 1973, 1115 ; A 1995, 1027 ; 1997, 2480 ; 1999, 3115 ; 2011, 1299 )

NRS 609.260

NRS

609.260

Superintendent of public instruction and attendance officer may demand proof of age of employed minor.

The superintendent of public instruction or other authorized inspector or school attendance officer shall make demand on an employer in or about whose place or establishment a child apparently under the age of 14 years is employed, or permitted or suffered to work, during the hours in which public schools of the school district are in session. The employer shall either furnish him or her within 10 days satisfactory evidence that such child is in fact over 14 years of age or is permitted to work at such times by the school district or court order, or the employer shall cease to employ or permit or suffer such child to work.
Whoever continues to employ any child in violation of any of the provisions of this section, after being notified thereof by a school attendance officer or other authorized officer, shall for every day thereafter that such employment continues be punished by a fine of not less than $5 nor more than $20.

[4:232:1913; 1919 RL p. 2649; NCL § 1050] + [10:232:1913; 1919 RL p. 2651; NCL § 1056]—(NRS A 1977, 1277 )

CONTRACTS FOR CREATIVE OR ATHLETIC SERVICES

NRS 611.040

NRS

611.040

Application for license.

A written application for a license to conduct a private employment agency in this State must be made to the Labor Commissioner and must contain:

(a) The name and address of the applicant;

(b) The street and number of the building or place where the business is to be conducted; and

(c) The business or occupation in which the applicant was engaged for at least 2 years immediately preceding the date of the application.

The application must be accompanied by:

(a) Affidavits of at least two reputable residents of this State stating that the applicant is a person of good moral character; and

(b) Proof that the applicant is a resident of this State.

[3:167:1919; 1919 RL p. 2781; NCL § 2837]—(NRS A 1975, 1097 ; 1985, 1781 )

NRS 611.430

NRS

611.430

Contents of application; fee; Labor Commissioner to be notified of certain changes in information about applicant; power of Labor Commissioner to refuse to issue or revoke license; financial statements.

Each application must include:

(a) The applicants name and title of his or her position with the professional employer organization.

(b) The applicants age, place of birth and social security number.

(d) The business address of the professional employer organization.

(e) The business address of the registered agent of the professional employer organization, if the applicant is not the registered agent.

(f) If the applicant is a:

(1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.

(2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.

(g) Proof of:

(1) Compliance with the provisions of chapter 76 of NRS.

(2) The payment of any premiums for industrial insurance required by chapters 616A

to 617 , inclusive, of NRS and compliance with NRS 616B.692 .

(3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.

(4) Insurance coverage for any benefit plan from an insurer authorized pursuant to title 57 of NRS that is offered by the professional employer organization to its employees.

(h) A financial statement of the applicant setting forth the financial condition of the professional employer organization. Except as otherwise provided in subsection 5, the financial statement must include, without limitation:

(1) For an application for issuance of a license, the most recent audited financial statement that includes the applicant, which must have been completed not more than 13 months before the date of application; or

(2) For an application for renewal of a license, an audited financial statement that includes the applicant and which must have been completed not more than 180 days after the end of the applicants fiscal year.

(i) An issuance or renewal fee of $500.

(j) Any other information the Labor Commissioner requires.

Each application must be notarized and signed under penalty of perjury:

(a) If the applicant is a sole proprietorship, by the sole proprietor.

(b) If the applicant is a partnership, by each partner.

An applicant shall submit to the Labor Commissioner any change in the information required by this section within 30 days after the change occurs. The Labor Commissioner may refuse to issue a license to or revoke the license of a professional employer organization which fails to comply with the provisions of NRS 611.400 to 611.490 , inclusive. If the Labor Commissioner refuses to issue or revokes a license pursuant to this subsection, the professional employer organization has the right to appeal the decision of the Labor Commissioner.
If an insurer cancels a professional employer organizations policy, the insurer shall immediately notify the Labor Commissioner in writing. The notice must comply with the provisions of NRS 687B.310 to 687B.355 , inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the Labor Commissioner.
A financial statement submitted with an application pursuant to this section must be prepared in accordance with generally accepted accounting principles, must be audited by an independent certified public accountant certified or licensed to practice in the jurisdiction in which the accountant is located and must be without qualification as to the status of the professional employer organization as a going concern. Except as otherwise provided in subsection 6, a professional employer organization that has not had sufficient operating history to have an audited financial statement based upon at least 12 months of operating history must present financial statements reviewed by a certified public accountant covering its entire operating history. The financial statements must be prepared not more than 13 months before the submission of an application and must:

(a) Demonstrate, in the statement, positive working capital, as defined by generally accepted accounting principles, for the period covered by the financial statements; or

(b) Be accompanied by a bond, irrevocable letter of credit or securities with a minimum market value equaling the maximum deficiency in working capital for the period covered by the financial statements plus $100,000. The bond, irrevocable letter of credit or securities must be held by a depository institution designated by the Labor Commissioner to secure payment by the applicant of all taxes, wages, benefits or other entitlements payable by the applicant.

An applicant required to submit a financial statement pursuant to this section may submit a consolidated or combined audited financial statement that includes, but is not exclusive to, the applicant.

(Added to NRS by 1993, 2419 ; A 1999, 1725 ; 2003, 20th Special Session, 217 ; 2007, 2723 ; 2009, 1127 , 2052 ;

2011, 1395 ; 2015, 2678 ; 2021, 1922 )—(Substituted in revision for NRS 616B.679)

NRS 613.4374

NRS

613.4374

Employer must prove undue hardship for refusal to provide reasonable accommodation.

If a female employee or applicant for employment makes a prima facie showing that the employee or applicant requested a reasonable accommodation for a condition of the employee or applicant relating to pregnancy, childbirth or a related medical condition and the employer refused to provide or attempt to provide the reasonable accommodation, the burden of proof shifts to the employer to demonstrate that providing such an accommodation would impose an undue hardship on the business of the employer.
To prove such an undue hardship, the employer must demonstrate that the accommodation is significantly difficult to provide or expensive considering, without limitation:

(a) The nature and cost of the accommodation;

(b) The overall financial resources of the employer;

(c) The overall size of the business of the employer with respect to the number of employees and the number, type and location of the available facilities; and

(d) The effect of the accommodation on the expenses and resources of the employer or the effect of the accommodation on the operations of the employer.

Evidence that the employer provides or would be required to provide a similar accommodation to a similarly situated employee or applicant for employment creates a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.

(Added to NRS by 2017, 1784 )

NRS 617.203

NRS

617.203

Limitation of liability of principal contractor for occupational disease contracted by independent contractor or employee of independent contractor.

A principal contractor is not liable for the payment of compensation for any occupational disease contracted by any independent contractor or any employee of an independent contractor if:

The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to this chapter;
Proof of such coverage is provided to the principal contractor;
The principal contractor is not engaged in any construction project; and
The independent contractor is not in the same trade, business, profession or occupation as the principal contractor.

(Added to NRS by 1991, 2429 )

NRS 617.356

NRS

617.356

Duty of insurer to accept or deny claim; written determination.

An insurer shall accept or deny a claim for compensation under this chapter and notify the claimant or the person acting on behalf of the claimant pursuant to NRS 617.344 that the claim has been accepted or denied within 30 working days after the forms for filing the claim for compensation are received pursuant to both NRS 617.344 and 617.352 .
The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 by:

(a) Mailing its written determination to the claimant or the person acting on behalf of the claimant and, if the claim has been denied, in whole or in part, obtaining a certificate of mailing; or

(b) If and as requested by the claimant or the person acting on behalf of the claimant, sending its written determination to the claimant or the person acting on behalf of the claimant by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable and retaining proof of a successful transmission and receipt of the facsimile or other electronic transmission, as applicable.

The failure of the insurer to, as applicable:

(a) Obtain a certificate of mailing as required by paragraph (a) of subsection 2 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section; or

(b) Retain proof of a successful transmission and receipt of the facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable, as applicable, as required by paragraph (b) of subsection 2 shall be deemed to be a failure of the insurer to send by facsimile or other electronic transmission the written determination regarding a claim as required by this section.

Upon request, the insurer shall provide a copy of the certificate of mailing, if any, or proof of a successful transmission and receipt of the facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable, as applicable, to the claimant or the person acting on behalf of the claimant.
For the purposes of this section, the insurer shall either:

(a) Mail the written determination to:

(1) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or

(2) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address; or

(b) If and as requested by the claimant or the person acting on behalf of the claimant, send the written determination by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable to the claimant or person acting on behalf of the claimant.

As used in this section, certificate of mailing means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing.

(Added to NRS by 1993, 764 ; A 2007, 3366 ; 2021, 1199 )

NRS 618.800

NRS

618.800

Application for license: Requirements and procedures.

A person applying for a license in an occupation must:

Submit an application on a form prescribed and furnished by the Division, accompanied by a fee prescribed by the Division;
Successfully complete a course of training in the control of asbestos approved or administered by the Division for that occupation;
Pass an examination approved or administered by the Division for that occupation;
If the person is a contractor, present proof satisfactory to the Division that the person is insured to the extent determined necessary by the Administrator for the appropriate activities for the control of asbestos permitted under the requested license, for the effective period of the license; and
Meet any additional requirement established by the Division.

(Added to NRS by 1989, 1277 ; A 1993, 1887 )

NRS 618.815

NRS

618.815

Issuance of license to applicant who holds license issued by another state.

The Division may issue a license in an occupation to an applicant who holds a valid license in that occupation issued to him or her by the District of Columbia or any state or territory of the United States, or who has met the requirements for that occupation set by the Environmental Protection Agency pursuant to the Asbestos Hazard Emergency Response Act, if:

The legal requirements of that district, state or territory for licensure in that occupation were, at the time of issuance of the license, at least equivalent to those of this State.
The applicant passes an examination, if required by the Board.
The applicant furnishes to the Board such other proof of the applicants qualifications as the Board requires.

(Added to NRS by 1989, 1278 ; A 1993, 1888 )

NRS 618.845

NRS

618.845

Injunctive relief.

The Division may maintain in any court of competent jurisdiction a suit for an injunction against any person engaged in the control of asbestos in violation of the provisions of NRS 618.780 , 618.790 , 618.820

or 618.825 , or the standards or regulations adopted by the Division pursuant to NRS 618.750 to 618.850 , inclusive. An injunction:

May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
Does not relieve the person from criminal liability for engaging in the control of asbestos without a license.

(Added to NRS by 1989, 1280 ; A 1993, 1889 )

NRS 618.880

NRS

618.880

Establishment of safety plans and procedures; certification of cranes; certification of operators of tower cranes and mobile cranes; exceptions. [Effective until the date on which the Governor declares that the Federal Government has adopted provisions governing the certification of crane operators.]

The Division shall adopt regulations establishing standards and procedures for the operation of cranes, including, without limitation, regulations requiring the:

(a) Establishment and implementation of site safety plans and procedures for the erection and dismantling of tower cranes;

(b) Establishment of a clear zone around the erection, dismantling or other highly hazardous lifts with a crane;

(d) Certification of tower cranes each time a tower crane is erected and additional annual certifications of tower cranes while they continue to be in use.

Except as otherwise provided in subsection 3:

(a) The Division shall adopt regulations requiring the establishment and implementation of programs for the certification of all persons who operate:

(1) Tower cranes; or

(2) Mobile cranes having a usable boom length of 25 feet or greater or a maximum machine rated capacity of 15,000 pounds or greater.

(b) A person shall not operate a tower crane or a mobile crane described in subparagraph (2) of paragraph (a) unless the person holds certification as a crane operator issued pursuant to this subsection for the type of crane being operated.

(1) Is issued by an organization whose program of certification for crane operators:

(I) Is accredited by the National Commission for Certifying Agencies or an equivalent accrediting body approved by the Division; or

(II) Meets other criteria established by the Division; and

(2) Certifies that the person has met the standards to be a crane operator established by the American Society of Mechanical Engineers in its standards B30.3, B30.4 or B30.5 as adopted by regulation of the Division.

The provisions of subsection 2 do not apply to a person who:

(a) Is an employee of a utility while the person is engaged in work for or at the direction of the utility;

(b) Operates an electric or utility line truck that is regulated pursuant to 29 C.F.R. § 1910.269 or 29 C.F.R. Part 1926, Subpart V; or

(c) Operates an aerial or lifting device, whether or not self-propelled, that is designed and manufactured with the specific purpose of lifting one or more persons in a bucket or basket or on a ladder or platform and holding those persons in the lifted position while they perform tasks. Such devices include, without limitation:

(1) A bucket truck or lift;

(2) An aerial platform;

(3) A platform lift; or

(4) A scissors lift.

As used in this section, utility means any public or private utility, whether or not the utility is subject to regulation by the Public Utilities Commission of Nevada, that provides, at wholesale or retail:

(a) Electric service;

(b) Gas service;

(d) Telecommunication service, including, without limitation, local exchange service, long distance service and personal wireless service; or

(e) Television service, including, without limitation, community antenna television, cable television and other video service.

(Added to NRS by 1995, 1889 ; A 2005, 933 ; 2007, 1400 ; 2009, 977 )

NRS

618.880

Establishment of safety plans and procedures; certification of cranes; certification of operators of tower cranes and mobile cranes; expiration and renewal of certifications of crane operators; exceptions. [Effective on the date on which the Governor declares that the Federal Government has adopted provisions governing the certification of crane operators.]

The Division shall adopt regulations establishing standards and procedures for the operation of cranes, including, without limitation, regulations requiring the:

(a) Establishment and implementation of site safety plans and procedures for the erection and dismantling of tower cranes;

(b) Establishment of a clear zone around the erection, dismantling or other highly hazardous lifts with a crane;

(d) Certification of tower cranes each time a tower crane is erected and additional annual certifications of tower cranes while they continue to be in use.

Except as otherwise provided in subsection 3:

(a) The Division shall adopt regulations requiring the establishment and implementation of programs for the certification of all persons who operate:

(1) Tower cranes; or

(2) Mobile cranes having a usable boom length of 25 feet or greater or a maximum machine rated capacity of 15,000 pounds or greater.

(1) Is issued by an organization whose program of certification for crane operators:

(I) Is accredited by the National Commission for Certifying Agencies or an equivalent accrediting body approved by the Division; and

(II) Meets other criteria as may be established by the Division;

(2) Certifies that the person has met the standards to be a crane operator established by ASME International, in its standards B30.3, B30.4 or B30.5 as adopted by regulation of the Division;

(3) Requires a minimum of 1,000 hours of crane-related experience or training during the 5-year period immediately preceding the issuance of a mobile crane operator certification;

(4) Requires a minimum of 1,000 hours of crane-related experience or training, of which a minimum of 500 hours is specific to tower crane operation, during the 5-year period immediately preceding the issuance of a tower crane operator certification; and

(5) Does not require an examination during which the applicant must operate a crane if the applicant:

(I) Is seeking recertification for the type of crane for which the applicant currently holds a valid certification; and

(II) Has 1,000 hours of experience operating the type of crane for which the applicant is seeking certification during the 5-year period immediately preceding the issuance of the applicants recertification.

(d) The organization that issues a certification pursuant to this subsection is responsible for the verification of hours of experience or training required by this subsection.

The provisions of subsection 2 do not apply to a person who:

(a) Is an employee of a utility while the person is engaged in work for or at the direction of the utility;

(b) Operates an electric or utility line truck that is regulated pursuant to 29 C.F.R. § 1910.269 or 29 C.F.R. Part 1926, Subpart V;

(1) A bucket truck or lift;

(2) An aerial platform;

(3) A platform lift; or

(4) A scissors lift; or

(d) Operates a crane as a trainee under the direct supervision of an operator who has a valid certification in accordance with subsection 2 for the type of crane being operated by the trainee. As used in this paragraph, direct supervision means that the person who is supervising the trainee:

(1) Is in the immediate area of the trainee;

(2) Can see the trainee;

(3) Is able to communicate effectively with the trainee; and

(4) Has no duties other than to observe the operation of the crane by the trainee.

A certification used to satisfy the requirements of this section for a crane operator expires 5 years after the date that it is issued and may be renewed by providing proof deemed acceptable by the Division that the crane operator has fulfilled the requirements of subsection 2.
As used in this section, utility means any public or private utility, whether or not the utility is subject to regulation by the Public Utilities Commission of Nevada, that provides, at wholesale or retail:

(a) Electric service;

(b) Gas service;

(d) Telecommunication service, including, without limitation, local exchange service, long distance service and personal wireless service; or

(e) Television service, including, without limitation, community antenna television, cable television and other video service.

(Added to NRS by 1995, 1889 ; A 2005, 933 ; 2007, 1400 ; 2009, 977 , effective on the date on which the Governor declares that the Federal Government has adopted provisions governing the certification of crane operators)

NRS 618.922

NRS

618.922

Application for license: Requirements and procedures.

A person applying for a license as a photovoltaic installer must:

Submit an application on a form prescribed and furnished by the Division;
Pay all required fees established by the Division by regulation;
Pass an examination approved or administered by the Division for licensure as a photovoltaic installer;
If the person is a contractor, provide proof to the Division that the person has been issued a license of the appropriate classification by the State Contractors Board pursuant to chapter 624 of NRS; and
Meet any additional requirements established by the Division.

(Added to NRS by 2005, 22nd Special Session, 73 )

NRS 618.934

NRS

618.934

Injunctive relief.

The Division may maintain in a court of competent jurisdiction a suit for an injunction against any person who acts as a photovoltaic installer in violation of any provision of NRS 618.910 to 618.936 , inclusive, or the standards or regulations adopted pursuant thereto. An injunction:

May be issued without proof of actual damage sustained by any person.
Does not relieve the person from criminal liability for acting as a photovoltaic installer without a license.

(Added to NRS by 2005, 22nd Special Session, 75 )

NRS 618.9911

NRS

618.9911

Requirements to obtain completion card; expiration and renewal; exemption.

The provisions of subsections 2 and 3 do not apply to a worker who is employed by a single employer for a period of less than 15 consecutive days.
Not later than 15 days after the date a worker other than a supervisory employee begins work on a site, the worker must obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.9909 .
Not later than 15 days after the date a supervisory employee begins work on a site, the supervisory employee must obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.9909 .
Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

(a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

(b) Providing proof satisfactory to the Division that the worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to NRS 618.9909

in an amount of:

(1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

(2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

(Added to NRS by 2017, 467 ; A 2017, 469 ; 2019, 977 )

NRS 618.9929

NRS

618.9929

Requirements to obtain completion card; expiration and renewal.

Not later than 15 days after the date a worker other than a supervisory employee is hired, the worker must obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.9927 .
Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.9927 .
Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

(a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

in an amount of:

(1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

(2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

(Added to NRS by 2019, 491 ; A 2019, 493 )

NRS 622.530

NRS

622.530

Regulatory body to adopt regulations for license by endorsement for qualified persons; restrictions; issuance of license by endorsement; conflicts with other license by endorsement provisions. [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.]

Except as otherwise provided by specific statute relating to the issuance of a license by endorsement, a regulatory body shall adopt regulations providing for the issuance of a license by endorsement to engage in an occupation or profession in this State to any natural person who:

(a) Holds a corresponding valid and unrestricted license to engage in that occupation or profession in the District of Columbia or any state or territory of the United States;

(b) Possesses qualifications that are substantially similar to the qualifications required for issuance of a license to engage in that occupation or profession in this State; and

The regulations adopted pursuant to subsection 1 must not allow the issuance of a license by endorsement to engage in an occupation or profession in this State to a natural person unless such a person:

(a) Has not been disciplined by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in an occupation or profession;

(b) Has not been held civilly or criminally liable in the District of Columbia or any state or territory of the United States for misconduct relating to his or her occupation or profession;

(c) Has not had a license to engage in an occupation or profession suspended or revoked in the District of Columbia or any state or territory of the United States;

(d) Has not been refused a license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States for any reason;

(e) Does not have pending any disciplinary action concerning his or her license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States;

(f) Pays any applicable fees for the issuance of a license that are otherwise required for a natural person to obtain a license in this State;

(g) Submits to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report or proof that the applicant has previously passed a comparable criminal background check; and

(h) Submits to the regulatory body the statement required by NRS 425.520 .

A regulatory body may, by regulation, require an applicant for issuance of a license by endorsement to engage in an occupation or profession in this State to submit with his or her application:

(a) Proof satisfactory to the regulatory body that the applicant:

(1) Has achieved a passing score on a nationally recognized, nationally accredited or nationally certified examination or other examination approved by the regulatory body;

(2) Has completed the requirements of an appropriate vocational, academic or professional program of study in the occupation or profession for which the applicant is seeking a license by endorsement in this State;

(3) Has engaged in the occupation or profession for which the applicant is seeking a license by endorsement in this State pursuant to the applicants existing licensure for the period determined by the regulatory body preceding the date of the application; and

(4) Possesses a sufficient degree of competency in the occupation or profession for which he or she is seeking licensure by endorsement in this State;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and complete; and

Not later than 21 business days after receiving an application for a license by endorsement to engage in an occupation or profession pursuant to this section, the regulatory body shall provide written notice to the applicant of any additional information required by the regulatory body to consider the application. Unless the regulatory body denies the application for good cause, the regulatory body shall approve the application and issue a license by endorsement to engage in the occupation or profession to the applicant not later than:

(a) Sixty days after receiving the application;

(b) If the regulatory body requires an applicant to submit fingerprints and authorize the preparation of a report on the applicants background based on the submission of the applicants fingerprints, 15 days after the regulatory body receives the report; or

(c) If the regulatory body requires the filing and maintenance of a bond as a requirement for the issuance of a license, 15 days after the filing of the bond with the regulatory body,

Ê whichever occurs later.

A license by endorsement to engage in an occupation or profession in this State issued pursuant to this section may be issued at a meeting of the regulatory body or between its meetings by the presiding member of the regulatory body and the executive head of the regulatory body. Such an action shall be deemed to be an action of the regulatory body.
A regulatory body may deny an application for licensure by endorsement if:

(a) An applicant willfully fails to comply with the provisions of paragraph (g) of subsection 2; or

(b) The report from the Federal Bureau of Investigation indicates that the applicant has been convicted of a crime that would be grounds for taking disciplinary action against the applicant as a licensee and the regulatory body has not previously taken disciplinary action against the licensee based on that conviction.

The provisions of this section are intended to supplement other provisions of statute governing licensure by endorsement. If any provision of statute conflicts with this section, the other provision of statute prevails over this section to the extent that the other provisions provide more specific requirements relating to licensure by endorsement.

(Added to NRS by 2017, 3510 ; A 2019, 4257 )

NRS

622.530

Regulatory body to adopt regulations for license by endorsement for qualified persons; restrictions; issuance of license by endorsement; conflicts with other license by endorsement provisions. [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.]

Except as otherwise provided by specific statute relating to the issuance of a license by endorsement, a regulatory body shall adopt regulations providing for the issuance of a license by endorsement to engage in an occupation or profession in this State to any natural person who:

(a) Holds a corresponding valid and unrestricted license to engage in that occupation or profession in the District of Columbia or any state or territory of the United States;

(b) Possesses qualifications that are substantially similar to the qualifications required for issuance of a license to engage in that occupation or profession in this State; and

The regulations adopted pursuant to subsection 1 must not allow the issuance of a license by endorsement to engage in an occupation or profession in this State to a natural person unless such a person:

(b) Has not been held civilly or criminally liable in the District of Columbia or any state or territory of the United States for misconduct relating to his or her occupation or profession;

(c) Has not had a license to engage in an occupation or profession suspended or revoked in the District of Columbia or any state or territory of the United States;

(d) Has not been refused a license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States for any reason;

(e) Does not have pending any disciplinary action concerning his or her license to engage in an occupation or profession in the District of Columbia or any state or territory of the United States;

(f) Pays any applicable fees for the issuance of a license that are otherwise required for a natural person to obtain a license in this State; and

A regulatory body may, by regulation, require an applicant for issuance of a license by endorsement to engage in an occupation or profession in this State to submit with his or her application:

(a) Proof satisfactory to the regulatory body that the applicant:

(1) Has achieved a passing score on a nationally recognized, nationally accredited or nationally certified examination or other examination approved by the regulatory body;

(3) Has engaged in the occupation or

profession for which the applicant is seeking a license by endorsement in this State pursuant to the applicants existing licensure for the period determined by the regulatory body preceding the date of the application; and

(4) Possesses a sufficient degree of competency in the occupation or profession for which he or she is seeking licensure by endorsement in this State;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and complete; and

Not later than 21 business days after receiving an application for a license by endorsement to engage in an occupation or profession pursuant to this section, the regulatory body shall provide written notice to the applicant of any additional information required by the regulatory body to consider the application. Unless the regulatory body denies the application for good cause, the regulatory body shall approve the application and issue a license by endorsement to engage in the occupation or profession to the applicant not later than:

(a) Sixty days after receiving the application;

(c) If the regulatory body requires the filing and maintenance of a bond as a requirement for the issuance of a license, 15 days after the filing of the bond with the regulatory body,

Ê whichever occurs later.

A license by endorsement to engage in an occupation or profession in this State issued pursuant to this section may be issued at a meeting of the regulatory body or between its meetings by the presiding member of the regulatory body and the executive head of the regulatory body. Such an action shall be deemed to be an action of the regulatory body.
A regulatory body may deny an application for licensure by endorsement if:

(a) An applicant willfully fails to comply with the provisions of paragraph (g) of subsection 2; or

The provisions of this section are intended to supplement other provisions of statute governing licensure by endorsement. If any provision of statute conflicts with this section, the other provision of statute prevails over this section to the extent that the other provisions provide more specific requirements relating to licensure by endorsement.

(Added to NRS by 2017, 3510 , 3514 ; A 2019, 4257 , 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 623.192

NRS

623.192

Certificate of registration to practice interior design: Qualifications of applicants; standards for experience; oath; ground for denial of application.

An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the Board:

(a) An application on a form provided by the Board;

(b) The fees required pursuant to NRS 623.310 ;

(d) Proof which is satisfactory to the Board that the applicant has:

(1) Successfully completed a program of interior design accredited by the Council for Interior Design Accreditation or any successor in interest to that organization;

(2) Successfully completed a substantially equivalent program of interior design approved by the Board;

(3) Successfully completed a program of interior design or architecture, other than a program described in subparagraph (1), (2) or (4), which culminated in the award of a bachelors degree or higher degree more than 5 years before the date of the application if the applicant possesses a combination of education and experience in interior design deemed suitable by the Board; or

(4) Received a degree from an architectural program accredited by the National Architectural Accrediting Board or its successor organization, if any;

(e) A certificate issued by the National Council for Interior Design Qualification as proof that the applicant has passed the examination prepared and administered by that organization; and

(f) All information required to complete the application.

The Board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience required pursuant to the provisions of paragraph (c) of subsection 1 as those standards exist on the date of the adoption of the regulation.
Before being issued a certificate of registration to practice as a registered interior designer, each applicant must personally appear before the Board to take an oath prescribed by the Board.
Any application submitted to the Board may be denied for any violation of the provisions of this chapter, including, without limitation, any violation that might reasonably call into question the qualifications or experience of the applicant.

(Added to NRS by 1995, 1695 ; A 1997, 203 , 207 ,

541 ,

2108 ,

2209 ;

2001, 1788 ; 2005, 572 , 573 ,

2698 ,

2807 ;

2009, 299 ; 2013, 814 )

NRS 623.250

NRS

623.250

Renewal of certificate: Issuance of card; fee.

Each architect, registered interior designer or residential designer who wishes to renew a certificate of registration issued pursuant to the provisions of this chapter must submit to the Board:

(a) The fees required for renewal pursuant to the provisions of this chapter;

(b) Proof of compliance with all of the requirements established by the Board for continuing education for the renewal of the certificate of registration; and

Upon receipt of the fees required for renewal, proof satisfactory to the Board of compliance with all of the requirements established by the Board for continuing education and all information required to complete the renewal, the Secretary of the Board shall execute and issue a certificate renewal card to the applicant, certifying that the certificate of registration is renewed for 1 year after its date of expiration. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the Secretary of the Board or the Executive Director and must bear the seal of the Board.
The renewal must be recorded, together with its serial number, by the Secretary of the Board in the official register of the Board pursuant to the provisions of NRS 623.125 .

[25:220:1949; 1943 NCL § 537.25]—(NRS A 1959, 492 ; 1963, 820 ; 1975, 584 ; 1981, 759 ; 1983, 1923 ; 1995, 1701 ; 1997, 86 , 204 ,

2110 ;

2001, 1789 ; 2005, 2701 , 2807 )

NRS 623.357

NRS

623.357

Allegation and proof of registered status in action for compensation.

No person, firm, copartnership, association or other organization may bring or maintain any action in the courts of this State for the collection of compensation for the performance of any act or contract for which registration is required by this chapter without alleging and proving that such plaintiff was duly registered under this chapter at all times during the performance of such act or contract.

(Added to NRS by 1975, 580 )

NRS 624.170

NRS

624.170

Administration of oaths; taking of testimony and proofs; issuance of subpoenas.

Any member of the Board or the Executive Officer may take testimony and proofs concerning all matters within the jurisdiction of the Board.
The Board or any member thereof, or the Executive Officer, may:

(a) Administer oaths.

(b) Certify to all official acts.

(c) Issue subpoenas for the attendance of witnesses and the production of records, books and papers in connection with any hearing, investigation or other proceeding of the Board.

[Part 6:Art. I:186:1941; A 1943, 83 ; 1955, 378 ]—(NRS A 1985, 1052 ; 1987, 1046 ; 1999, 2955 )

NRS 624.256

NRS

624.256

Proof of industrial insurance; notification of Fraud Control Unit for Industrial Insurance of failure to obtain industrial insurance; disciplinary action; penalty for failure to pay contributions to Unemployment Compensation Fund.

Before granting an original or renewal of a contractors license to any applicant, the Board shall require that the applicant submit to the Board:

(a) Proof of industrial insurance and insurance for occupational diseases which covers the applicants employees;

(b) A copy of the applicants certificate of qualification as a self-insured employer which was issued by the Commissioner of Insurance;

(c) If the applicant is a member of an association of self-insured public or private employers, a copy of the certificate issued to the association by the Commissioner of Insurance; or

(d) An affidavit signed by the applicant affirming that he or she is not subject to the provisions of chapters 616A to 616D , inclusive, or chapter 617 of NRS because the applicant:

(1) Has no employees;

(2) Is not or does not intend to be a subcontractor for a principal contractor; and

(3) Has not or does not intend to submit a bid on a job for a principal contractor or subcontractor.

The Board shall notify the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 whenever the Board learns that an applicant or holder of a contractors license has engaged in business as or acted in the capacity of a contractor within this State without having obtained or maintained industrial insurance or insurance for occupational diseases in violation of the provisions of chapters 616A

to 617 , inclusive, of NRS.

Failure by an applicant or holder of a contractors license to file or maintain in full force the required industrial insurance and insurance for occupational diseases constitutes cause for the Board to deny, revoke, suspend, refuse to renew or otherwise discipline the person, unless the person has complied with the provisions set forth in paragraph (d) of subsection 1.
As soon as practicable, but not more than 3 business days after receiving notice from the Department of Employment, Training and Rehabilitation pursuant to NRS 612.642 that a judgment has been obtained against a contractor for failure to pay contributions to the Unemployment Compensation Fund or from the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 616B.630 that a contractor is not in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS, the Board shall notify the contractor by mail at the last known address of the contractor, as it appears in the records of the Board, that the Board will suspend the license of the contractor if the contractor does not furnish proof, within 30 days after the date of the notice sent by the Board, that the contractor has satisfied the judgment reported to the Board pursuant to NRS 612.642 or is in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS.
If the contractor fails to furnish proof, within 30 days after the date of the notice sent by the Board pursuant to subsection 4, that the contractor has satisfied the judgment reported to the Board pursuant to NRS 612.642 or is in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS, the Board shall, as soon as practicable, but not more than 3 business days after the expiration of the 30-day period, for a first offense:

(a) Summarily suspend the license of the contractor without further notice pursuant to subsection 4 of NRS 624.291 ; and

(b) Require the contractor to submit to the Board a list of all projects for which the contractor has unfulfilled contractual obligations where the contract was entered into on or before the date of the notice sent by the Board pursuant to subsection 4.

If a contractors license is suspended pursuant to paragraph (a) of subsection 5:

(a) The suspension must continue until the contractor furnishes proof that the contractor has satisfied the judgment reported to the Board pursuant to NRS 612.642 or is in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS;

(b) During the term of the suspension, the contractor shall not submit any bids for any new work or begin work on any project not described in the list submitted to the Board pursuant to paragraph (b) of subsection 5; and

(1) The Office of the Labor Commissioner, which shall, as soon as practicable, but not more than 3 business days after receipt of the notice, add the name of the contractor to the list of contractors who are disqualified to bid on public works; and

(2) The State Public Works Board, which shall, as soon as practicable, but not more than 3 business days after receipt of the notice, add the name of the contractor to the list of contractors who are not prequalified to bid on public works.

If the name of a contractor is added to a list pursuant to paragraph (c) of subsection 6, the Office of the Labor Commissioner or the State Public Works Board, as applicable, shall remove the name from the list when notified by the Board that the suspension has been lifted pursuant to paragraph (a) of subsection 6.
If the Board finds that a contractor has failed to provide a complete list of projects in accordance with paragraph (b) of subsection 5 or has violated paragraph (b) of subsection 6, the Board shall:

(a) For a first offense, suspend the contractors license for an additional 12 months after the contractor furnishes the proof described in paragraph (a) of subsection 6; and

(b) For a second or subsequent offense, conduct a hearing pursuant to NRS 624.291 , and, if it is determined at the hearing that a second or subsequent offense has been committed, revoke the contractors license.

If a contractor for whom the suspension of a contractors license has been lifted after providing the proof required pursuant to paragraph (a) of subsection 6 receives notice from the Board pursuant to subsection 4 within 5 years after the date of reinstatement and the contractor fails to furnish proof, within 30 days after the date of the notice sent by the Board, that the contractor has satisfied the judgment reported to the Board pursuant to NRS 612.642 or is in full compliance with the requirements of chapters 616A to 617 , inclusive, of NRS, the Board shall conduct a hearing pursuant to NRS 624.291 and, if it is determined at the hearing that a second or subsequent offense has been committed within a 5-year period, revoke the contractors license.

(Added to NRS by 1983, 541 ; A 1987, 1138 ; 1993, 781 ; 1995, 1879 ; 1999, 237 ; 2007, 858 ; 2013, 2208 )

NRS 624.320

NRS

624.320

Allegation and proof of license in action on contract.

No person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, engaged in the business or acting in the capacity of a contractor shall bring or maintain any action in the courts of this State for the collection of compensation for the performance of any act or contract for which a license is required by this chapter without alleging and proving that such person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, was a duly licensed contractor at all times during the performance of such act or contract and when the job was bid.

[3:Art. VII:186:1941; Added 1943, 83 ; A 1953, 521 ]

NRS 624.490

NRS

624.490

Application to Board for satisfaction of judgment from account.

Within 2 years after an injured person has obtained a judgment in any court of competent jurisdiction for recovery of damages against a residential contractor for an act or omission of the residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto, the injured person may apply to the Board for satisfaction of the judgment from the account if:

The proceedings in connection with the judgment have terminated, including appeals;
The injured person submits an application on a form established for this purpose by the Board;
The injured person submits proof satisfactory to the Board of the judgment; and
Upon obtaining payment from the account, the injured person assigns to the Board his or her rights to enforce the judgment up to the amount of his or her payment from the account. All other applicable rights remain with the injured person.

(Added to NRS by 1999, 1968 ; A 2021, 421 )

NRS 624.622

NRS

624.622

Requirements concerning notices; prohibited provisions; exemptions; requests for information.

A prime contractor shall provide a copy of any notice given to an owner pursuant to subsection 1 or 2 of NRS 624.610 to each lower-tiered subcontractor with whom the prime contractor has entered into an agreement. Upon receipt of payment pursuant to NRS 624.609 , the prime contractor shall notify all such lower-tiered subcontractors in writing of receipt of payment.
A condition, stipulation or provision in an agreement which:

(a) Requires a prime contractor to waive any rights provided in this section, NRS 624.609 ,

624.610 , 624.620 or 624.630 , or which limits those rights;

(b) Relieves an owner of any obligation or liability imposed pursuant to NRS 624.606

to 624.630 , inclusive; or

(c) Requires a prime contractor to waive, release or extinguish a claim or right for damages or an extension of time that the prime contractor may otherwise possess or acquire as a result of delay, acceleration, disruption or an impact event that is unreasonable under the circumstances, that was not within the contemplation of the parties at the time the agreement was entered into, or for which the prime contractor is not responsible,

Ê is against public policy and is void and unenforceable.

All notices required pursuant to NRS 624.609 to 624.622 , inclusive, must be:

(a) Delivered personally, in which case the prime contractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;

(b) Sent by facsimile and delivered by regular mail, in which case the prime contractor shall retain proof of a successful transmission of the facsimile;

(d) Delivered in the manner provided for in the agreement.

NRS 624.609 to 624.622 , inclusive, do not apply to an agreement between:

(a) A prime contractor and a natural person who owns a single-family residence for the performance of qualified services with respect to the residence; or

(b) A public body and a prime contractor for the performance of work and labor on a public work.

Within 5 days after an owner receives a written request for the information set forth in paragraphs (a), (b) and (c) from a lower-tiered subcontractor, the owner shall notify the lower-tiered subcontractor in writing of the following:

(a) The date the owner made a specified payment to the prime contractor;

(b) Whether the owner has paid the entire amount of a specified payment to the prime contractor; and

(c) The amount withheld by the owner from a specified payment to the prime contractor and the condition or reason for the withholding.

(Added to NRS by 2001, 1620 ; A 2005, 1727 )

Agreements Between Higher-Tiered Contractor and Lower-Tiered Subcontractor

NRS 624.628

NRS

624.628

Requirements concerning notices; prohibited provisions; requests for information.

A lower-tiered subcontractor shall provide a copy of any notice given to a higher-tiered contractor pursuant to this section or NRS 624.624 or 624.626 to each lower-tiered subcontractor with whom the lower-tiered subcontractor has entered into an agreement and who has not fully performed under the agreement. Upon receipt of payment pursuant to NRS 624.624 , the lower-tiered subcontractor shall notify all of his or her lower-tiered subcontractors in writing of receipt of payment.
A lower-tiered subcontractor shall provide a copy of any notice given to a higher-tiered contractor pursuant to this section or NRS 624.624 or 624.626 to all other higher-tiered contractors and the owner, if known. The failure of a lower-tiered subcontractor to comply with this subsection does not invalidate any notice otherwise properly given.
A condition, stipulation or provision in an agreement which:

(a) Requires a lower-tiered subcontractor to waive any rights provided in NRS 624.624

to 624.630 , inclusive, or which limits those rights;

(b) Relieves a higher-tiered contractor of any obligation or liability imposed pursuant to NRS 624.624 to 624.630 , inclusive; or

(c) Requires a lower-tiered subcontractor to waive, release or extinguish a claim or right for damages or an extension of time that the lower-tiered subcontractor may otherwise possess or acquire as a result of delay, acceleration, disruption or an impact event that is unreasonable under the circumstances, that was not within the contemplation of the parties at the time the agreement was entered into, or for which the lower-tiered subcontractor is not responsible,

Ê is against public policy and is void and unenforceable.

All notices required pursuant to this section or NRS 624.624 or 624.626 must be:

(a) Delivered personally, in which case the lower-tiered subcontractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;

(b) Sent by facsimile and delivered by regular mail, in which case the lower-tiered subcontractor shall retain proof of a successful transmission of the facsimile;

(d) Delivered in the manner provided in the agreement between the higher-tiered contractor and the lower-tiered subcontractor.

Within 5 days after the owner or any higher-tiered contractor receives a written request for the information set forth in paragraphs (a), (b) and (c) from a lower-tiered subcontractor with respect to an agreement that has not been fully performed, the owner or higher-tiered contractor shall notify the lower-tiered subcontractor in writing of the following:

(a) The date the owner or higher-tiered contractor made a specified payment to the prime contractor or lower-tiered subcontractor;

(b) Whether the owner or higher-tiered contractor has paid the prime contractor or lower-tiered subcontractor the entire amount of a specified payment; and

(c) The amount withheld by the owner or higher-tiered contractor of a specified payment to his or her prime contractor or lower-tiered subcontractor and the condition or reason for the withholding.

(Added to NRS by 2001, 1618 ; A 2005, 1733 )

Payment of Interest

NRS 625.350

NRS

625.350

Record of survey: Form and contents.

A record of survey must be a map legibly drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for that purpose in the engineering profession. The size of each sheet must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and 2 inches at the left edge along the 24-inch dimension.
A record of survey must show:

(a) All monuments found, set, reset or replaced, describing their kind, size and location and giving other data relating thereto.

(b) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.

(d) The tie to the control network maintained by the National Geodetic Survey of the National Oceanic and Atmospheric Administration, if points of the network are established in the area in which the survey is made.

(e) A memorandum of oaths, if any.

(f) The signature and validated stamp of the surveyor who performed the survey.

(g) A certificate prepared by the surveyor indicating:

(1) The person or entity for whom the survey was performed;

(2) The general vicinity of the property being surveyed;

(3) The date the survey was completed;

(4) Whether monuments were found or set and, if so, their character and location as shown; and

(5) Any other pertinent information.

(h) Any other data necessary for the interpretation of the various items and locations of the points, lines and areas shown.

If the land surveyed is described in terms of area, the record of the survey must show the area of the land surveyed in the following manner:

(a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

(b) In square feet, if the area is less than 2 acres.

As used in this section, control network means a system of coordinates that defines latitude, longitude, height, scale, gravity and orientation throughout the United States.

[Part 15:198:1919; added 1947, 797 ; A 1949, 639 ; 1953, 196 ; 1955, 391 ]—(NRS A 1960, 138 ; 1985, 899 , 1691 ;

1993, 1195 ; 1997, 1048 )

NRS 625.398

NRS

625.398

Regulations concerning continuing education for professional engineers and professional land surveyors.

The Board shall adopt regulations concerning continuing education for professional engineers and professional land surveyors. The regulations must include:

The number of hours of credit required annually;
The criteria used to accredit each course; and
The requirements for submission of proof of attendance at courses.

(Added to NRS by 1995, 50 )

NRS 627.030

NRS

627.030

Categories of disbursements defined.

Categories of disbursements means categories of construction funds to be disbursed in payment of work, labor and material bills due for construction, repair, alteration or improvement of premises. Such categories shall be in writing and include but not be limited to structural masonry, masonry veneer, plumbing, electrical work, carpentry, reinforcing steel, structural steel, earthwork, heating and ventilating and air-conditioning, glass and glazing, lath and plaster or sheetrock, insulation and soundproofing, finish flooring, painting and decorating, concrete or asphalt paving, and shall provide for the complete, full and final disbursement of all of the construction funds.

(Added to NRS by 1965, 1179 )

NRS 630.1605

NRS

630.1605

License by endorsement to practice medicine.

Except as otherwise provided in NRS 630.161 , the Board may issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:

(a) At the time the applicant files an application with the Board, the license is in effect;

(b) The applicant:

(1) Submits to the Board proof of passage of an examination approved by the Board;

(2) Submits to the Board any documentation and other proof of qualifications required by the Board;

(3) Meets all of the statutory requirements for licensure to practice medicine in effect at the time of application except for the requirements set forth in NRS 630.160 ; and

(4) Completes any additional requirements relating to the fitness of the applicant to practice required by the Board; and

(c) Any documentation and other proof of qualifications required by the Board is authenticated in a manner approved by the Board.

A license by endorsement to practice medicine may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2003, 1886 ; A 2007, 1825 ; 2009, 2952 , 2999 )

NRS 630.1606

NRS

630.1606

Expedited license by endorsement to practice medicine: Requirements; procedure for issuance.

Except as otherwise provided in NRS 630.161 , the Board may issue a license by endorsement to practice medicine to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license to practice medicine in the District of Columbia or any state or territory of the United States; and

(b) Is certified in a specialty recognized by the American Board of Medical Specialties.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice medicine; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice medicine pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice medicine to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice medicine may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 2996 ; A 2019, 4264 )

NRS 630.1607

NRS

630.1607

Expedited license by endorsement to practice medicine: Requirements; procedure for issuance; provisional license pending action on application.

Except as otherwise provided in NRS 630.161 , the Board may issue a license by endorsement to practice medicine to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license to practice medicine in the District of Columbia or any state or territory of the United States; and

(b) Is certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice medicine pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice medicine to the applicant not later than:

(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

(b) Ten days after receiving a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice medicine may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice medicine in accordance with regulations adopted by the Board.

(Added to NRS by 2015, 3866 ; A 2019, 4265 )

NRS 630.165

NRS

630.165

Application and affidavit for license or license by endorsement to practice medicine; additional requirements; burden of proof.

Except as otherwise provided in subsection 2, an applicant for a license to practice medicine must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

(a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

(b) The information contained in the application and any accompanying material is complete and correct.

An applicant for a license by endorsement to practice medicine pursuant to NRS 630.1605 , 630.1606 or 630.1607 must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

(a) The applicant is the person named in the license to practice medicine issued by the District of Columbia or any state or territory of the United States and that the license was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

(b) The information contained in the application and any accompanying material is complete and correct.

An application submitted pursuant to subsection 1 or 2 must include all information required to complete the application.
In addition to the other requirements for licensure, the Board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.
The applicant bears the burden of proving and documenting his or her qualifications for licensure.

(Added to NRS by 1985, 2221 ; A 1987, 194 ; 1997, 681 , 2120 ;

1999, 520 ; 2003, 1888 ; 2005, 2713 , 2807 ;

2015, 3000 , 3870 )

NRS 630.170

NRS

630.170

Submission of evidence of graduation from accredited medical school in United States or Canada.

In addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a medical school located in the United States or Canada shall submit to the Board proof that the applicant has received the degree of doctor of medicine from a medical school which, at the time of graduation, was accredited by the Liaison Committee on Medical Education or the Committee for the Accreditation of Canadian Medical Schools. The proof of the degree of doctor of medicine must be submitted directly to the Board by the medical school that granted the degree. If proof of the degree is unavailable from the medical school, the Board may accept proof from any other source specified by the Board.

[Part 8:169:1949; A 1953, 662 ; 1955, 103 ]—(NRS A 1969, 211 ; 1973, 508 ; 1983, 303 ; 1985, 2229 ; 2009, 2953 )

NRS 630.171

NRS

630.171

Submission of certificate and proof satisfactory of completion of progressive postgraduate training by applicant for license to practice medicine.

Except as otherwise provided in NRS 630.263 , in addition to the other requirements for licensure, an applicant for a license to practice medicine shall cause to be submitted to the Board, if applicable:

A certificate of completion of progressive postgraduate training from the residency program where the applicant completed training; and
Proof of satisfactory completion of a progressive postgraduate training program specified in subparagraph (3) of paragraph (c) of subsection 2 of NRS 630.160

within 60 days after the scheduled completion of the program.

(Added to NRS by 2003, 3427 ; A 2003, 20th Special Session, 264 ; 2011, 889 ; 2015, 3871 ; 2019, 4266 )

NRS 630.195

NRS

630.195

Submission of evidence of degree and passage of examination by applicant who is graduate of foreign medical school.

Except as otherwise provided in NRS 630.1606 and 630.1607 , in addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a foreign medical school shall submit to the Board proof that the applicant has received:

(a) The degree of doctor of medicine or its equivalent, as determined by the Board; and

(b) The standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that the applicant passed the examination given by the Commission.

The proof of the degree of doctor of medicine or its equivalent must be submitted directly to the Board by the medical school that granted the degree. If proof of the degree is unavailable from the medical school that granted the degree, the Board may accept proof from any other source specified by the Board.

(Added to NRS by 1969, 214 ; A 1973, 509 ; 1975, 960 ; 1977, 1564 ; 1983, 304 ; 1985, 2230 ; 2009, 2953 ; 2015, 3000 , 3871 )

NRS 630.258

NRS

630.258

Special volunteer medical license.

A physician who is retired from active practice and who:

(a) Wishes to donate his or her expertise for the medical care and treatment of persons in this State who are indigent, uninsured or unable to afford health care; or

(b) Wishes to provide services for any disaster relief operations conducted by a governmental entity or nonprofit organization,

Ê may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

An application for a special volunteer medical license must be on a form provided by the Board and must include:

(a) Documentation of the history of medical practice of the physician;

(b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that the physician has never been the subject of disciplinary action by a medical board in any jurisdiction;

(c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 or the requirements for licensure by endorsement set forth in NRS 630.1605 , 630.1606 or 630.1607 ;

(d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care:

(1) To persons in this State who are indigent, uninsured or unable to afford health care; or

(2) As part of any disaster relief operations conducted by a governmental entity or nonprofit organization; and

(e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board must issue a special volunteer medical license to the physician.
The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance of the renewed license.
The Board shall not charge a fee for:

(a) The review of an application for a special volunteer medical license; or

(b) The issuance or renewal of a special volunteer medical license pursuant to this section.

A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this State pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.
A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

(Added to NRS by 2001, 373 ; A 2003, 1888 ; 2007, 3044 ; 2009, 2955 ; 2015, 3000 , 3871 ;

2017, 2856 )

NRS 630.2645

NRS

630.2645

Restricted license to teach, research or practice medicine at medical facility, medical research facility or medical school.

Except as otherwise provided in NRS 630.161 , the Board may issue a restricted license to teach, research or practice medicine to a person if:

(a) The person:

(1) Submits to the Board:

(I) Proof that the person is a graduate of a foreign medical school, as provided in NRS 630.195 , or a physician who has previously been issued an unrestricted license to practice medicine in any state of the United States and that the physician has never been the subject of disciplinary action by a medical board in any jurisdiction;

(II) Proof that the person teaches, researches or practices medicine; and

(III) Any other documentation or proof of qualifications required by the Board; and

(2) Intends to teach, research or practice medicine at a medical facility, medical research facility or medical school in this State.

(b) Any other documentation or proof of qualifications required by the Board is authenticated in a manner approved by the Board.

A person who applies for a restricted license pursuant to this section is not required to take or pass a written examination concerning his or her qualifications to practice medicine.
A person who holds a restricted license issued pursuant to this section may practice medicine in this State only in accordance with the terms and restrictions established by the Board.
If a person who holds a restricted license issued pursuant to this section ceases to teach, research or practice medicine in this State at the medical facility, medical research facility or medical school where the person is employed:

(a) The medical facility, medical research facility or medical school, as applicable, shall notify the Board; and

(b) Upon receipt of such notification, the restricted license expires automatically.

The Board may renew or modify a restricted license issued pursuant to this section, unless the restricted license has expired automatically or has been revoked.
The provisions of this section do not limit the authority of the Board to issue a restricted license to an applicant in accordance with any other provision of this chapter.
A restricted license to teach, research or practice medicine may be issued, renewed or modified at a meeting of the Board or between its meetings by the President and the Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2007, 3041 ; A 2007, 1822 ; 2013, 2014 ; 2015, 490 )

NRS 630.2695

NRS

630.2695

Expiration, renewal and reinstatement of licenses.

Each license issued pursuant to NRS 630.2694 expires on June 30, or if June 30 is a Saturday, Sunday or legal holiday, on the next business day after June 30, of every odd-numbered year and may be renewed if, before the license expires, the holder of the license submits to the Board:

(a) A completed application for renewal on a form prescribed by the Board;

(b) Proof of completion of the requirements for continuing education prescribed by regulations adopted by the Board pursuant to

NRS 630.269 ; and

A license that expires pursuant to this section not more than 2 years before an application for renewal is made may be reinstated only if the applicant:

(a) Complies with the provisions of subsection 1; and

(b) Submits to the Board the fees:

(1) For the reinstatement of an expired license, prescribed by regulations adopted by the Board pursuant to NRS 630.269 ; and

(2) For each biennium that the license was expired, for the renewal of the license.

If a license has been expired for more than 2 years, a person may not renew or reinstate the license but must apply for a new license and submit to the examination required pursuant to NRS 630.2692 .
The Board shall send a notice of renewal to each licensee not later than 60 days before his or her license expires. The notice must include the amount of the fee for renewal of the license.

(Added to NRS by 2009, 2944 ; A 2011, 2859 ; 2015, 491 )

NRS 630.2751

NRS

630.2751

Expedited license by endorsement: Requirements; procedure for issuance.

The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 2996 ; A 2019, 4270 ; 2021, 760 )

NRS 630.2752

NRS

630.2752

Expedited license by endorsement to practice as physician assistant for active member of Armed Forces, members spouse, veteran or veterans surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice as a physician assistant; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:

(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physician assistant in accordance with regulations adopted by the Board.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3867 ; A 2019, 4270 ; 2021, 761 )

NRS 630.336

NRS

630.336

Confidentiality of certain proceedings, reports, complaints, investigations, records and other information; exceptions.

Any deliberations conducted or vote taken by the Board or any investigative committee of the Board regarding its ordering of a physician, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care to undergo a physical or mental examination or any other examination designated to assist the Board or committee in determining the fitness of a physician, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care are not subject to the requirements of NRS 241.020 .
Except as otherwise provided in subsection 3 or 4, all applications for a license to practice medicine, perfusion or respiratory care, any charges filed by the Board, financial records of the Board, formal hearings on any charges heard by the Board or a panel selected by the Board, records of such hearings and any order or decision of the Board or panel must be open to the public.
Except as otherwise provided in NRS 239.0115 , the following may be kept confidential:

(a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;

(b) Any report concerning the fitness of any person to receive or hold a license to practice medicine, perfusion or respiratory care; and

(1) The Board and any of its committees or panels; and

(2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

Except as otherwise provided in subsection 5 and NRS 239.0115 , a complaint filed with the Board pursuant to NRS 630.307 , all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.
The formal complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.
The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or agency or any agency which is investigating a person, including a law enforcement agency. Such cooperation may include, without limitation, providing the board or agency with minutes of a closed meeting, transcripts of oral examinations and the results of oral examinations.

(Added to NRS by 1977, 826 ; A 1985, 2241 ; 1987, 201 ; 1989, 664 ; 2001, 769 ; 2003, 3435 ; 2007, 2134 ; 2009, 2968 ; 2011, 2863 ; 2013, 2215 ; 2023, 1560 )

Disciplinary Proceedings

NRS 630.344

NRS

630.344

Service of process; publication of notice.

Except as otherwise provided in subsection 2, service of process under this chapter must be made on a licensee personally, or by registered or certified mail with return receipt requested addressed to the licensee at his or her last known address. If personal service cannot be made and if notice by mail is returned undelivered, the President or Secretary-Treasurer of the Board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the licensee or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
In lieu of the methods of service of process set forth in subsection 1, if the Board obtains written consent from the licensee, service of process under this chapter may be made by electronic mail on the licensee at an electronic mail address designated by the licensee in the written consent.
Proof of service of process or publication of notice made under this chapter must be filed with the Board and may be recorded in the minutes of the Board.

(Added to NRS by 1977, 826 ; A 1985, 2242 ; 2001, 769 ; 2013, 2015 ; 2015, 498 )

NRS 630.346

NRS

630.346

Board, panel or hearing officer not bound by formal rules of evidence; requirements for proof; burden of proof.

In any disciplinary hearing:

The Board, a panel of the members of the Board and a hearing officer are not bound by formal rules of evidence, except that evidence must be taken and considered in the hearing pursuant to NRS 233B.123 , and a witness must not be barred from testifying solely because the witness was or is incompetent.
A finding of the Board must be supported by a preponderance of the evidence.
Proof of actual injury need not be established.
A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice medicine, perfusion or respiratory care is conclusive evidence of its occurrence.

(Added to NRS by 1977, 826 ; A 1985, 2243 ; 2001, 770 ; 2009, 2970 ; 2011, 2864 ; 2017, 2846 )

NRS 630.388

NRS

630.388

Injunctive relief.

In addition to any other remedy provided by law, the Board, through its President or Secretary-Treasurer or the Attorney General, may apply to any court of competent jurisdiction:

(a) To enjoin any prohibited act or other conduct of a licensee which is harmful to the public;

(b) To enjoin any person who is not licensed under this chapter from practicing medicine, perfusion or respiratory care;

(c) To limit the practice of a physician, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care, or suspend his or her license to practice;

(d) To enjoin the use of the title P.A., P.A.-C, C.A.A., R.C.P. or any other word, combination of letters or other designation intended to imply or designate a person as a physician assistant, anesthesiologist assistant or practitioner of respiratory care, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute; or

(e) To enjoin the use of the title L.P., T.L.P., licensed perfusionist, temporarily licensed perfusionist or any other word, combination of letters or other designation intended to imply or designate a person as a perfusionist, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.

The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:

(a) Without proof of actual damage sustained by any person;

(b) Without relieving any person from criminal prosecution for engaging in the practice of medicine, perfusion or respiratory care without a license; and

(Added to NRS by 1977, 825 ; A 1985, 2241 ; 1987, 201 ; 2001, 768 ; 2003, 3435 ; 2009, 2973 ; 2023, 1561 )

NRS 631.220

NRS

631.220

Application for license: Filing; contents; approval or rejection without Board review; regulations.

Every applicant for a license to practice dental hygiene, dental therapy, dentistry or expanded function dental assistance must:

(a) File an application with the Board.

(b) Accompany the application with a recent photograph of the applicant together with the required fee and such other documentation as the Board may require by regulation.

(c) Submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(d) If the applicant is required to take an examination pursuant to NRS 631.240 , 631.300 , 631.3121 ,

631.31286 or 631.31287 , submit with the application proof satisfactory that the applicant passed the examination.

In addition to satisfying the requirements of subsection 1, if an applicant for a license to practice dental hygiene, dental therapy or dentistry intends to provide services through teledentistry, the applicant must submit to the Board proof that the applicant has completed:

(a) At least 2 hours of continuing education concerning teledentistry; or

(b) A course in teledentistry as part of the requirements for graduation from an accredited institution.

An application must include all information required to complete the application.
The Secretary-Treasurer may, in accordance with regulations adopted by the Board and if the Secretary-Treasurer determines that an application is:

(a) Sufficient, advise the Executive Director of the sufficiency of the application. Upon the advice of the Secretary-Treasurer, the Executive Director may issue a license to the applicant without further review by the Board.

(b) Insufficient, reject the application by sending written notice of the rejection to the applicant.

[Part 5:152:1951]—(NRS A 1967, 865 ; 1987, 858 ; 1989, 1739 ; 1995, 276 ; 1997, 2124 ; 2003, 2860 ; 2005, 2717 , 2807 ;

2007, 505 ; 2015, 3875 ; 2019, 3208 ; 2023, 3080 , 3329 ,

3411 )

NRS 631.2715

NRS

631.2715

Limited license to supervise certain courses of continuing education.

The Board shall, without a clinical examination required by NRS 631.240 or 631.300 , issue a limited license to a person to supervise courses of continuing education involving live patients at an institute or organization with a permanent facility registered with the Board for the sole purpose of providing postgraduate continuing education in dentistry if the person has received a degree from a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor.
A limited license issued pursuant to this section expires 1 year after the date of its issuance and may be renewed annually upon submission of proof acceptable to the Board of compliance with subsection 1 and payment of any fee required pursuant to subsection 3.
The Board may impose a fee of not more than $100 for the issuance and each renewal of a limited license issued pursuant to this section.
A limited license issued pursuant to this section may be suspended or revoked by the Board if the holder of the limited license:

(a) Has had a license to practice dentistry suspended, revoked or placed on probation in another state, territory or possession of the United States, the District of Columbia or a foreign country;

(b) Has been convicted of a felony or misdemeanor involving moral turpitude; or

A holder of a limited license issued pursuant to this section shall notify the Board in writing by certified mail not later than 30 days after:

(a) The death of a patient being treated by a dentist under the supervision of the holder of a limited license;

(b) Any incident which:

(1) Results in the hospitalization of or a permanent physical or mental injury to a patient being treated by a dentist under the supervision of the holder of a limited license; and

(2) Occurs while the dentist is treating the patient under the supervision of the holder of a limited license; or

(Added to NRS by 2009, 1525 )

NRS 631.288

NRS

631.288

Special endorsement of license to practice restorative dental hygiene: Application by qualified dental hygienist; issuance; renewal; limitations on practice.

The Board shall, upon application by a dental hygienist who has the qualifications prescribed by subsection 2, issue a special endorsement of the license allowing the dental hygienist to practice restorative dental hygiene pursuant to NRS 631.3129 . The special endorsement may be renewed biennially upon renewal of the license of the dental hygienist.
An applicant for a special endorsement allowing a dental hygienist to practice restorative dental hygiene must include in his or her application proof that he or she:

(a) Holds an active license in good standing as a dental hygienist in this State; and

(b) Has successfully completed a course on restorative dental hygiene.

A dental hygienist with a special endorsement of his or her license issued pursuant to subsection 1 may only practice restorative dental hygiene under the authorization of a dentist who is licensed in this State, unless otherwise authorized by NRS 631.287 or a regulation adopted by the Board.

(Added to NRS by 2023, 3405 )

NRS 631.31286

NRS

631.31286

Expanded function dental assistants: Contents of application for license.

Except as otherwise provided in NRS 631.31287 , an applicant for a license as an expanded function dental assistant must include in his or her application proof that he or she:

Possesses the following qualifications:

(a) Graduation from an accredited program for dental assisting with expanded functions; or

(b) Successful completion of a course of training for expanded function dental assistants and:

(1) Graduation from an accredited program for dental assisting without expanded functions; or

(2) Employment as a dental assistant working full-time for at least 2 years or part-time for at least 4 years and a passing score on the examination for Certified Dental Assistants administered by the Dental Assisting National Board, or its successor organization;

Holds a current certification in the techniques of administering cardiopulmonary resuscitation;
Has passed a written clinical examination given by the Board upon such subjects as the Board deems necessary for the practice of expanded function dental assistance; and
Has passed a written examination given by the Board concerning laws and regulations governing the practice of expanded function dental assistance in this State.

(Added to NRS by 2023, 3405 )

NRS 631.31287

NRS

631.31287

Expanded function dental assistants: Application for license by endorsement; training.

An applicant for a license by endorsement as an expanded function dental assistant must include in his or her application proof that he or she:

(a) Is currently licensed as an expanded function dental assistant in another state or territory of the United States, or the District of Columbia;

(b) Possesses the following qualifications:

(1) Graduation from an accredited program for dental assisting with expanded functions; or

(2) Employment as a dental assistant or an expanded function dental assistant working full-time for at least 2 years or part-time for at least 4 years; and

(c) Has passed a written examination given by the Board concerning laws and regulations governing the practice of expanded function dental assistance in this State.

The Board may require an applicant for licensure by endorsement as an expanded function dental assistant to complete any training that the Board deems necessary for the applicant to be able to practice expanded function dental assistance with the same degree of competence as a person who possesses the qualifications described in NRS 631.31286 .

(Added to NRS by 2023, 3405 )

NRS 631.330

NRS

631.330

Renewal of license: Requirements; issuance of renewal certificate; automatic suspension or revocation; reinstatement.

Licenses issued pursuant to NRS 631.271 , 631.2715 and 631.275 must be renewed annually. All other licenses must be renewed biennially.
Except as otherwise provided in NRS 631.271 , 631.2715 and 631.275 :

(a) Each holder of a license to practice dentistry, dental hygiene, dental therapy or expanded function dental assistance must, upon:

(1) Payment of the required fee;

(2) Submission of proof of completion of the required continuing education; and

(3) Submission of all information required to complete the renewal,

Ê be granted a renewal certificate which will authorize continuation of the practice for 2 years.

(b) A licensee must comply with the provisions of this subsection and subsection 1 on or before June 30. Failure to comply with those provisions by June 30 every 2 years automatically suspends the license, and it may be reinstated only upon payment of the fee for reinstatement and compliance with the requirements of this subsection.

If a license suspended pursuant to this section is not reinstated within 12 months after suspension, it is automatically revoked.

[Part 4:152:1951; A 1953, 363 ] + [8:152:1951]—(NRS A 1957, 343 ; 1967, 866 ; 1981, 1976 ; 1985, 381 ; 1997, 2124 ; 1999, 1656 , 2849 ;

2005, 285 , 2722 ,

2807 ;

2009, 1528 ; 2019, 3214 ; 2023, 3417 )

NRS 631.335

NRS

631.335

Inactive or other nonpracticing status of license; reinstatement.

The license of a person who does not actively practice in this State for 1 year automatically reverts to inactive status at the time the license renewal fee is next payable. If a person whose license has reverted to inactive status:

(a) Continues to practice actively outside this State, the license may be reinstated to active status by the Secretary-Treasurer if the person pays the required reinstatement fee and complies with the conditions prescribed by the regulations of the Board.

(b) Does not continue to practice, the license may be reinstated to active status only upon the motion of the Board, submission of the required reinstatement fee and proof of continuing education, and compliance with the conditions prescribed by the regulations of the Board.

A licensee who has a disability and cannot practice, or who is retired must be issued a license which reflects that status when the fee to renew the license is next payable. The license may be reinstated to active status only upon the motion of the Board, submission of the required reinstatement fee and proof of continuing education, and compliance with the conditions prescribed by the regulations of the Board.

(Added to NRS by 1981, 1974 ; A 1985, 381 ; 1989, 1740 ; 1995, 277 ; 1999, 1656 , 2849 )

NRS 631.342

NRS

631.342

Continuing education: Required courses and training; regulations.

The Board shall adopt regulations concerning continuing education in dentistry, dental hygiene, dental therapy and expanded function dental assistance. The regulations must include:

(a) Except as provided in NRS 631.3425 , the number of hours of credit required annually;

(b) The criteria used to accredit each course, including, without limitation, specific criteria used to accredit a course in teledentistry; and

Except as otherwise provided in subsection 3, as part of continuing education, each licensee must complete a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(a) An overview of acts of terrorism and weapons of mass destruction;

(b) Personal protective equipment required for acts of terrorism;

(c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(e) An overview of the information available on, and the use of, the Health Alert Network.

Instead of the course described in subsection 2, a licensee may complete:

(a) A course in Basic Disaster Life Support or a course in Core Disaster Life Support if the course is offered by a provider of continuing education accredited by the National Disaster Life Support Foundation; or

(b) Any other course that the Board determines to be the equivalent of a course specified in paragraph (a).

Notwithstanding the provisions of subsections 2 and 3, the Board may determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
Each licensee must complete, as part of continuing education, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.
In addition to any other continuing education required pursuant to this section, a licensee who holds a special endorsement issued pursuant to NRS 631.285

must biennially complete:

(a) At least 2 hours of continuing education concerning the life cycle of diseases, drugs and the administration of immunizations;

(b) A course offered by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services concerning the epidemiology and prevention of diseases that are preventable by immunization;

(c) A course of training in the administration of immunizations offered by Immunize Nevada or its successor organization or, if that organization ceases to exist, another organization prescribed by regulation of the Board; or

(d) Another course of instruction relating to immunizations that is approved by:

(1) The Board;

(2) The American Dental Association, or its successor organization, or the societies which are a part of it;

(3) The American Dental Hygienists Association, or its successor organization, or the societies which are a part of it;

(4) The Academy of General Dentistry, or its successor organization;

(5) Any nationally recognized association of dental or medical specialists;

(6) Any university, college or community college located inside or outside this State; or

(7) Any hospital accredited by The Joint Commission.

As used in this section:

(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415 .

(b) Biological agent has the meaning ascribed to it in NRS 202.442 .

(d) Radioactive agent has the meaning ascribed to it in NRS 202.4437 .

(e) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445 .

(Added to NRS by 1985, 379 ; A 2003, 2956 ; 2009, 301 ; 2019, 3215 ; 2021, 389 ; 2023, 3329 , 3418 )

NRS 631.343

NRS

631.343

Persons exempt from requirement of continuing education.

A holder of an inactive license, or the holder of a license who is retired or has a disability, is exempt from the requirement of continuing education. If the holder of such a license applies to the Board to reactivate it, he or she must submit proof of continuing education for the year in which the license is restored to active status.

(Added to NRS by 1985, 379 )

NRS 631.34583

NRS

631.34583

Bona fide relationship with patient required before use of teledentistry authorized; actions required before providing services through teledentistry; requirements for informed consent.

Except as otherwise provided in this subsection, a licensee must establish a bona fide relationship, as defined by regulation of the Board, with a patient before providing services to the patient through teledentistry. A licensee may establish such a relationship through teledentistry only:

(a) For the purpose of emergent care;

(b) In connection with a public health program; or

(c) To make an initial diagnosis of a malposition of teeth and a determination of the need for an orthodontic appliance. Such an initial diagnosis and determination must be confirmed through an in-person visit before the patient begins using the orthodontic appliance.

Before providing services to a patient through teledentistry, a licensee shall:

(a) Confirm the identity of the patient;

(b) If the patient is a minor who is not authorized by law to consent to the services, confirm that the parent or legal guardian of the patient is present;

(c) Confirm that the patient is located in a jurisdiction where the licensee is licensed or otherwise authorized to practice and document the location of the patient in the record of the patient;

(d) Obtain:

(1) Informed verbal or written consent that meets the requirements of subsection 4 from a patient who is an adult or a minor authorized by law to provide consent; or

(2) Informed written consent that meets the requirements of subsection 4 from the parent or guardian of a patient who is a minor and is not authorized by law to provide consent; and

(e) Document the informed consent provided pursuant to paragraph (d) in the record of the patient.

Before providing services through teledentistry and upon the request of a patient to whom services are provided through teledentistry, a licensee or any partnership, corporation or other entity through which a licensee provides services shall make available to the patient proof of the identity of the licensee, the telephone number of the licensee, the address at which the licensee practices, the license number of the licensee and any other relevant information concerning the qualifications of the licensee and any other licensee who will be involved in providing the services through teledentistry.
Informed consent to the provision of services through teledentistry requires the patient or his or her parent or guardian, as applicable, to be informed of:

(a) The types of services that will be provided through teledentistry and any limitations on the provision of those services through teledentistry;

(b) The information prescribed by subsection 3 for each licensee who will provide services through teledentistry;

(d) Any other information prescribed by regulation of the Board.

As used in this section:

(a) Emergent care means treatment of pain, infection or any other intraoral or perioral condition which presents immediate harm to the well-being of the patient and for which treatment cannot be postponed.

(b) Public health program means a program approved by the Board or any program administered by:

(1) The Department of Health and Human Services;

(2) A health district; or

(3) A school district.

(Added to NRS by 2023, 3323 )

NRS 631.391

NRS

631.391

Regulations for administration of certain neuromodulators related to Clostridium botulinum and dermal or soft tissue fillers; proof of training.

The Board shall adopt regulations prescribing the training that a dentist must receive before injecting:

(a) A neuromodulator that is derived from Clostridium botulinum ;

(b) A neuromodulator that is biosimilar to or the bioequivalent of a neuromodulator described in paragraph (a); or

A dentist who has received the training prescribed pursuant to subsection 1 shall present proof of such training upon the request of a patient or any state or local governmental agency or agent thereof.
As used in this section dermal or soft tissue filler has the meaning ascribed to it in NRS 629.086 .

(Added to NRS by 2017, 1255 )

NRS 632.161

NRS

632.161

Expedited license by endorsement: Requirements; procedure for issuance.

Except as otherwise provided in NRS 632.3405 , the Board may issue a license by endorsement to practice as a professional nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a professional nurse in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice as a professional nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a professional nurse to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice as a professional nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 3003 ; A 2019, 4275 )

NRS 632.162

NRS

632.162

Expedited license by endorsement to practice as professional nurse for active member of Armed Forces, members spouse, veteran or veterans surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

Except as otherwise provided in NRS 632.3405 , the Board may issue a license by endorsement to practice as a professional nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license to practice as a professional nurse in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice as a professional nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a professional nurse to the applicant not later than:

(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice as a professional nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a professional nurse in accordance with regulations adopted by the Board.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3879 ; A 2019, 4276 )

NRS 632.237

NRS

632.237

Advanced practice registered nurse: Qualifications; issuance of license; scope of practice; regulations; exceptions.

The Board may issue a license to practice as an advanced practice registered nurse to a registered nurse:

(a) Who is licensed by endorsement pursuant to NRS 632.161 or 632.162 and holds a corresponding valid and unrestricted license to practice as an advanced practice registered nurse in the District of Columbia or any other state or territory of the United States; or

(b) Who:

(1) Has completed an educational program designed to prepare a registered nurse to:

(I) Perform designated acts of medical diagnosis;

(II) Prescribe therapeutic or corrective measures; and

(III) Prescribe controlled substances, poisons, dangerous drugs and devices;

(2) Except as otherwise provided in subsection 7, submits proof that he or she is certified as an advanced practice registered nurse by the American Board of Nursing Specialties, the National Commission for Certifying Agencies of the Institute for Credentialing Excellence, or their successor organizations, or any other nationally recognized certification agency approved by the Board; and

(3) Meets any other requirements established by the Board for such licensure.

An advanced practice registered nurse may:

(a) Engage in selected medical diagnosis and treatment;

(b) Order home health care for a patient;

(c) If authorized pursuant to NRS 639.2351 and subject to the limitations set forth in subsection 3, prescribe controlled substances, poisons, dangerous drugs and devices; and

(d) Provide his or her signature, certification, stamp, verification or endorsement when a signature, certification, stamp, verification or endorsement by a physician is required, if providing such a signature, certification, stamp, verification or endorsement is within the authorized scope of practice of an advanced practice registered nurse.

Ê An advanced practice registered nurse shall not engage in any diagnosis, treatment or other conduct which the advanced practice registered nurse is not qualified to perform.

An advanced practice registered nurse who is authorized to prescribe controlled substances, poisons, dangerous drugs and devices pursuant to NRS 639.2351

shall not prescribe a controlled substance listed in schedule II unless:

(a) The advanced practice registered nurse has at least 2 years or 2,000 hours of clinical experience; or

(b) The controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

An advanced practice registered nurse may perform the acts described in paragraphs (a), (b) and (c) of subsection 2 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics, including, without limitation, through telehealth, as defined in NRS 629.515 , from within or outside this State or the United States.
Nothing in paragraph (d) of subsection 2 shall be deemed to expand the scope of practice of an advanced practice registered nurse who provides his or her signature, certification, stamp, verification or endorsement in the place of a physician.
The Board shall adopt regulations:

(a) Specifying any additional training, education and experience necessary for licensure as an advanced practice registered nurse.

(b) Delineating the authorized scope of practice of an advanced practice registered nurse, including, without limitation, when an advanced practice registered nurse is qualified to provide his or her signature, certification, stamp, verification or endorsement in the place of a physician.

The provisions of subparagraph (2) of paragraph (b) of subsection 1 do not apply to an advanced practice registered nurse who obtains a license before July 1, 2014.

(Added to NRS by 1987, 1525 ; A 1991, 790 ; 2001, 407 ; 2011, 1004 ; 2013, 2015 , 2016 ,

2072 ,

2073 ;

2015, 624 , 3005 ,

3881 ;

2017, 1739 ; 2019, 147 )

NRS 632.281

NRS

632.281

Expedited license by endorsement: Requirements; procedure for issuance.

Except as otherwise provided in NRS 632.3405 , the Board may issue a license by endorsement to practice as a practical nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a practical nurse in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice as a practical nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a practical nurse to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice as a practical nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 3004 ; A 2019, 4277 )

NRS 632.282

NRS

632.282

Expedited license by endorsement for active member of Armed Forces, members spouse, veteran or veterans surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

Except as otherwise provided in NRS 632.3405 , the Board may issue a license by endorsement to practice as a practical nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license to practice as a practical nurse in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice as a practical nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a practical nurse to the applicant not later than:

(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice as a practical nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a practical nurse in accordance with regulations adopted by the Board.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3880 ; A 2019, 4278 )

NURSING ASSISTANTS

NRS 632.2852

NRS

632.2852

Qualifications of applicant for certificate; certification by examination or by endorsement; issuance of certificate.

An applicant for a certificate to practice as a nursing assistant must submit to the Board written evidence under oath that the applicant:

(a) Is of good moral character;

(b) Is in good physical and mental health;

(d) Meets such other reasonable requirements as the Board prescribes.

An applicant may be certified by examination if the applicant:

(a) Submits a completed written application and the fee required by this chapter;

(b) Completes a training program approved by the Board and supplies a certificate of completion from the program;

(d) Has not committed any acts which would be grounds for disciplinary action if committed by a nursing assistant, unless the Board determines that sufficient restitution has been made or the act was not substantially related to nursing.

An applicant who is licensed or certified as a nursing assistant in another state may be certified by endorsement if the applicant:

(a) Submits a completed written application and the fee required by this chapter;

(b) Submits proof of successful completion of a training program approved by the appropriate agency of another state;

(c) Has passed a certification examination approved by the Board to be equivalent to the examination required in this State; and

The Board shall issue a certificate to practice as a nursing assistant to each applicant who meets the requirements of this section.

(Added to NRS by 1989, 2009 ; A 1991, 318 )

NRS 632.2856

NRS

632.2856

Training programs; tests; regulations.

The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting.
Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:

(a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and

(b) Proof of successful completion of training for instructors which has been approved by the Board.

Ê The Board may approve a licensed practical nurse as an instructor if the Board determines that requiring instruction by a registered nurse would create a hardship.

Except as otherwise provided in NRS 622.090 , upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, the nursing assistant trainee must repeat the training in the areas in which he or she was deficient before taking the certification examination.
In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he or she has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.
The Board shall adopt regulations not inconsistent with law:

(a) Specifying the scope of the training program and the required components of the program;

(b) Establishing standards for the approval of programs and instructors; and

Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the Board, and is approved by the Board. Such a program must be administered through:

(a) The Nevada System of Higher Education;

(b) A program for career and technical education approved by the State Board of Education;

(d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.

An educational institution or agency that administers a training program shall:

(a) Develop or approve the curriculum for training provided in its service district;

(b) Manage the training program; and

(Added to NRS by 1989, 2009 ; A 1991, 319 , 885 ,

886 ;

1993, 418 ; 2005, 1053 ; 2007, 2946 ; 2017, 508 )

NRS 632.292

NRS

632.292

Qualifications of applicant for certificate; certification by endorsement; issuance of certificate.

An applicant for a certificate to practice as a medication aide - certified must submit proof satisfactory to the Board that the applicant:

(a) Holds a certificate to practice as a nursing assistant in this State;

(b) Has completed at least 1 year of continuous full-time employment as a nursing assistant in a medical facility in this State and is currently employed at a medical facility;

(d) Has successfully completed a literacy and reading comprehension screening process approved by the Board;

(e) Has successfully completed a training course for medication aides - certified of at least 100 hours that is approved by the Board;

(f) Has passed an examination on such subjects as are required by the Board; and

(g) Meets such other reasonable requirements as the Board prescribes by regulation.

An applicant who is licensed or certified as a medication aide in another state or territory of the United States may be certified in this State by endorsement if the applicant submits proof satisfactory to the Board that the applicant:

(a) Holds a certificate to practice as a nursing assistant in another state or territory of the United States;

(b) Has completed at least 1 year of continuous full-time employment as a nursing assistant in a medical facility in another state or territory of the United States and is currently employed at a medical facility;

(d) Has passed an examination determined by the Board to be equivalent to the examination required by paragraph (f) of subsection 1;

(e) Has completed training determined by the Board to be equivalent to the training required by paragraph (e) of subsection 1; and

(f) Meets such other reasonable requirements as the Board prescribes by regulation.

The Board shall issue a certificate to practice as a medication aide - certified to each applicant who meets the requirements of this section.

(Added to NRS by 2011, 1324 )

NRS 632.343

NRS

632.343

Renewal of license: Completion of program of continuing education required; exemption; review of courses by Board; required and recommended courses.

The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board. Except as otherwise provided in subsection 3, the licensee is exempt from this provision for the first biennial period after graduation from:

(a) An accredited school of professional nursing;

(b) An accredited school of practical nursing;

(d) An approved school of practical nursing in the process of obtaining accreditation.

The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection
The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.
The program of continuing education required by subsection 1 must include:

(a) For a person licensed as an advanced practice registered nurse:

(1) A course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection 6.

(2) The ability to receive credit toward the total amount of continuing education required by subsection 1 for the completion of a course of instruction relating to genetic counseling and genetic testing.

(b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

(1) An overview of acts of terrorism and weapons of mass destruction;

(2) Personal protective equipment required for acts of terrorism;

(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

(5) An overview of the information available on, and the use of, the Health Alert Network.

(c) For each person licensed pursuant to this chapter, one or more courses of instruction that provide at least 4 hours of instruction relating to cultural competency and diversity, equity and inclusion to be completed biennially. Such instruction:

(1) May include the training provided pursuant to NRS 449.103 , where applicable.

(2) Must be based upon a range of research from diverse sources.

(3) Must address persons of different cultural backgrounds, including, without limitation:

(I) Persons from various gender, racial and ethnic backgrounds;

(II) Persons from various religious backgrounds;

(III) Lesbian, gay, bisexual,

transgender and questioning persons;

(IV) Children and senior citizens;

(V) Veterans;

(VI) Persons with a mental illness;

(VII) Persons with an intellectual disability, developmental disability or physical disability; and

(VIII) Persons who are part of any other population that a person licensed pursuant to this chapter may need to better understand, as determined by the Board.

(d) For a person licensed as an advanced practice registered nurse, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder to be completed within 2 years after initial licensure.

(e) For each person licensed pursuant to this chapter who provides or supervises the provision of emergency medical services in a hospital or primary care, at least 2 hours of training in the stigma, discrimination and unrecognized bias toward persons who have acquired or are at a high risk of acquiring human immunodeficiency virus to be completed within 2 years after beginning to provide or supervise the provision of such services or care.

The Board may determine whether to include in a program of continuing education courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction in addition to the course of instruction required by paragraph (b) of subsection 3.
The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

(a) The skills and knowledge that the licensee needs to address aging issues;

(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

(d) The importance of maintenance of function and independence for older persons.

The Board shall require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.
The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

(a) Recognizing the symptoms of pediatric cancer; and

(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

As used in this section:

(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415 .

(b) Biological agent has the meaning ascribed to it in NRS 202.442 .

(d) Primary care means the practice of family medicine, pediatrics, internal medicine, obstetrics and gynecology and midwifery.

(e) Radioactive agent has the meaning ascribed to it in NRS 202.4437 .

(f) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445 .

(Added to NRS by 1979, 719 ; A 1981, 25 ; 2003, 337 , 648 ,

2956 ;

2015, 2283 ; 2017, 942 ; 2019, 1491 ; 2021, 391 , 777 ,

886 ;

2023, 1178 , 3503 )

NRS 633.305

NRS

633.305

Applications: Filing; action by Board.

Except as otherwise provided in NRS 633.399 , 633.400 , 633.4335

and 633.4336 :

Every applicant for a license shall:

(a) File an application with the Board in the manner prescribed by regulations of the Board;

(b) Submit verified proof satisfactory to the Board that the applicant meets any age, citizenship and educational requirements prescribed by this chapter; and

An application filed with the Board pursuant to subsection 1 must include all information required to complete the application.
The Board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.
The Board may reject an application if the Board has cause to believe that any credential or information submitted by the applicant is false, misleading, deceptive or fraudulent.

(Added to NRS by 1977, 945 ; A 1997, 2128 ; 2001, 492 ; 2005, 2725 , 2807 ;

2007, 1836 ; 2011, 1035 ; 2015, 3009 , 3885 )

NRS 633.322

NRS

633.322

Submission of certificate of completion of progressive postgraduate training and, if applicable, proof of completion of certain postgraduate training program by applicant for license to practice osteopathic medicine.

In addition to the other requirements for licensure to practice osteopathic medicine, an applicant shall cause to be submitted to the Board:

A certificate of completion of progressive postgraduate training from the residency program where the applicant received training; and
If applicable, proof of satisfactory completion of a postgraduate training program specified in subparagraph (3) of paragraph (c) of subsection 1 of NRS 633.311

within 120 days after the scheduled completion of the program.

(Added to NRS by 2003, 3441 ; A 2007, 1836 ; 2009, 2982 ; 2015, 3886 ; 2019, 4280 )

NRS 633.341

NRS

633.341

Reexaminations.

If an applicant fails in a first examination, the applicant may be reexamined after not less than 6 months.
If the applicant fails in a second examination, the applicant is not thereafter entitled to another examination within less than 1 year after the date of the second examination, and prior thereto he or she shall furnish proof to the Board of further postgraduate study following the second examination satisfactory to the Board.
Each applicant who fails an examination and who is permitted to be reexamined shall pay for each reexamination the reexamination fee specified in this chapter.
If an applicant does not appear for examination, for any reason deemed sufficient by the Board, the Board may refund a portion of the application and initial license fee not to exceed $100 upon the request of the applicant. An applicant is not entitled to a refund of the application and initial license fee if the applicant appears for examination.

(Added to NRS by 1977, 945 ; A 2001, 492 )

NRS 633.351

NRS

633.351

Right of appeal of unsuccessful applicant; burden of proof.

An unsuccessful applicant may appeal to the district court to review the action of the Board, if the applicant files the appeal within 30 days after the date on which the order rejecting the application is issued by the Board. Upon appeal, the applicant has the burden of showing that the action of the Board is erroneous or unlawful.

(Added to NRS by 1977, 945 ; A 2011, 1037 )

NRS 633.361

NRS

633.361

Issuance of license without examination.

Except as otherwise provided in NRS 633.315 , the Board may issue a license without examination to a person:

(a) Who has completed a hospital internship and is licensed in any country, state, territory or province to practice osteopathic medicine, if the licensing requirements of that country, state, territory or province at the time the license was issued are deemed by the Board to be practically equivalent to the licensing requirements in force in this State at that time.

(b) Who is a graduate of a school of osteopathic medicine, has completed a hospital internship and passed an examination for admission into the medical corps of any of the Armed Forces of the United States or the United States Public Health Service or who possesses a certificate from the National Board of Examiners for Osteopathic Physicians and Surgeons.

Any person applying for a license under the provisions of subsection 1 shall:

(a) Furnish to the Board such proof of qualifications and pass an oral examination as the Board may require; and

(b) Pay in advance to the Board the application and initial license fee specified in this chapter.

(Added to NRS by 1977, 946 ; A 1991, 1073 ; 2001, 493 )

NRS 633.415

NRS

633.415

Special licenses to practice osteopathic medicine: Graduate of foreign school who intends to teach, research or practice clinical osteopathic medicine in this State; specified purposes.

Except as otherwise provided in NRS 633.315 , the Board may issue a special license to teach, research or practice osteopathic medicine to a person if:

(a) The person:

(1) Submits to the Board:

(I) Proof that the person is a graduate of a foreign school which teaches osteopathic medicine;

(II) Proof that the person teaches, researches or practices osteopathic medicine outside the United States; and

(III) Any other documentation or proof of qualifications required by the Board; and

(2) Intends to teach, research or practice osteopathic medicine at a medical facility, medical research facility or school of osteopathic medicine in this State.

(b) Any other documentation or proof of qualifications required by the Board is authenticated in a manner approved by the Board.

A person who applies for a special license pursuant to this section is not required to take or pass a written examination concerning his or her qualifications to practice osteopathic medicine.
A person who holds a special license issued pursuant to this section may practice osteopathic medicine in this State only in accordance with the terms and restrictions established by the Board.
If a person who holds a special license issued pursuant to this section ceases to teach, research or practice osteopathic medicine in this State at the medical facility, medical research facility or school of osteopathic medicine where the person is employed:

(a) The medical facility, medical research facility or school of osteopathic medicine, as applicable, shall notify the Board; and

(b) Upon receipt of such notification, the special license expires automatically.

The Board may renew or modify a special license issued pursuant to this section, unless the special license has expired automatically or has been revoked.
The provisions of this section do not limit the authority of the Board to issue a special license to an applicant in accordance with any other provision of this chapter.
A special license to teach, research or practice osteopathic medicine may be issued, renewed or modified at a meeting of the Board or between its meetings by the President and the Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2007, 1830 ; A 2013, 2018 )

NRS 633.416

NRS

633.416

Special volunteer license to practice osteopathic medicine.

An osteopathic physician who is retired from active practice and who:

(a) Wishes to donate his or her expertise for the medical care and treatment of persons in this State who are indigent, uninsured or unable to afford health care; or

(b) Wishes to provide services for any disaster relief operations conducted by a governmental entity or nonprofit organization,

Ê may obtain a special volunteer license to practice osteopathic medicine by submitting an application to the Board pursuant to this section.

An application for a special volunteer license to practice osteopathic medicine must be on a form provided by the Board and must include:

(a) Documentation of the history of medical practice of the osteopathic physician;

(b) Proof that the osteopathic physician previously has been issued an unrestricted license to practice osteopathic medicine in any state of the United States and that the osteopathic physician has never been the subject of disciplinary action by a medical board in any jurisdiction;

(c) Proof that the osteopathic physician satisfies the requirements for licensure set forth in NRS 633.311 or the requirements for licensure by endorsement set forth in NRS 633.399 or 633.400 ;

(d) Acknowledgment that the practice of the osteopathic physician under the special volunteer license to practice osteopathic medicine will be exclusively devoted to providing medical care:

(1) To persons in this State who are indigent, uninsured or unable to afford health care; or

(2) As part of any disaster relief operations conducted by a governmental entity or nonprofit organization; and

(e) Acknowledgment that the osteopathic physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer license to practice osteopathic medicine, except for payment by a medical facility at which the osteopathic physician provides volunteer medical services of the expenses of the osteopathic physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

If the Board finds that the application of an osteopathic physician satisfies the requirements of subsection 2 and that the retired osteopathic physician is competent to practice osteopathic medicine, the Board shall issue a special volunteer license to practice osteopathic medicine to the osteopathic physician.
The initial special volunteer license to practice osteopathic medicine issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.
The Board shall not charge a fee for:

(a) The review of an application for a special volunteer license to practice osteopathic medicine; or

(b) The issuance or renewal of a special volunteer license to practice osteopathic medicine pursuant to this section.

An osteopathic physician who is issued a special volunteer license to practice osteopathic medicine pursuant to this section and who accepts the privilege of practicing osteopathic medicine in this State pursuant to the provisions of the special volunteer license to practice osteopathic medicine is subject to all the provisions governing disciplinary action set forth in this chapter.
An osteopathic physician who is issued a special volunteer license to practice osteopathic medicine pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

(Added to NRS by 2009, 2976 )

NRS 633.4335

NRS

633.4335

Expedited license by endorsement to practice as physician assistant: Requirements; procedure for issuance.

The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 633.309 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) The application and initial license fee specified in this chapter; and

(e) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 3008 ; A 2019, 4281 ; 2021, 764 )

NRS 633.4336

NRS

633.4336

The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license to practice as a physician assistant; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 633.309 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) The application and initial license fee specified in this chapter; and

(e) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:

(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physician assistant in accordance with regulations adopted by the Board.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3884 ; A 2019, 4281 ; 2021, 764 )

NRS 633.601

NRS

633.601

Injunctive relief.

In addition to any other remedy provided by law, the Board, through an officer of the Board or the Attorney General, may apply to any court of competent jurisdiction to enjoin any unprofessional conduct of an osteopathic physician, physician assistant or anesthesiologist assistant which is harmful to the public or to limit the practice of the osteopathic physician, physician assistant or anesthesiologist assistant or suspend his or her license to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant, as applicable, as provided in this section.
The court in a proper case may issue a temporary restraining order or a preliminary injunction for such purposes:

(a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure; and

(b) Pending proceedings for disciplinary action by the Board. Notwithstanding the provisions of chapter 622A of NRS, such proceedings shall be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

(Added to NRS by 1977, 951 ; A 2005, 767 ; 2011, 1046 ; 2023, 1581 )

Disciplinary Proceedings

NRS 633.631

NRS

633.631

Service of process; publication of notice. Except as otherwise provided in subsection 2 and chapter 622A of NRS:

Service of process made under this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the osteopathic physician, physician assistant or anesthesiologist assistant at his or her last known address, as indicated in the records of the Board. If personal service cannot be made and if mail notice is returned undelivered, the President or Secretary-Treasurer of the Board shall cause a notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the osteopathic physician, physician assistant or anesthesiologist assistant or, if no newspaper is published in that county, in a newspaper widely distributed in that county.
In lieu of the methods of service of process set forth in subsection 1, if the Board obtains written consent from the osteopathic physician, physician assistant or anesthesiologist assistant, service of process under this chapter may be made by electronic mail on the licensee at an electronic mail address designated by the licensee in the written consent.
Proof of service of process or publication of notice made under this chapter must be filed with the Secretary-Treasurer of the Board and may be recorded in the minutes of the Board.

(Added to NRS by 1977, 951 ; A 2005, 767 ; 2011, 1047 ; 2015, 505 ; 2023, 1582 )

NRS 633.641

NRS

633.641

Requirements for proof.

Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board, a hearing officer or a panel:

Proof of actual injury need not be established where the formal complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.
A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant is conclusive evidence of its occurrence.

(Added to NRS by 1977, 952 ; A 2001, 495 ; 2005, 264 , 767 ;

2005, 22nd Special Session, 108 ; 2011, 1047 ; 2023, 1582 )

NRS 633.711

NRS

633.711

Injunctive relief against person practicing without license.

The Board, through an officer of the Board or the Attorney General, may maintain in any court of competent jurisdiction a suit for an injunction against any person:

(a) Practicing osteopathic medicine or practicing as a physician assistant or anesthesiologist assistant without a valid license to practice osteopathic medicine or to practice as a physician assistant or anesthesiologist assistant, as applicable; or

(b) Providing services through telehealth, as defined in NRS 629.515 , without a valid license.

An injunction issued pursuant to subsection 1:

(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

(b) Must not relieve such person from criminal prosecution for practicing without such a license.

(Added to NRS by 1977, 953 ; A 2007, 1842 ; 2011, 1049 ; 2015, 626 ; 2023, 1584 )

NRS 634.130

NRS

634.130

Renewal of license or certificate; continuing education; waiver of educational requirement; waiver or proration of renewal fee; expiration and reinstatement; regulations.

Licenses and certificates must be renewed biennially. Except as otherwise provided in subsection 10 or 11, each person who is licensed or holds a certificate as a chiropractic assistant pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of all information required to complete the renewal, be granted a renewal license or certificate which authorizes the person to continue to practice for 2 years.
Except as otherwise provided in subsection 10 or 11, the renewal fee must be paid and all information required to complete the renewal must be submitted to the Board by January 1 of:

(a) Each odd-numbered year for a licensee; and

(b) Each even-numbered year for a holder of a certificate as a chiropractic assistant.

Except as otherwise provided in subsection 5, 6 or 7, a licensee in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the license, the licensee has attended at least 36 hours of continuing education which is approved or endorsed by the Board.
Except as otherwise provided in subsection 5, 6 or 8, a holder of a certificate as a chiropractic assistant in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the certificate, the certificate holder has attended at least 12 hours of continuing education which is approved or endorsed by the Board or the equivalent board of another state or jurisdiction that regulates chiropractic assistants. The continuing education required by this subsection may include education related to lifesaving skills, including, without limitation, a course in cardiopulmonary resuscitation. The Board shall by regulation determine how many of the required 12 hours of continuing education must be course work related to such lifesaving skills. Any course of continuing education approved or endorsed by the Board or the equivalent board of another state or jurisdiction pursuant to this subsection may be conducted via the Internet or in a live setting, including, without limitation, a conference, workshop or academic course of instruction. The Board shall not approve or endorse a course of continuing education which is self-directed or conducted via home study.
The educational requirement of subsection 3 or 4 may be waived by the Board if the licensee or holder of a certificate as a chiropractic assistant files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee or holder of a certificate as a chiropractic assistant is suffering from a serious or disabling illness or physical disability which prevented the licensee or holder of a certificate as a chiropractic assistant from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.
The Board may waive the educational requirement of subsection 3 or 4 for a licensee or a holder of a certificate as a chiropractic assistant if the licensee or holder of a certificate submits to the Board proof that the licensee or holder of a certificate was in active military service which prevented the licensee or holder of a certificate from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.
A licensee is not required to comply with the requirements of subsection 3 until the first odd-numbered year after the year the Board issues to the licensee an initial license to practice as a chiropractic physician in this State.
A holder of a certificate as a chiropractic assistant is not required to comply with the requirements of subsection 4 until the first even-numbered year after the Board issues to the holder of a certificate an initial certificate to practice as a chiropractic assistant in this State.
The Board may adopt regulations that provide for random audits of licensees and holders of a certificate as a chiropractic assistant to ensure compliance with subsection 3 or 4, as appropriate.
The Board may waive the renewal fee for a licensee or holder of a certificate as a chiropractic assistant if the licensee or holder of a certificate submits proof to the Board that the licensee or holder of a certificate was in active military service at the time the renewal fee was due.
The Board may adopt regulations that provide for the prorating or waiving of the renewal fee for a licensee or holder of a certificate as a chiropractic assistant if such prorating or waiving is based upon the date on which:

(a) The Board issues a license to practice chiropractic or a certificate as a chiropractic assistant; and

(b) Such license or certification must be renewed.

If a licensee fails to:

(a) Except as otherwise provided in subsection 10 or 11, pay the renewal fee by January 1 of an odd-numbered year;

(b) Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 3;

(d) Submit all information required to complete the renewal,

Ê the license automatically expires and, except as otherwise provided in NRS 634.131 , may be reinstated only upon the payment, by January 1 of the even-numbered year following the year in which the license expired, of the required fee for reinstatement in addition to the renewal fee.

If a holder of a certificate as a chiropractic assistant fails to:

(a) Except as otherwise provided in subsection 10 or 11, pay the renewal fee by January 1 of an even-numbered year;

(b) Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 4;

(d) Submit all information required to complete the renewal,

Ê the certificate automatically expires and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

[Part 8:23:1923; A 1951, 258 ]—(NRS A 1963, 279 ; 1969, 349 ; 1971, 358 ; 1975, 642 ; 1977, 965 ; 1981, 1340 ; 1983, 422 ; 1991, 2084 ; 1993, 331 ; 1995, 2750 ; 1997, 821 , 2131 ;

2003, 3446 ; 2005, 2730 , 2807 ,

2817 ;

2007, 2935 ; 2011, 1821 ; 2013, 549 ; 2015, 511 ; 2019, 2291 )

NRS 634.240

NRS

634.240

Injunction against practice without license or registration.

In addition to any other remedy provided by law, the Board, through its President, Secretary or its attorney, or the Attorney General, may bring an action in any court of competent jurisdiction to enjoin any person who does not hold a license issued by the Board from practicing chiropractic or representing himself or herself to be a chiropractic physician or any business entity that is providing chiropractic services and is not registered pursuant to NRS 634.136 . As used in this subsection, practicing chiropractic includes the conducting of independent examinations and the offering of opinions regarding the treatment or care, or both, with respect to patients who are residents of this State.
The court in a proper case may issue an injunction for such purposes without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure. The issuance of such an injunction does not relieve the person from criminal prosecution for a violation of NRS 634.227 .

(Added to NRS by 1983, 419 ; A 1989, 1169 ; 2003, 3447 ; 2021, 533 )

NRS 635.050

NRS

635.050

License to practice podiatry: Requirements; fee for application; regulations; exceptions.

Any person wishing to practice podiatry in this State must, before beginning to practice, procure from the Board a license to practice podiatry.
Except as otherwise provided in NRS 635.066 and 635.0665 , a license to practice podiatry may be issued by the Board to any person who:

(a) Is of good moral character.

(b) Has received the degree of D.P.M., Doctor of Podiatric Medicine, from an accredited school of podiatry.

(d) Has passed the examination given by the National Board of Podiatric Medical Examiners.

(e) Has not committed any act described in subsection 2 of NRS 635.130 . For the purposes of this paragraph, an affidavit signed by the applicant stating that the applicant has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

An applicant for a license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt:

(a) The fee for an application for a license, including a license by endorsement, of not more than $600;

(b) Proof satisfactory to the Board that the requirements of subsection 2 have been met; and

Ê The Board shall, by regulation, establish the fee required to be paid pursuant to this subsection.

The Board may reject an application if it appears that the applicants credentials are fraudulent or the applicant has practiced podiatry without a license or committed any act described in subsection 2 of NRS 635.130 .
The Board may require such further documentation or proof of qualification as it may deem proper.
The provisions of this section do not apply to a person who applies for:

(a) A limited license to practice podiatry pursuant to NRS 635.075 ; or

(b) A provisional license to practice podiatry pursuant to NRS 635.082 .

[Part 4:149:1949; 1943 NCL § 1077.4]—(NRS A 1960, 325 ; 1969, 906 ; 1977, 131 , 1565 ;

1983, 378 ; 1985, 493 ; 1987, 1853 ; 1993, 2220 ; 1995, 869 ; 1997, 2135 ; 2003, 673 ; 2005, 2733 , 2807 ,

2813 ;

2007, 1042 ; 2015, 3013 , 3890 ;

2019, 4283 )

NRS 635.065

NRS

635.065

Requirements for applicants licensed to practice podiatry in another jurisdiction.

In addition to the other requirements for licensure set forth in this chapter, an applicant for a license to practice podiatry in this State who has been licensed to practice podiatry in another state or the District of Columbia must submit:

(a) An affidavit signed by the applicant that:

(1) Identifies each jurisdiction in which the applicant has been licensed to practice; and

(2) States whether a disciplinary proceeding has ever been instituted against the applicant by the licensing board of that jurisdiction and, if so, the status of the proceeding; and

(b) If the applicant is currently licensed to practice podiatry in another state or the District of Columbia, a certificate from the licensing board of that jurisdiction stating that the applicant is in good standing and no disciplinary proceedings are pending against the applicant.

Except as otherwise provided in NRS 635.066 and 635.0665 , the Board may require an applicant who has been licensed to practice podiatry in another state or the District of Columbia to:

(a) Pass an examination prescribed by the Board concerning the provisions of this chapter and any regulations adopted pursuant thereto; or

(b) Submit satisfactory proof that:

(1) The applicant maintained an active practice in another state or the District of Columbia within the 5 years immediately preceding the application;

(2) No disciplinary proceeding has ever been instituted against the applicant by a licensing board in any jurisdiction in which he or she is licensed to practice podiatry; and

(3) The applicant has participated in a program of continuing education that is equivalent to the program of continuing education that is required pursuant to NRS 635.115 for podiatric physicians licensed in this State.

(Added to NRS by 2007, 1041 ; A 2015, 3014 , 3891 )

NRS 635.066

NRS

635.066

Expedited license by endorsement to practice podiatry: Requirements; procedure for issuance.

Except as otherwise provided in NRS 635.073 , the Board may issue a license by endorsement to practice podiatry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice podiatry in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(c) A fee in the amount of the fee for an application for a license required pursuant to paragraph (a) of subsection 3 of

NRS 635.050 ; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice podiatry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice podiatry to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice podiatry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 3012 ; A 2019, 4284 )

NRS 635.0665

NRS

635.0665

Expedited license by endorsement to practice podiatry: Requirements; procedure for issuance; provisional license pending action on application; reduced fee.

Except as otherwise provided in NRS 635.073 , the Board may issue a license by endorsement to practice podiatry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice podiatry in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant holds a license to practice podiatry; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 635.067 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

(d) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement to practice podiatry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice podiatry to the applicant not later than:

(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement to practice podiatry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice podiatry in accordance with regulations adopted by the Board.
If an applicant submits an application for a license by endorsement pursuant to this section and is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee established pursuant to NRS 635.050 for the initial issuance of the license. As used in this subsection, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3889 ; A 2019, 4285 )

NRS 635.075

NRS

635.075

Limited license to practice podiatry: Application; fee; qualifications; limitations on practice; renewal; regulations.

The Board shall issue a limited license to practice podiatry pursuant to this section to each applicant who complies with the provisions of this section.
An applicant for a limited license to practice podiatry must submit to the Board:

(a) An application on a form provided by the Board;

(b) A fee in the amount of the fee for an application for a license required pursuant to paragraph (a) of subsection 3 of

NRS 635.050 ; and

(1) Is of good moral character;

(2) For not less than 25 years:

(I) Was licensed to practice podiatry in one or more states or the District of Columbia and practiced podiatry during the period each such license was in effect; and

(II) Remained licensed in good standing at all times during the period he or she was licensed to practice podiatry; and

(3) Has not committed any act described in subsection 2 of NRS 635.130 . For the purposes of this subparagraph, an affidavit signed by the applicant stating that the applicant has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

An applicant for a limited license is not required to be licensed to practice podiatry in another state or the District of Columbia when he or she submits the application for a limited license to the Board.
A person who is issued a limited license pursuant to this section may practice podiatry only under the direct supervision of a podiatric physician who is licensed pursuant to this chapter and who does not hold a limited license issued pursuant to this section.
A limited license issued pursuant to this section:

(a) Is effective upon issuance; and

(b) May be renewed in the manner prescribed in NRS 635.110 .

The Board may:

(a) Place such restrictions and conditions upon a limited license issued pursuant to this section as the Board deems appropriate; and

(b) Adopt regulations to carry out the provisions of this section.

(Added to NRS by 2003, 672 ; A 2007, 1043 ; 2019, 4286 )

NRS 635.082

NRS

635.082

Provisional license to practice podiatry: Duration; nonrenewable; qualifications; application; examination; fees; regulations.

A graduate of an accredited school of podiatry may, during his or her residency, be granted a provisional license to practice podiatry under the direct supervision of a podiatric physician licensed to practice in this State. A provisional license must not be effective for more than 1 year and is not renewable.
A provisional license to practice podiatry may be issued by the Board to any person who:

(a) Has received the degree of D.P.M., Doctor of Podiatric Medicine, from an accredited school of podiatry.

(b) Has passed the examination given by the National Board of Podiatric Medical Examiners.

An applicant for a provisional license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt:

(a) The fee for an application for a provisional license of not more than $600;

(b) Proof satisfactory to the Board that the requirements of subsection 2 have been met; and

The fee required pursuant to subsection 3 must be established by regulation of the Board.
The Board may by regulation govern the issuance and conditions of the provisional license.

(Added to NRS by 1987, 1852 ; A 1993, 2221 ; 1995, 869 ; 2007, 1044 ; 2019, 4286 )

NRS 635.085

NRS

635.085

Authorized and unauthorized activities of licensed podiatric physician.

Except as otherwise provided in subsection 2, a podiatric physician licensed by the Board may:

(a) Administer electricity to the foot or leg by means including electrodes, machinery and rays.

(b) Use his or her hands and machinery to work upon the foot or leg and its articulations.

(d) Apply pads, adhesives, felt, plasters and any medicine to the foot and leg.

(e) Prescribe and dispense controlled substances and dangerous drugs.

(f) Construct models of the feet.

(g) Administer a local anesthetic.

(h) Use any cutting instrument to treat a disease, ailment or condition.

(i) Treat the effects of a systemic disease upon the foot or leg.

(j) Amputate a toe if the podiatric physician:

(1) Performs the amputation in a hospital as defined in NRS 449.012 or a surgical center for ambulatory patients as defined in NRS 449.019 ;

(2) Is authorized by the hospital or surgical center to perform the amputation;

(3) Has completed a program of surgical training as a resident and provides proof satisfactory to the hospital or surgical center of completion of the program;

(4) Complies with any other requirements established by the hospital or surgical center; and

(5) Performs the amputation in accordance with the standard of care required for a physician licensed pursuant to chapter 630 , 630A

or 633 of NRS.

A podiatric physician shall not:

(a) Treat any other effect of a systemic disease unless the disease originates in the foot or leg.

(b) Amputate a leg or foot.

(Added to NRS by 1983, 377 ; A 1985, 494 ; 1993, 2221 ; 2001, 1829 )

NRS 635.086

NRS

635.086

Training required for administration of certain neuromodulators related to Clostridium botulinum and dermal or soft tissue fillers by podiatric physician; proof of training; regulations.

The Board shall adopt regulations prescribing the training that a podiatric physician must receive before injecting:

(a) A neuromodulator that is derived from Clostridium botulinum ;

(b) A neuromodulator that is biosimilar to or the bioequivalent of a neuromodulator described in paragraph (a); or

A podiatric physician who has received the training prescribed pursuant to subsection 1 shall present proof of such training upon the request of a patient or any state or local governmental agency or agent thereof.
As used in this section dermal or soft tissue filler has the meaning ascribed to it in NRS 629.086 .

(Added to NRS by 2017, 1262 )

NRS 635.093

NRS

635.093

Podiatry hygienists: Requirements for license; fee; regulations.

Any person wishing to be licensed as a podiatry hygienist in this State must:

Furnish the Board with satisfactory proof that the person:

(a) Is of good moral character.

(b) Has satisfactorily completed a course for podiatry hygienists approved by the Board or has had 6 months or more of training in a podiatric physicians office as approved by the Board.

Submit all information required to complete an application for a license.
Pay to the Board a fee, not exceeding $100, which must be established by regulation of the Board.

(Added to NRS by 1971, 1024 ; A 1977, 132 ; 1979, 1868 ; 1985, 495 ; 1987, 1858 ; 1993, 2221 ; 1997, 2136 ; 2005, 2735 , 2807 ;

2007, 1045 ; 2019, 4287 )

NRS 635.110

NRS

635.110

Licenses: Expiration; renewal; delinquency; reinstatement; fees; regulations.

Except as otherwise provided in NRS 635.082 :

A license issued under the provisions of this chapter expires on October 31 of each year. A license may be renewed before its expiration upon presentation of proof of:

(a) Completion of the hours of continuing education required pursuant to NRS 635.115 ;

(b) Current certification in the techniques of administering cardiopulmonary resuscitation;

(d) Payment of a renewal fee in an amount not to exceed $600 for a podiatric physician and not to exceed $100 for a podiatry hygienist. The Board shall, by regulation, establish the amount of each fee.

A license which is not renewed by October 31 of each year is delinquent. A delinquent license may be reinstated, at the discretion of the Board:

(a) Upon payment of the appropriate annual renewal fee and an additional fee for delinquency in an amount established by the Board; and

(b) If the license is delinquent for more than 1 year, upon the holder of the delinquent license:

(1) Passing an examination prescribed by the Board concerning the provisions of this chapter and any regulations adopted pursuant thereto; or

(2) Submitting satisfactory proof that:

(I) The holder of the delinquent license maintained an active practice in another state or the District of Columbia within the 5 years immediately preceding the application;

(II) No disciplinary proceeding has ever been instituted against the holder of the delinquent license by a licensing board in any jurisdiction in which he or she is licensed to practice podiatry; and

(III) If the holder of the delinquent license is a podiatric physician, he or she has participated in a program of continuing education that is equivalent to the program of continuing education required pursuant to NRS 635.115

for podiatric physicians licensed in this State.

[5:149:1949; 1943 NCL § 1077.5] + [Part 6:149:1949; 1943 NCL § 1077.6] + [7:149:1949; 1943 NCL § 1077.7]—(NRS A 1960, 325 ; 1969, 907 ; 1971, 1025 ; 1977, 132 ; 1979, 1869 ; 1985, 496 ; 1987, 1855 ; 1993, 2222 ; 1997, 2136 ; 2005, 2735 , 2807 ;

2007, 1045 )

NRS 635.115

NRS

635.115

Continuing education for podiatric physician; certification in cardiopulmonary resuscitation; waiver; grounds for nonrenewal of license.

Every even-numbered year each podiatric physician must, at the time of paying the annual renewal fee, present to the Secretary of the Board satisfactory evidence that during the preceding 2 years the podiatric physician attended at least 50 hours of instruction in courses approved by the Board for purposes of continuing professional education and is currently certified in the techniques of administering cardiopulmonary resuscitation. The Board may waive all or part of the requirement of continuing education in a particular year if the podiatric physician was prevented from that attendance by circumstances beyond his or her control.
The Board shall require each podiatric physician to complete at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure as part of the continuing education required by subsection 1.
If a podiatric physician fails to provide proof of his or her continuing education and does not obtain a waiver from the Board, the license must not be renewed.

(Added to NRS by 1979, 1868 ; A 1985, 497 ; 1987, 1856 ; 1993, 2222 ; 2021, 395 )

NRS 635.162

NRS

635.162

Injunctive relief; order of court for limitation of practice or suspension of license; temporary restraining order.

In addition to any other remedy provided by law, the Board, through its President or Secretary or the Attorney General, may apply to any court of competent jurisdiction:

(a) To enjoin any prohibited act or other conduct of a podiatric physician which is harmful to the public;

(b) To enjoin any person who is not licensed under this chapter from practicing podiatry;

(d) To enjoin the use of the title D.P.M., Podiatrist, Podiatric Physician, Podiatric Physician-Surgeon or Physician-Surgeon D.P.M. when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.

The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:

(a) Without proof of actual damage sustained by any person;

(b) Without relieving any person from criminal prosecution for engaging in the practice of podiatry without a license; and

(Added to NRS by 1987, 1852 ; A 1993, 2224 )

NRS 636.150

NRS

636.150

Requirements for applying for license.

Except as otherwise provided in NRS 636.206 and

636.207 , any person applying for a license to practice optometry in this State must:

File proof of his or her qualifications;
Take and pass each examination identified, administered or approved by the Board;
Pay the prescribed fees; and
Verify that all the information he or she has provided to the Board or to any other entity pursuant to the provisions of this chapter is true and correct.

[38:208:1955]—(NRS A 1993, 2867 ; 2015, 3015 , 3893 ;

2019, 3642 )

NRS 636.155

NRS

636.155

Proof of applicants qualifications.

Except as otherwise provided in NRS 636.206 and

636.207 , an applicant must file with the Executive Director satisfactory proof that the applicant:

Is at least 21 years of age;
Has graduated from a school of optometry accredited or approved by the Board pursuant to NRS 636.135 ;
Has passed each part of the comprehensive national optometry examination administered by the National Board of Examiners in Optometry or its successor;
Has passed each examination identified, administered or approved by the Nevada State Board of Optometry pursuant to NRS 636.150 ; and
Has not been disciplined for harming a patient as a licensed optometrist in another state.

[39:208:1955]—(NRS A 1969, 98 ; 1977, 1565 ; 1993, 2867 ; 2015, 3016 , 3893 ;

2019, 3642 , 4287 )

NRS 636.206

NRS

636.206

Expedited license by endorsement: Requirements; procedure for issuance.

The Board may issue a license by endorsement to engage in the practice of optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid, active and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;

(3) Has been continuously and actively engaged in the practice of optometry for the past 5 years;

(4) Has not held a license to practice optometry in this State in the immediately preceding year;

(5) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in the practice of optometry; and

(6) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of optometry to the applicant not later than 45 days after receiving the application.
A license by endorsement to engage in the practice of optometry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 3014 ; A 2019, 4287 ; 2023, 1460 )

NRS 636.207

NRS

636.207

The Board may issue a license by endorsement to practice optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license to practice optometry in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

Not later than 15 business days after receiving an application for a license by endorsement to practice optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice optometry to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
A license by endorsement to practice optometry may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice optometry in accordance with regulations adopted by the Board.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3891 ; A 2019, 4288 )

NRS 636.260

NRS

636.260

Payment of renewal fee; requirements for continuing education; waiver; presentment of evidence of completion of educational or postgraduate program by licensee certified to administer and prescribe pharmaceutical agents.

Before March 1 of each even-numbered year, each licensee shall pay a renewal fee to the Executive Director in the amount established pursuant to NRS 636.143 . For the purposes of this subsection, the date of the postmark on any payment received by mail shall be deemed to be the date of receipt by the Executive Director.
The renewal fee must be accompanied by satisfactory evidence that the licensee has, within the immediately preceding 24-month period, completed the required number of hours in a course or courses of continuing education that have been approved by the Board. This evidence must be indicated on the form for proof of completion of continuing education that is furnished by the Board. The Board shall not require a licensee to complete more than 40 hours of continuing education during each period of renewal. The Board may waive the requirement that a licensee complete all or part of the required number of hours of continuing education upon good cause shown by the licensee.
The Board shall require each licensee to complete at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure as part of the continuing education required by subsection 2.
A licensee who is certified to administer and prescribe pharmaceutical agents pursuant to NRS 636.288 must, at the time of paying the renewal fee, present evidence satisfactory to the Executive Director that, during the 24 months immediately preceding the payment of the renewal fee, the licensee completed an educational or postgraduate program approved by the Board. The Board shall establish the number of hours for completion of the program which must be not less than 50 hours nor more than 100 hours.

[57:208:1955]—(NRS A 1973, 720 ; 1993, 2870 ; 1995, 1034 ; 2019, 3644 ; 2021, 396 )

NRS 636.2893

NRS

636.2893

Requirements for issuance of certificate: Regulations.

The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895 . The requirements must include, without limitation:

A license to practice optometry in this State;
The successful completion of the Treatment and Management of Ocular Disease Examination administered by the National Board of Examiners in Optometry or an equivalent examination approved by the Board;
Proof that each optometrist who applies for a certificate has treated at least 15 persons who were:

(a) Diagnosed with glaucoma by an ophthalmologist licensed in this State; and

(b) Treated by the optometrist, in consultation with that ophthalmologist, for at least 12 consecutive months; and

A certificate to administer and prescribe pharmaceutical agents issued pursuant to NRS 636.288 .

(Added to NRS by 1999, 1914 ; A 2003, 511 ; 2019, 3647 )

NRS 636.2897

NRS

636.2897

Expedited certificate by endorsement.

The Board may issue a certificate by endorsement to treat a person diagnosed with glaucoma to an applicant who meets the requirements of this section.
An applicant for a certificate by endorsement must submit an application to the Executive Director in a form prescribed by the Board. The application must include the following information:

(a) Proof satisfactory to the Board that the applicant:

(1) Holds a valid and unrestricted certificate or other credential approved by the Board to engage in the treatment of a person with glaucoma issued in any state, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States which the Board has determined was issued in accordance with requirements that are substantially similar to those applicable to the issuance of a certificate to treat persons diagnosed with glaucoma in this State pursuant to NRS 636.2893 ; and

(2) Has had no adverse actions reported to the National Practitioner Data Bank, or its successor organization, within the past 5 years;

(b) An affidavit stating that the information set forth in the application and any accompanying material is true and correct; and

Not later than 15 business days after receiving an application for a certificate by endorsement to treat a person diagnosed with glaucoma, the Executive Director shall provide a written notice to the applicant if any additional information is required to consider the application. Unless the application is denied for good cause, the Board shall approve the application and issue a certificate to treat a person diagnosed with glaucoma by endorsement within 45 days after receiving the application.

(Added to NRS by 2019, 3637 )

CERTIFICATE TO OWN OR OPERATE MOBILE OPTOMETRY CLINIC

NRS 636.350

NRS

636.350

Certificate of registration to own optometry practice under assumed or fictitious name: Requirements; application; duties; regulations.

A person shall not own all or any portion of an optometry practice under an assumed or fictitious name unless the person:

(a) Holds an active license to practice optometry in this State; and

(b) Has been issued a certificate of registration by the Board to practice optometry under the assumed or fictitious name and at a specific location.

A person who applies for a certificate of registration to own all or any portion of an optometry practice under an assumed or fictitious name must submit to the Board an application on a form provided by the Board. The application must be accompanied by proof satisfactory to the Board that the assumed or fictitious name has been registered or otherwise approved by any appropriate governmental entity, including, without limitation, any incorporated city or unincorporated town in which the optometrist practices, if the registration or other approval is required by the governmental entity.
Each person who is issued a certificate of registration pursuant to this section shall:

(a) Comply with the provisions of chapter 602 of NRS;

(b) Display or cause to be displayed near the entrance of his or her business the full name of the optometrist and the words or letters that designate him or her as an optometrist; and

(c) Display or cause to be displayed near the entrance of his or her business the full name of any optometrist who regularly provides optometric services at the business and the words or letters that designate him or her as an optometrist.

The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate of registration to practice optometry under an assumed or fictitious name.
As used in this section, assumed or fictitious name means a name other than the name of the optometrist printed on his or her license to practice optometry.

[82:208:1955]—(NRS A 1999, 1915 ; 2019, 3652 ; 2023, 1461 )

NRS 637.085

NRS

637.085

Confidentiality of certain records of Board; exceptions.

Except as otherwise provided in this section, all applications for licensure, financial records of the Board and records of hearings and any order or decision of the Board or a panel must be open to the public.
Except as otherwise provided in this section and NRS 239.0115 , the following may be kept confidential:

(a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application.

(b) Any report concerning the fitness of any person to receive or hold a license to practice ophthalmic dispensing.

(1) The Board and any of its committees or panels; and

(2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

(d) Any other information or records in the possession of the Board.

Except as otherwise provided in this section and NRS 239.0115 , a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.
The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.
The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

(Added to NRS by 1987, 602 ; A 2003, 3451 ; 2005, 771 ; 2007, 2139 ; 2013, 2233 )

NRS 637.100

NRS

637.100

License as dispensing optician: Qualifications; waiver of certain requirements; scope; display.

To be eligible for a license as a dispensing optician, an applicant must:

(a) Be at least 18 years of age.

(b) Be a graduate of an accredited high school or its equivalent.

(1) Successfully completed an educational program on ophthalmic dispensing approved by the Board and served as an apprentice dispensing optician for not less than 2 years in accordance with regulations adopted by the Board pursuant to NRS 637.070 ; or

(2) Been awarded an associates degree in applied science for studies in ophthalmic dispensing from a school which is approved by the Board and served as an apprentice dispensing optician for not less than 1 year in accordance with regulations adopted by the Board pursuant to NRS 637.070 .

(d) Have passed any examination or obtained any certificate required by regulations adopted by the Board pursuant to NRS 637.070 for the issuance of a license as a dispensing optician.

The Board may waive the requirements of paragraph (c) of subsection 1 for an applicant who submits proof to the Board which shows to the satisfaction of the Board that the applicant:

(a) Is a graduate of a foreign school and has acquired education and experience that the Board deems equivalent to or greater than the education and experience required for the issuance of a license as a dispensing optician in this State;

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States who is on active duty; or

(c) Has at least 5 consecutive years of work experience in the practice of ophthalmic dispensing in the District of Columbia or any state or territory of the United States that does not have requirements for licensure which the Board deems equal to or greater than the requirements for the issuance of a license as a dispensing optician in this State. Some portion of the 5 consecutive years of work experience must have been obtained within the 2 years immediately preceding the date of application for licensure.

The Board may waive the requirements of paragraphs (c) and (d) of subsection 1 for an applicant who submits proof to the Board which shows to the satisfaction of the Board that the applicant holds a valid and unrestricted license to engage in ophthalmic dispensing in the District of Columbia or any state or territory of the United States that has requirements for licensure which the Board deems to be equal to or greater than the requirements for the issuance of a license as a dispensing optician in this State.
A license as a dispensing optician:

(a) Authorizes the holder to practice ophthalmic dispensing in this State; and

(b) Must be conspicuously displayed at all times at the holders place of practice.

[Part 4:216:1951; R 1953, 554 ; new section added 1953, 554 ]—(NRS A 1971, 220 ; 1975, 549 ; 1977, 1566 ; 1979, 603 , 1196 ;

1989, 911 ; 2003, 2012 ; 2019, 4289 ; 2023, 1392 )

NRS 638.017

NRS

638.017

Service of process: Methods; filing and recording of proof.

Except as otherwise provided in chapter 622A of NRS:

Service of process made pursuant to and all notices of hearings required by this chapter must be personally served upon the veterinarian, veterinary technician or applicant for a license, at his or her last known address, as indicated on the records of the Board. If personal service cannot be made, the Board may use any other method of service set forth in the Nevada Rules of Civil Procedure for the service of process in a civil action.
Proof of service of process made pursuant to this chapter must be filed with the Executive Director and recorded in the minutes of the Board.

(Added to NRS by 1985, 1248 ; A 1995, 1677 ; 2005, 776 ; 2021, 875 )

NRS 638.019

NRS

638.019

Action to collect compensation for regulated services requires proof of licensure at time of service.

A person engaged in any business or profession for which a license is required pursuant to this chapter may not bring or maintain an action in any court of this State, or be awarded judgment, for the collection of compensation for the performance of any act or contract for which such a license is required without alleging and proving that the person was licensed at all times during the performance of the act or contract.
Proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Board which establishes that the person bringing the action was licensed as required by subsection 1.

(Added to NRS by 1991, 2067 )

NEVADA STATE BOARD OF VETERINARY MEDICAL EXAMINERS

NRS 638.100

NRS

638.100

Application for license to practice veterinary medicine; qualifications; fee; grounds for refusal to issue license.

Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada must make written application to the Executive Director of the Board.
The application must include all information required to complete the application and any other information required by the Board and must be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character;

(b) Except as otherwise provided in subsection 3, has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a school of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association or, if the applicant is a graduate of a school of veterinary medicine that is not accredited by the Council on Education of the American Veterinary Medical Association, that the applicant has received an educational certificate issued by the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association or, if the Educational Commission for Foreign Veterinary Graduates of the American Veterinary Medical Association ceases to exist, by an organization approved by the Board that certifies that the holder of the certificate has demonstrated knowledge and skill of veterinary medicine that is equivalent to the knowledge and skill of veterinary medicine of a graduate of a college of veterinary medicine that is accredited by the Council on Education of the American Veterinary Medical Association; and

A veterinary student in his or her final year at a school accredited by the American Veterinary Medical Association may submit an application to the Board and take the state examination administered by the Board, but the Board may not issue a license until the student has complied with the requirements of subsection 2.
The application must be signed by the applicant and accompanied by a fee set by the Board, not to exceed $500.
The Board may refuse to issue a license if the Board determines that an applicant has committed an act which would be a ground for disciplinary action if the applicant were a licensee.

[Part 5:17:1919; A 1951, 63 ]—(NRS A 1960, 412 ; 1971, 221 ; 1975, 1150 ; 1977, 1566 ; 1985, 1253 ; 1995, 1679 ; 1997, 2145 ; 2003, 1224 , 3453 ;

2005, 2743 , 2807 ,

2817 ;

2019, 4292 ; 2021, 876 )

NRS 638.105

NRS

638.105

Issuance of license to practice veterinary medicine without examination or as diplomate.

The Board may in its discretion license an applicant solely on the basis of oral interviews and practical demonstrations upon sufficient proof that the applicant has, within the previous 5 years, successfully passed any examination approved by:

(a) The Board; and

(b) A national testing service for veterinary medicine that has been approved by the Board.

The Board may, upon payment of the fee prescribed under NRS 638.100 , license without examination any person who is a diplomate from an approved specialty board of the American Veterinary Medical Association. The veterinary practice of any person who is licensed pursuant to this subsection is limited to the specialty in which the person is certified. If an applicant for a license under this section is denied a license, any fee tendered by the applicant may be returned to the applicant at the discretion of the Board.

[Part 5:17:1919; A 1951, 63 ]—(NRS A 1960, 413 ; 1975, 1151 ; 1995, 1680 ; 1999, 184 )

NRS 638.116

NRS

638.116

Euthanasia technician: Application for license; qualifications; fee.

Any person who desires to secure a license as a euthanasia technician must make written application to the Executive Director of the Board.
The application must be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character.

(b) Is employed by a law enforcement agency, an animal control agency, or by a society for the prevention of cruelty to animals that is in compliance with the provisions of chapter 574 of NRS.

(d) Has furnished any other information required by the Board.

The application must be accompanied by:

(a) A fee to be set by the Board in an amount not to exceed $500; and

(b) All information required to complete the application.

(Added to NRS by 1989, 537 ; A 1995, 1680 ; 1997, 2146 ; 2005, 2745 , 2807 ;

2019, 4293 )

NRS 638.117

NRS

638.117

Euthanasia technician: Examination.

The Board shall examine every applicant for a license as a euthanasia technician in order to determine his or her qualifications, and may issue or deny a license on the basis of the examination. All examinees must be tested by a written examination which may be supplemented by oral interviews and practical demonstrations as the Board considers necessary.
The Board may waive the practical examination requirements of subsection 1 if an applicant submits to the Board proof that he or she is licensed by an agency which the Board determines has substantially equivalent examination requirements as the practical examination requirements of the Board.

(Added to NRS by 1989, 537 ; A 1995, 1681 )

NRS 638.122

NRS

638.122

Veterinary technician: Application for license; qualifications; fee.

Any person who desires to secure a license as a veterinary technician must make written application to the Executive Director of the Board.
The application must be accompanied by satisfactory proof that the applicant:

(a) Is of good moral character.

(b) Has received a diploma conferring the degree of veterinary technician or its equivalent after having completed a college level course at a school approved by the Board.

The application must be accompanied by:

(a) A fee to be set by the Board in an amount not to exceed $500; and

(b) All information required to complete the application.

(Added to NRS by 1975, 1146 ; A 1985, 1253 ; 1995, 1681 ; 1997, 2146 ; 2005, 2745 , 2807 ;

2019, 4293 )

NRS 638.1515

NRS

638.1515

Requirements for proof.

Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding:

(a) Proof of actual injury need not be established where the charge is deceptive or unethical professional conduct.

(b) If proof of actual injury is an issue, proof of actual injury may be established by the testimony and opinion of a witness who is not an expert witness.

(c) A certified copy of the record of a court or a licensing agency showing a conviction or the suspension, limitation, modification, denial or revocation of a license of a veterinarian or veterinary technician is conclusive evidence of its occurrence. A plea of nolo contendere is a conviction for the purpose of this section.

As used in this section, actual injury means any type of injury, abuse or mistreatment, whether or not the injury, abuse or mistreatment results in substantial or permanent physical harm or death.

(Added to NRS by 1985, 1248 ; A 1995, 1688 ; 2003, 1227 ; 2005, 780 )

NRS 638.1551

NRS

638.1551

Injunctive relief for unprofessional conduct.

In addition to any other remedy provided by law, the Board, through its President or the Attorney General, may apply to a court to enjoin any unprofessional conduct of a veterinarian or veterinary technician, or to limit his or her practice or suspend his or her license.
The court may issue a temporary restraining order or a preliminary injunction for such purposes:

(a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure; and

(b) Pending proceedings for disciplinary action by the Board. Such proceedings must be instituted and determined as promptly as practicable.

(Added to NRS by 1985, 1246 ; A 1995, 1689 )

NRS 639.127

NRS

639.127

Application for registration as pharmacist; payment of fee; submission of fingerprints; issuance of provisional registration; proof of qualifications; period of validity of application; issuance of certificate of registration.

An applicant for registration as a pharmacist in this State must submit an application to the Executive Secretary of the Board on a form furnished by the Board and must pay the fee fixed by the Board. The fee must be paid at the time the application is submitted and is compensation to the Board for the investigation and the examination of the applicant. Under no circumstances may the fee be refunded.
In addition to the requirements of subsection 1, each applicant for registration as a pharmacist shall submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Board may issue a provisional registration to an applicant pending receipt of the report from the Federal Bureau of Investigation if the Board determines that the applicant is otherwise qualified for registration.
Proof of the qualifications of any applicant must be made to the satisfaction of the Board and must be substantiated by affidavits, records or such other evidence as the Board may require.
An application is only valid for 1 year after the date it is received by the Board unless the Board extends its period of validity.
A certificate of registration as a pharmacist must be issued to each person who the Board determines is qualified pursuant to the provisions of NRS 639.120 ,

639.134 , 639.136 or 639.1365 . The certificate entitles the person to whom it is issued to practice pharmacy in this State.

(Added to NRS by 1967, 1653 ; A 1979, 1686 ; 1983, 178 ; 1985, 877 ; 1999, 240 ; 2003, 2282 ; 2015, 3020 , 3897 ;

2021, 1018 )

NRS 639.136

NRS

639.136

Expedited certificate by endorsement as registered pharmacist: Requirements; procedure for issuance.

The Board may issue a certificate by endorsement as a registered pharmacist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a registered pharmacist in the District of Columbia or any state or territory of the United States.
An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

Not later than 15 business days after receiving an application for a certificate by endorsement as a registered pharmacist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a registered pharmacist to the applicant not later than 45 days after receiving the application.
A certificate by endorsement as a registered pharmacist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 3018 ; A 2019, 4293 )

NRS 639.1365

NRS

639.1365

Expedited certificate by endorsement as registered pharmacist for active member of Armed Forces, members spouse, veteran or veterans surviving spouse: Requirements; procedure for issuance; provisional certificate pending action on application.

The Board may issue a certificate by endorsement as a registered pharmacist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant:

(a) Holds a corresponding valid and unrestricted certificate as a registered pharmacist in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as a registered pharmacist; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

Not later than 15 business days after receiving an application for a certificate by endorsement as a registered pharmacist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a registered pharmacist to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
A certificate by endorsement as a registered pharmacist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may grant a provisional certificate as a registered pharmacist to an applicant in accordance with regulations adopted by the Board.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3895 ; A 2019, 4294 )

NRS 639.200

NRS

639.200

Issuance of duplicate certificates and receipts for renewal.

The Board shall have the power to issue duplicate certificates of registration and duplicate renewal receipts upon:

Written application therefor signed by the applicant;
Proof to the satisfaction of the Board that good cause exists for the issuance of the certificate or renewal receipt; and
The payment of the proper fees for the issuance thereof.

[Part 16:286:1913; A 1951, 290 ; 1953, 588 ]—(NRS A 1967, 1647 )

Disciplinary and Other Actions

NRS 639.2174

NRS

639.2174

Completion of program prerequisite to renewal of certificate of registered pharmacist.

The Board shall not renew the certificate of any registered pharmacist until the applicant has submitted proof to the Board of the receipt of the required number of continuing education units, obtained through the satisfactory completion of an accredited program of continuing professional education during the period for which the certificate was issued.

(Added to NRS by 1973, 976 ; A 1975, 1312 ; 2003, 2287 )

NRS 639.2315

NRS

639.2315

Expedited license by endorsement to conduct pharmacy: Requirements; procedure for issuance.

The Board may issue a license by endorsement to conduct a pharmacy to an applicant who is a natural person and who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to conduct a pharmacy in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

Not later than 15 business days after receiving an application for a license by endorsement to conduct a pharmacy pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to conduct a pharmacy to the applicant not later than 45 days after receiving the application.
A license by endorsement to conduct a pharmacy may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 3018 ; A 2019, 4295 )

NRS 639.2316

NRS

639.2316

Expedited license by endorsement to conduct pharmacy for active member of Armed Forces, members spouse, veteran or veterans surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

The Board may issue a license by endorsement to conduct a pharmacy to an applicant who is a natural person and who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license to conduct a pharmacy in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

Not later than 15 business days after receiving an application for a license by endorsement to conduct a pharmacy pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to conduct a pharmacy to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
A license by endorsement to conduct a pharmacy may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license to conduct a pharmacy to an applicant in accordance with regulations adopted by the Board.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3896 ; A 2019, 4295 )

NRS 639.242

NRS

639.242

Service on respondent of copies of accusation, statement and forms for Notice of Defense.

After filing the accusation, the Executive Secretary of the Board shall cause a copy thereof, together with one copy of the Statement to Respondent and three copies of the form of the Notice of Defense, to be served on the respondent.
Service may be by personal service or by first-class registered or certified mail addressed to the respondent at his or her last address of record, or by mail to his or her attorney of record. Proof of service must be retained and made a part of the case record.

(Added to NRS by 1967, 1658 ; A 2003, 2291 )

NRS 639.282

NRS

639.282

Unlawful possession or sale of certain pharmaceutical preparations, drugs or chemicals; destruction.

Except as otherwise provided in NRS 433.801 , 435.700 , 449.2485 ,

638.200 , 639.267 , 639.2675

and 639.2676 , it is unlawful for any person to have in his or her possession, or under his or her control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:

(a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist or practitioner;

(b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;

(c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when the pharmaceutical preparation, drug or chemical is in the original sealed container;

(d) Is no longer safe or effective for use, as indicated by the expiration date appearing on its label; or

(e) Has not been properly stored or refrigerated as required by its label.

The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his or her possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. The preparation, drug or chemical must not be sold or otherwise disposed of until the certification required by this subsection has been presented to and approved by the Board.
In the absence of conclusive proof that the preparation, drug or chemical can be used safely and effectively by humans or animals, it must be destroyed under the direct supervision of a member or an inspector of the Board, or two persons designated as agents by the Board who include an inspector of a health care board, a licensed practitioner of a health care board or a peace officer of an agency that enforces the provisions of chapters 453 and 454 of NRS.
As used in this section, health care board includes the State Board of Pharmacy, the State Board of Nursing, the Board of Medical Examiners and the Nevada State Board of Veterinary Medical Examiners.

(Added to NRS by 1967, 1664 ; A 1979, 982 ; 1989, 1124 , 1450 ;

2003, 1374 ; 2009, 1091 ; 2011, 835 ; 2013, 3070 )

NRS 639.580

NRS

639.580

Evidence regarding due diligence; prohibited business relationships.

A person who is licensed to engage in wholesale distribution pursuant to this chapter shall maintain the following evidence regarding due diligence concerning each wholesaler with whom the licensee does business in accordance with any applicable requirements of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq.:

(a) A copy of the drivers license of:

(1) If the wholesaler is a sole proprietor, the owner.

(2) If the wholesaler is a partnership, limited-liability partnership or limited-liability corporation, each partner or shareholder, as applicable.

(3) If the wholesaler is a private corporation, each officer and director.

(b) Proof that the licensee has checked to determine if civil or criminal litigation or both exists against the company, its owners, partners, officers or directors and whether any disciplinary action has been taken or is pending against the company, its owners, partners, officers or directors by a state or federal agency.

A person who is licensed to engage in wholesale distribution pursuant to this chapter shall not maintain a business relationship with any company if any of the owners, partners, officers or directors have been convicted of a felony related to the wholesale distribution of prescription drugs.

(Added to NRS by 2005, 1613 )

NRS 640.090

NRS

640.090

Application for licensure as physical therapist or physical therapist assistant: Contents; fee; fingerprints.

Unless he or she is entitled to licensure under NRS 640.120 , 640.145 or 640.146 , a person who desires to be licensed as a physical therapist or physical therapist assistant must:

(a) Apply to the Board, in the form prescribed by the Board;

(b) Include in the application evidence, under oath, satisfactory to the Board, that the person possesses the qualifications required by NRS 640.080 or 640.092 , as applicable, other than having passed the examination;

(c) Pay to the Board at the time of filing the application a fee set by a regulation of the Board in an amount not to exceed $300 for a license as a physical therapist or $200 for a license as a physical therapist assistant;

(d) Submit to the Board with the application a complete set of fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(e) Submit other documentation and proof the Board may require; and

(f) Submit all other information required to complete the application.

If an applicant submits an application for a license by endorsement pursuant to NRS 640.146 , the Board shall collect not more than one-half of the fee specified in paragraph (c) of subsection 1 for the initial issuance of the license.

[6:364:1955]—(NRS A 1957, 77 ; 1967, 858 ; 1971, 1126 ; 1981, 935 ; 1989, 1576 ; 1997, 2150 ; 2003, 2861 ; 2005, 2751 , 2807 ;

2015, 3023 , 3901 ;

2017, 1583 )

NRS 640.145

NRS

640.145

Expedited license by endorsement: Requirements; procedure for issuance.

The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant, as applicable, in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined and is not currently being investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a physical therapist or physical therapist assistant; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) A fee in the amount of the fee set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and

(e) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to the applicant not later than:

(a) Forty-five days after receiving the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement may be issued at a meeting of the Board or between its meetings by the Chair of the Board or his or her designee. Such an action shall be deemed to be an action of the Board.

(Added to NRS by 2015, 3022 ; A 2017, 1586 ; 2019, 4296 )

NRS 640.146

NRS

640.146

The Board may issue a license by endorsement as a physical therapist or physical therapist assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

(a) Holds a corresponding valid and unrestricted license as a physical therapist or physical therapist assistant in the District of Columbia or any state or territory of the United States; and

(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(2) Has not been disciplined and is not currently being investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a physical therapist or physical therapist assistant; and

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) A fee in the amount set by a regulation of the Board pursuant to paragraph (c) of subsection 1 of NRS 640.090 for an application for a license; and

(e) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to the applicant not later than:

(a) Forty-five days after receiving all the additional information required by the Board to complete the application; or

(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,

Ê whichever occurs later.

A license by endorsement may be issued at a meeting of the Board or between its meetings by the Chair of the Board or his or her designee. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a physical therapist or physical therapist assistant, as applicable, in accordance with regulations adopted by the Board.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2015, 3900 ; A 2017, 1587 ; 2019, 4297 )

NRS 640.150

NRS

640.150

Renewal; expiration and reinstatement of license; continuing competency; regulations; fees.

A license to practice as a physical therapist or physical therapist assistant expires 1 year after the date of its issuance or on the date prescribed by the Board, whichever is later. Except as otherwise provided in subsection 2, a physical therapist or physical therapist assistant may renew a license before its expiration upon:

(a) Presentation of proof of completion of a program of continuing competency as required by subsection 3;

(b) Payment of a renewal fee established by the Board; and

A license may be renewed within 30 days after the date it expires. An expired license that is not renewed in a timely manner may be reinstated, at the discretion of the Board, upon:

(a) Payment of the reinstatement fee established by regulation of the Board for each year or portion thereof that the license is expired; and

(b) Satisfaction of the requirements for renewal prescribed by subsection 1.

The Board shall require licensed physical therapists and physical therapist assistants to complete a program of continuing competency as a requirement for the renewal of licenses. The Board shall, by regulation, establish requirements for the program of continuing competency, which may include a requirement that any provider of such a program must be approved by the Board.
The Board:

(a) Shall establish a fee for reinstatement of an expired license, to be paid for each year or portion thereof that the license is expired.

(b) May establish a fee of not more than $150 to consider approval of a program of continuing competency.

[12:364:1955]—(NRS A 1957, 78 ; 1967, 859 ; 1981, 936 ; 1985, 1411 ; 1989, 1577 ; 1997, 2150 ; 2005, 696 , 2752 ,

2807 ;

2017, 1588 )

NRS 641.173

NRS

641.173

Application for license or registration: Submission of official transcripts by alternate means.

If the Board requires an applicant for a license or registration pursuant to this chapter to submit official transcripts as proof of his or her educational qualifications, the Board must provide an alternate means for the applicant to submit official transcripts if:

The college or university from which the applicant graduated has closed or has merged with another institution; and
The provision of official transcripts by ordinary means is not available or possible.

(Added to NRS by 2021, 3484 )

NRS 641.196

NRS

641.196

Expedited license by endorsement as psychologist: Requirements; procedure for issuance; provisional license pending action on application.

The Board may issue a license by endorsement as a psychologist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a psychologist in the District of Columbia or any state or territory of the United States.
An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

(a) Proof satisfactory to the Board that the applicant:

(1) Satisfies the requirements of subsection 1;

(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641.160 ;

(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

(d) The fee prescribed by the Board pursuant to NRS 641.228 for the issuance of an initial license; and

(e) Any other information required by the Board.

Not later than 15 business days after receiving an application for a license by endorsement as a psychologist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a psychologist to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
A license by endorsement as a psychologist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may, for any reason, grant a provisional license authorizing an applicant to practice as a psychologist in accordance with regulations adopted by the Board.

(Added to NRS by 2015, 3906 ; A 2017, 4249 ; 2019, 4303 ; 2021, 3486 )

NRS 641.285

NRS

641.285

Requirements for proof.

Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board, a panel of its members or a hearing officer:

Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct, practice of psychology, or practice as a psychological assistant, psychological intern or psychological trainee harmful to the public.
A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice psychology or registration to practice as a psychological assistant, psychological intern or psychological trainee or an order containing any other disciplinary action entered by a court in the District of Columbia or any state or territory of the United States is conclusive evidence of its occurrence.
The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.

(Added to NRS by 1985, 1909 ; A 2005, 790 ; 2019, 1001 )

NRS 641.314

NRS

641.314

Temporary restraining order or preliminary injunction pending disciplinary proceedings.

Notwithstanding the provisions of chapter 622A of NRS:

Pending disciplinary proceedings before the Board, a panel of its members or a hearing officer, the court may, upon application by the Board or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a psychologist, psychological assistant, psychological intern or psychological trainee which is harmful to the public, to limit the psychologists, psychological assistants, psychological interns or psychological trainees practice or to suspend the license to practice psychology or registration to practice as a psychological assistant, psychological intern or psychological trainee, without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
The disciplinary proceedings before the Board, a panel of its members or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

(Added to NRS by 1985, 1908 ; A 1989, 1545 ; 2005, 790 ; 2019, 1001 )

NRS 641.316

NRS

641.316

Injunction against person practicing without license, authorization or registration.

The Board through its President or Secretary-Treasurer or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing:

(a) Psychology without a license or authorization to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227 ; or

(b) As a psychological assistant, psychological intern or psychological trainee without a registration.

Such an injunction:

(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

(b) Does not relieve any person from criminal prosecution for practicing without a license or registration.

(Added to NRS by 1985, 1911 ; A 1989, 1546 ; 2017, 932 ; 2019, 1002 )

NRS 642.120

NRS

642.120

Renewal of license: Fees; required information; continuing education.

If a licensee wishes to renew his or her license, the Board shall renew the license, except for cause, if the licensee complies with the provisions of this section.
The renewal fee prescribed in NRS 642.0696 and all information required to complete the renewal are due on January 1 of each even-numbered year. If the renewal fee is not paid or all required information is not submitted by February 1 of that even-numbered year, a fee for the late renewal of the license will be added to the renewal fee, and in no case will the fee for late renewal be waived.
Upon receipt of the renewal fee, all required information and any fee for late renewal imposed pursuant to subsection 2, the Board shall issue a renewal certificate to the licensee.
A person licensed as an embalmer must complete 12 hours of continuing education in a field relevant to the funeral industry before renewal of his or her license and maintain proof of completion of those hours for a period of 5 years.
A person licensed as both a funeral director and embalmer must complete a combined total of 12 hours of continuing education courses to renew both licenses.
The Board may request proof of completion of the continuing education required pursuant to this section before renewing a license as an embalmer.

[Part 5:28:1909; A 1931, 31 ; 1949, 142 ; 1943 NCL § 2669]—(NRS A 1959, 850 ; 1975, 708 ; 1995, 268 ; 1997, 2159 ; 2003, 1271 ; 2005, 2768 , 2807 ;

2015, 1951 , 1956 )

Disciplinary and Other Actions

NRS 642.200

NRS

642.200

Academic qualifications of applicant.

Each applicant for a certificate of registration as a registered apprentice shall furnish proof that he or she is a high school graduate and has completed 2 academic years of instruction by taking 60 semester or 90 quarter hours at an accredited college or university.
Such proof must be furnished before the applicant may be issued a certificate of registration as a registered apprentice.

(Added to NRS by 1959, 842 ; A 1975, 708 ; 1999, 942 ; 2003, 1272 ; 2021, 184 )

NRS 642.416

NRS

642.416

Renewal of license as funeral director: Continuing education.

A person licensed as a funeral director must complete 12 hours of continuing education in a field relevant to the funeral industry before renewal of his or her license and maintain proof of completion of those hours for a period of 5 years.
A person licensed as both a funeral director and embalmer must complete a combined total of 12 hours of continuing education courses to renew both licenses.
The Board may request proof of completion of the continuing education required pursuant to this section before renewing a license as a funeral director.

(Added to NRS by 2015, 1951 )

NRS 642.512

NRS

642.512

Moral character of applicant.

Each applicant for a license, permit or certificate issued by the Board pursuant to this chapter or chapter 451 or 452 of NRS must furnish proof satisfactory to the Board that the applicant is of good moral character.

(Added to NRS by 1959, 844 ; A 1995, 269 ; 2015, 1959 )

NRS 645.256

NRS

645.256

Broker who provides asset management services to client required to provide Real Estate Division with certain information annually; disciplinary action by Division.

A broker who enters into an agreement to provide asset management services to a client shall:

(a) Disclose annually to the Division any such agreements to provide asset management services to a client; and

(b) Provide proof satisfactory to the Division on an annual basis that the broker has complied with the requirements of NRS 645H.490 .

In addition to any other remedy or penalty, the Division may take administrative action, including, without limitation, the suspension of a license or permit or the imposition of an administrative fine, against a broker who fails to comply with this section.
As used in this section:

(a) Asset management has the meaning ascribed to it in NRS 645H.030 .

(b) Client has the meaning ascribed to it in NRS 645H.060 .

(Added to NRS by 2011, 2831 )

NRS 645.270

NRS

645.270

Allegation and proof of licensed status in action for compensation.

A person, limited-liability company, partnership, association or corporation engaged in the business or acting in the capacity of a real estate broker or a real estate salesperson within this State may not commence or maintain any action in the courts of this State for the collection of compensation for the performance of any of the acts mentioned in NRS 645.030

without alleging and proving that the person, limited-liability company, partnership, association or corporation was a licensed real estate broker or real estate salesperson at the time the alleged cause of action arose.

[30:150:1947; 1943 NCL § 6396.30]—(NRS A 1985, 1263 ; 1997, 166 )

NRS 645.330

NRS

645.330

General qualifications of applicant; grounds for denial of application; eligibility for licensing as broker.

Except as otherwise provided by a specific statute, the Division may approve an application for a license for a person who meets all the following requirements:

(a) Has a good reputation for honesty, trustworthiness and integrity and who offers proof of those qualifications satisfactory to the Division.

(b) Has not made a false statement of material fact on his or her application.

(c) Is competent to transact the business of a real estate broker, broker-salesperson or salesperson in a manner which will safeguard the interests of the public.

(d) Has passed the examination.

(e) Has submitted all information required to complete the application.

The Division:

(a) May deny a license to any person who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate business without a license, possessing for the purpose of sale any controlled substance or any crime involving moral turpitude, in any court of competent jurisdiction in the United States or elsewhere; and

(b) Shall not issue a license to such a person until at least 3 years after:

(1) The person pays any fine or restitution ordered by the court; or

(2) The expiration of the period of the persons parole, probation or sentence,

Ê whichever is later.

Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country before the date of the application is grounds for refusal to grant a license.
Except as otherwise provided in NRS 645.332 , a person may not be licensed as a real estate broker unless the person has been actively engaged as a full-time licensed real estate broker-salesperson or salesperson in this State, or actively engaged as a full-time licensed real estate broker, broker-salesperson or salesperson in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a brokers license.

[Part 8:150:1947; A 1949, 433 ; 1955, 424 ]—(NRS A 1973, 1101 ; 1975, 794 ; 1979, 1540 ; 1981, 1607 ; 1983, 163 ; 1985, 1263 ; 1993, 2805 ; 1995, 993 , 2477 ;

1997, 2165 ; 2003, 1499 ; 2005, 1287 , 1288 ,

2773 ,

2807 ;

2007, 1474 )

NRS 645.332

NRS

645.332

Applicants licensed in another jurisdiction: Exemption from certain examination requirements; issuance of license as broker or broker-salesperson by reciprocity.

An applicant for a license as a real estate salesperson is not required to pass the uniform portion of a national real estate examination otherwise required by NRS 645.330 and 645.460 if:

(a) The applicant holds a license in good standing as a real estate broker, broker-salesperson or salesperson issued by another state or territory of the United States, or the District of Columbia;

(b) The requirements for licensure as a real estate salesperson issued in that state or territory of the United States, or the District of Columbia, are substantially equivalent to the requirements in this State for licensure as a real estate salesperson; and

(c) The applicant has passed the examination in that state or territory of the United States, or the District of Columbia.

The Division may issue a license as a real estate broker or broker-salesperson to a person who holds a license as a real estate broker or broker-salesperson, or an equivalent license, issued by a state or territory of the United States, or the District of Columbia, if that state or territory, or the District of Columbia, has entered into a reciprocal agreement with the Commission for the issuance of licenses pursuant to this chapter and the person submits proof to the Division that:

(a) The person has been issued a license as a real estate broker or broker-salesperson, or an equivalent license, by that state or territory of the United States, or the District of Columbia; and

(b) At the time the person files an application with the Division, the license is in good standing.

The Division may refuse to issue a license as a real estate broker or broker-salesperson pursuant to subsection 2 to a person who has committed any act or offense that would be grounds for denying a license to an applicant or taking disciplinary action against a licensee pursuant to this chapter.
The Commission shall not enter into a reciprocal agreement pursuant to subsection 2 unless the provisions relating to the practice of real estate, including the requirements for the licensing of real estate brokers and real estate broker-salespersons in the other state or territory of the United States, or the District of Columbia, are substantially similar to the provisions relating to the practice of real estate in this State.

(Added to NRS by 2005, 1284 )

NRS 645.343

NRS

645.343

Educational requirements; regulations of Commission concerning standards of education.

In addition to the other requirements contained in this chapter, an applicant for an original real estate salespersons license must furnish proof satisfactory to the Real Estate Division that the applicant has successfully completed a course of instruction which consists of not less than 120 hours of instruction in the principles, practices, procedures, law and ethics of real estate, which course may be an extension or correspondence course offered by the Nevada System of Higher Education, by any other accredited college or university or by any other college or school approved by the Commission. The course of instruction must include:

(a) The subject of disclosure of required information in real estate transactions, including instruction on methods a seller may use to obtain the required information;

(b) Not less than 15 hours of instruction in the preparation of contracts in real estate transactions to the extent allowed in the capacity of a licensee; and

An applicant for an original real estate brokers or broker-salespersons license must furnish proof satisfactory to the Real Estate Division that the applicant has successfully completed:

(a) Three semester units or an equivalent number of quarter units in real estate law, including at least 18 classroom hours of the real estate law of Nevada;

(b) Three semester units or an equivalent number of quarter units in the principles of real estate;

(c) Nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics;

(d) Nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics;

(e) Three semester units or an equivalent number of quarter units in broker management;

(f) Not less than one semester unit or an equivalent number of quarter units of instruction in the preparation of contracts in real estate transactions to the extent allowed in the capacity of a licensee; and

(g) Not less than one semester unit or an equivalent number of quarter units of instruction on agency.

On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salespersons license must furnish proof satisfactory to the Real Estate Division that the applicant has completed 64 semester units or the equivalent in quarter units of college level courses. This educational requirement includes and is not in addition to the requirements listed in subsection 2.
For the purposes of this section, each person who holds a license as a real estate broker, broker-salesperson or salesperson, or an equivalent license, issued by a state or territory of the United States, or the District of Columbia, is entitled to receive credit for the equivalent of 16 semester units of college level courses for each 2 years of active experience that, during the immediately preceding 10 years, the person has obtained while he or she has held such a license, not to exceed 8 years of active experience. This credit may not be applied against the requirement in subsection 2 for three semester units or an equivalent number of quarter units in broker management or 18 classroom hours of the real estate law of Nevada.
An applicant for a brokers license pursuant to NRS 645.350 must meet the educational prerequisites applicable on the date his or her application is received by the Real Estate Division.
As used in this section, college level courses are courses offered by any accredited college or university or by any other institution which meet the standards of education established by the Commission. The Commission may adopt regulations setting forth standards of education which are equivalent to the college level courses outlined in this subsection. The regulations may take into account the standard of instructors, the scope and content of the instruction, hours of instruction and such other criteria as the Commission requires.

(Added to NRS by 1960, 155 ; A 1963, 667 ; 1969, 1448 ; 1973, 987 , 1591 ;

1975, 794 , 1544 ,

1639 ;

1977, 610 ; 1981, 1032 ; 1983, 228 ; 1993, 419 ; 1995, 505 ; 1999, 180 ; 2005, 1288 ; 2019, 2777 )

NRS 645.400

NRS

645.400

Additional information concerning applicants may be required by Division; regulations concerning applications.

In addition to the information required by this chapter, applications for brokers or salespersons licenses must contain such other information pertaining to the applicants as the Division may require.
The Division may require such other proof through the application or otherwise, with due regard to the paramount interests of the public as to the honesty, truthfulness, integrity and competency of the applicant.
The Commission may adopt regulations connected with the application for any examination and license.

[Part 13:150:1947; A 1949, 433 ; 1943 NCL § 6396.13]—(NRS A 1979, 1543 ; 1981, 1609 )

NRS 645.420

NRS

645.420

Action on application by Division; additional investigation; invalidation of license for certain errors in issuance.

The Division shall notify each applicant in writing whether the applicant passed or failed the examination.
The Division shall act upon all applications for licenses as real estate brokers, broker-salespersons or real estate salespersons within 60 days from the date of receiving the completed application for a license.
If in the opinion of the Real Estate Division additional investigation of the applicant appears necessary, the Real Estate Division may extend the 60-day period and may make such additional investigation as is necessary or desirable before acting on the applicants application.
The burden of proof is on the applicant to establish to the satisfaction of the Real Estate Division that he or she is qualified to receive a license.
Passing the examination creates no vested right in the applicant to hold a license pending an appeal of a denial of his or her licensing by the Division.
The Division, upon the discovery of any error in the issuance of a license which is related to the qualification or fitness of the licensee, may invalidate the license. The Division shall promptly notify the licensee, in writing, of the invalidation and the licensee shall surrender the license to the Division within 20 days after notice is sent by the Division. A licensee whose license is invalidated under this subsection and is surrendered within the time specified is entitled to a hearing as for a denial of application in accordance with the provisions of NRS 645.440 .

[Part 13:150:1947; A 1949, 433 ; 1943 NCL § 6396.13]—(NRS A 1963, 670 ; 1973, 1102 ; 1975, 796 ; 1977, 611 ; 1981, 1329 , 1609 )

NRS 645.6052

NRS

645.6052

Permit to engage in property management: Persons eligible; requirements; instruction; expiration; renewal; regulations.

A person who is licensed pursuant to this chapter as a real estate broker, real estate broker-salesperson or real estate salesperson may apply to the Real Estate Division for a permit to engage in property management.
An applicant for a permit must:

(a) Furnish proof satisfactory to the Division that the applicant has successfully completed at least 24 classroom hours of instruction in property management; and

(b) Comply with all other requirements established by the Commission for the issuance of a permit.

A permit expires, and may be renewed, at the same time as the license of the holder of the permit.
An applicant for the renewal of a permit must:

(a) Furnish proof satisfactory to the Division that the applicant has successfully completed at least 3 of the hours of the continuing education required for the renewal of his or her license pursuant to the regulations adopted by the Commission pursuant to NRS 645.575 in an approved educational course, seminar or conference concerning property management; and

(b) Comply with all other requirements established by the Commission for the renewal of a permit.

The Commission may adopt such regulations as it determines are necessary to carry out the provisions of this section. The regulations may, without limitation:

(a) Establish additional requirements for the issuance or renewal of a permit.

(b) Establish fees for the issuance and renewal of a permit and fees to pay the costs of:

(1) Any examination for a permit, including any costs which are necessary for the administration of such an examination.

(2) Any investigation of an applicants background.

(Added to NRS by 1997, 954 ; A 2003, 1292 ; 2007, 1542 )

NRS 645.863

NRS

645.863

Permit to engage in business as business broker: Persons eligible; requirements; continuing education; expiration; renewal; regulations.

A person who is licensed as a real estate broker, real estate broker-salesperson or real estate salesperson pursuant to this chapter may apply to the Real Estate Division for a permit to engage in business as a business broker.
An applicant for a permit must:

(a) Provide proof satisfactory to the Real Estate Division that the applicant has successfully completed at least 24 hours of instruction relating to business brokerage; and

(b) Comply with any other requirements for the issuance of a permit established by the Commission.

A permit expires on the same date as the license of the holder of the permit expires. A permit may be renewed at the time that a person licensed pursuant to this chapter applies for renewal of his or her license.
An applicant for the renewal of a permit must:

(a) Provide proof satisfactory to the Real Estate Division that the applicant has successfully completed at least 3 hours of continuing education required for the renewal of his or her license pursuant to the regulations adopted by the Commission pursuant to NRS 645.575 in an approved educational course, seminar or conference relating to business brokerage.

(b) Comply with any other requirements for renewal of a permit established by the Commission.

The Commission shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations must include, without limitation, provisions that establish:

(a) Requirements for the issuance or renewal of a permit.

(b) Fees for:

(1) The issuance or renewal of a permit;

(2) The cost of any examination required of an applicant for a permit, including, without limitation, any costs which are necessary for the administration of an examination; and

(3) The cost of any investigation of an applicant for a permit.

(c) Standards of education for the approval of a course of instruction to qualify an applicant for the issuance or renewal of a permit.

(Added to NRS by 2005, 646 ; A 2007, 1544 )

NRS 648.075

NRS

648.075

Licensing: Incomplete application; period of validity of application; summary denial of invalid application; burden of proof; waiver of claim for damages resulting from application.

An applicant must answer all the questions and provide all the information required by the application. The applicant may include additional information on plain paper. If the Secretary determines that the application is incomplete, improperly completed or illegible, the application, together with all associated documents and any fees paid, must be returned to the applicant without further action.
An application is valid for 6 months after the date of filing with the Board. It is the responsibility of the applicant to comply with all procedures and necessary appearances in connection with an application before the expiration of the 6 months. The Board may, for good cause shown, extend the period.
The Board may summarily deny any application for a license which is still pending before the Board 6 months after the date of filing.
The applicant has the burden of proving his or her qualifications and suitability for the license.
By filing an application with the Board, an applicant accepts the risk of adverse public notice, embarrassment, criticism or other action with respect to the application, and expressly waives any claim for damages as a result thereof.

(Added to NRS by 1985, 1329 )

NRS 648.135

NRS

648.135

Licenses: Maintenance of liability insurance or acting as self-insurer; minimum limits of liability; proof.

Before issuing any license or annual renewal thereof, the Board shall require satisfactory proof that the applicant or licensee:

(a) Is covered by a policy of insurance for protection against liability to third persons, with limits of liability in amounts not less than $200,000, written by an insurance company authorized to do business in this State; or

(b) Possesses and will continue to possess sufficient means to act as a self-insurer against that liability.

Every licensee shall maintain the policy of insurance or self-insurance required by this section. The license of every such licensee is automatically suspended 10 days after receipt by the licensee of notice from the Board that the required insurance is not in effect, unless satisfactory proof of insurance is provided to the Board within that period.
Proof of insurance or self-insurance must be in such a form as the Board may require.

(Added to NRS by 1973, 681 ; A 1985, 1339 ; 1987, 2137 )

NRS 648.220

NRS

648.220

Injunctive relief; civil penalty.

The Board may apply to any court of competent jurisdiction to enjoin any person who has engaged or is about to engage in any act which violates any provision of this chapter or any regulation adopted by the Board.
Such an injunction:

(a) May be issued without proof of actual damage sustained by any person.

(b) Does not preclude criminal prosecution and punishment of a violator.

In addition to issuing the injunction, the court may impose a civil penalty not to exceed $10,000 if the person has violated a provision of NRS 648.060 .

(Added to NRS by 1977, 383 ; A 1987, 2139 )

NRS 649.085

NRS

649.085

Qualifications of applicant for license.

Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent must submit proof satisfactory to the Commissioner that he or she:

Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.
Has not had a collection agency license suspended or revoked within the 10 years immediately preceding the date of the application, unless the license was suspended for a minor violation that did not harm a debtor and the license was subsequently restored.
Has not been convicted of, or entered a plea of nolo contendere to:

(a) A felony relating to the practice of collection agencies or collection agents; or

(b) Any crime involving fraud, misrepresentation or moral turpitude.

Has not made a false statement of material fact on the application.
Will maintain a physical office as the principal place of business. If a collection agent of the applicant will be working from a remote location, the principal place of business of the applicant must be located in the United States.
Has established a plan to ensure that his or her collection agency will provide the services of a collection agency adequately and efficiently.

(Added to NRS by 1963, 1141 ; A 1969, 836 ; 1975, 1297 ; 1995, 999 ; 2003, 2731 ; 2007, 2500 ; 2019, 4331 ; 2023, 3594 )

NRS 649.196

NRS

649.196

Qualifications of applicant; requirements for issuance; notice of refusal to issue certificate; request for hearing; withdrawal of application.

Each applicant for a compliance managers certificate must submit proof satisfactory to the Commissioner that the applicant:

(a) Is at least 21 years of age.

(b) Has a good reputation for honesty, trustworthiness and integrity and is competent to oversee the compliance of a collection agency in a manner which protects the interests of the general public. An applicant may demonstrate competency to oversee the compliance of a collection agency by:

(1) Holding a certification from a national association that is a nonprofit organization with expertise in the business of collections, compliance or financial services;

(2) Having 3 years of experience working in compliance for a collection agency;

(3) Holding a professional degree or accreditation relating to compliance of a collection agency; or

(4) Serving as a compliance manager on or before October 1, 2023.

(d) Has not had a collection agency license or compliance managers certificate suspended or revoked within the 10 years immediately preceding the date of filing the application, unless the license or certificate was suspended for a minor violation that did not harm a debtor and was subsequently restored.

(e) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

(f) Has had not less than 2 years full-time experience with a collection agency in the collection of accounts or with a financial institution or as a compliance manager. At least 1 year of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.

Each applicant must:

(a) Pass the examination or reexamination provided for in NRS 649.205 , unless the examination or reexamination is waived pursuant to subsection 4 of NRS 649.205 .

(b) Pay the required fees.

(c) Submit such information reasonably related to his or her qualifications for the compliance managers certificate as the Commissioner determines to be necessary.

The Commissioner may refuse to issue a compliance managers certificate if the applicant does not meet the requirements of subsections 1 and 2.
If the Commissioner refuses to issue a compliance managers certificate pursuant to this section, the Commissioner shall notify the applicant in writing by certified mail stating the reasons for the refusal. The applicant may submit a written request for a hearing within 20 days after receiving the notice. If the applicant fails to submit a written request within the prescribed period, the Commissioner shall enter a final order.
The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a compliance managers certificate to the applicant unless the applicant submits a new application and pays any required fees.

(Added to NRS by 1969, 831 ; A 1977, 1568 ; 1983, 680 , 1715 ;

1987, 1891 ; 1995, 1000 ; 2003, 2865 ; 2005, 1870 ; 2019, 4332 ; 2023, 3597 )

NRS 651.010

NRS

651.010

Civil liability of innkeepers for theft, loss, damage or destruction of property brought by patron on premises or left in motor vehicle upon premises.

An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State is not civilly liable for the theft, loss, damage or destruction of any property brought by a patron upon the premises or left in a motor vehicle upon the premises because of theft, burglary, fire or otherwise, in the absence of gross neglect by the owner or keeper.
An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State is not civilly liable for the theft, loss, damage or destruction of any property of a guest left in a guest room if:

(a) The owner or keeper provides a fireproof safe or vault in which guests may deposit property for safekeeping;

(b) Notice of this service is personally given to a guest or posted in the office and the guests room; and

Ê unless the owner or keeper is grossly negligent.

An owner or keeper is not obligated to receive property to deposit for safekeeping which exceeds $750 in value or is of a size which cannot easily fit within the safe or vault.
The liability of the owner or keeper does not exceed the sum of $750 for any property, including, but not limited to, property which is not deposited in a safe or vault because it cannot easily fit within the safe or vault, of an individual patron or guest, unless the owner or keeper receives the property for deposit for safekeeping and consents to assume a liability greater than $750 for its theft, loss, damage or destruction in a written agreement in which the patron or guest specifies the value of the property.

[1:256:1953]—(NRS A 1979, 1114 ; 1993, 2258 ; 1995, 2670 )

NRS 651.075

NRS

651.075

Rights, duties and liabilities of persons training or accompanied by service animal, service animal in training or police dog; unlawful acts; rights of place of accommodation; unmuzzled service animal may not be presumed dangerous; exception for miniature horse under certain circumstances; person subject to same conditions and limitations as others; remedies.

Except as otherwise provided in subsection 5 and NRS 644A.940 , it is unlawful for a place of public accommodation to:

(a) Refuse admittance or service to a person with a disability because the person is accompanied by a service animal.

(b) Refuse admittance or service to a person who is training a service animal because the person is accompanied by a service animal in training.

(c) Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal in training into:

(1) The place of public accommodation; or

(2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.

(d) Refuse admittance or service to a person because the person is accompanied by a police dog.

(e) Charge an additional fee or deposit for a service animal, service animal in training or a police dog as a condition of access to the place of public accommodation.

(f) Require proof that an animal is a service animal or service animal in training.

A place of public accommodation may:

(a) Ask a person accompanied by an animal:

(1) If the animal is a service animal or service animal in training; and

(2) What tasks the animal is trained to perform or is being trained to perform.

(b) Ask a person to remove a service animal or service animal in training if the animal:

(1) Is out of control and the person accompanying the animal fails to take effective action to control it; or

(2) Poses a direct threat to the health or safety of others.

A service animal may not be presumed dangerous by reason of the fact it is not muzzled.
This section does not relieve:

(a) A person with a disability who is accompanied by a service animal or a person who is accompanied by a service animal in training from liability for damage caused by the service animal or service animal in training.

(b) A person who is accompanied by a police dog from liability for damage caused by the police dog.

A place of public accommodation is not required to comply with the provisions of subsection 1 with regard to a service animal or service animal in training that is a miniature horse if the place of public accommodation determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.
Persons with disabilities who are accompanied by service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.
Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.
A person who violates paragraph (e) of subsection 1 is civilly liable to the person against whom the violation was committed for:

(a) Actual damages;

(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.
As used in this section:

(a) Police dog means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer.

(b) Service animal has the meaning ascribed to it in NRS 426.097 .

(Added to NRS by 1969, 587 ; A 1971, 1058 ; 1973, 1499 ; 1981, 1921 ; 1987, 824 ; 1991, 1028 ; 1995, 1996 ; 1997, 74 ; 1999, 2519 ; 2003, 2637 , 2977 ;

2005, 632 ; 2015, 272 , 615 )

NRS 652.090

NRS

652.090

Application: Contents; regulations.

An application for a license must be on a form prescribed by the Division and must contain the following information:

(a) The name and location of the laboratory;

(b) The name and proof of identity of the laboratory director;

(c) The name of the owner or owners of the laboratory or, if a corporation, the names of the officers, directors and beneficial owners of 10 percent or more of its shares;

(d) A description of the program and services provided by the laboratory; and

(e) Such other information as the Division may deem necessary or expedient to carry out its powers and duties under this chapter.

The Board shall adopt regulations to carry out the provisions of subsection 1, including, without limitation, regulations setting forth the acceptable forms of proof of identity that a laboratory director must include in an application pursuant to paragraph (b) of subsection 1.

(Added to NRS by 1967, 927 ; A 1995, 1590 ; 2013, 102 )

NRS 652.092

NRS

652.092

Division prohibited from issuing or renewing license without proof of compliance with certain guidelines with respect to safe and appropriate injection practices.

The Division shall not issue or renew a license to a medical laboratory whose licensed personnel have job duties that include the administration of injections unless the applicant for issuance or renewal of the license attests that the laboratory director and laboratory personnel whose job duties include the administration of injections have knowledge of and are in compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

(Added to NRS by 2011, 2055 )

NRS 652.186

NRS

652.186

Persons authorized to perform certain laboratory tests for detection of human immunodeficiency virus.

A person may perform a test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations in a medical laboratory without obtaining certification as an assistant in a medical laboratory pursuant to NRS 652.127 or a license or certification described in NRS 652.210 if the person submits proof of successful completion of training that has been approved by the Division concerning:

The administration of such a test;
Infection control procedures recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the Occupational Safety and Health Administration of the United States Department of Labor;
Reporting of communicable diseases as required by NRS 441A.150 and any regulations adopted pursuant to chapter 441A

of NRS; and

Counseling and referrals to be provided to persons who test positive for the human immunodeficiency virus, including, without limitation, counseling provided pursuant to NRS 441A.336 .

(Added to NRS by 2015, 848 )

NRS 653.530

NRS

653.530

Expedited license or limited license by endorsement: Requirements; procedure for issuance.

The Division may issue a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging in accordance with the provisions of this section to an applicant who meets the requirements set forth in this section.
An applicant for a license by endorsement or a limited license by endorsement pursuant to this section must submit to the Division an application in the form prescribed by the Division and:

(a) Proof satisfactory to the Division that the applicant:

(1) If applying for a license to engage in radiation therapy and radiologic imaging, holds a valid and unrestricted license, certificate or other credential to engage in radiation therapy and radiologic imaging issued in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States;

(2) If applying for a limited license to engage in radiologic imaging, holds a valid and unrestricted license, certificate or other credential to engage in radiologic imaging issued in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States;

(3) Has not been disciplined or investigated by a regulatory authority of the state or territory in which the applicant holds or has held a license; and

(4) Has not ever been held civilly or criminally liable for malpractice related to his or her license;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

Not later than 15 business days after receiving an application for a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging pursuant to this section, the Division shall provide written notice to the applicant if any additional information is required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement or limited license by endorsement, as applicable, to the applicant not later than 45 days after receiving the application.

(Added to NRS by 2019, 2726 )

NRS 653.540

NRS

653.540

Expedited license or limited license by endorsement for active member of Armed Forces, members spouse, veteran or veterans surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

The Division may issue a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging in accordance with the provisions of this section to an applicant who meets the requirements set forth in this section.
An applicant for a license by endorsement pursuant to this section must submit to the Division with his or her application:

(a) Proof satisfactory to the Division that the applicant:

(3) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran;

(4) Has not been disciplined or investigated by a regulatory authority of the state or territory in which the applicant holds or has held a license; and

(5) Has not ever been held civilly or criminally liable for malpractice related to his or her license;

(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

Not later than 15 business days after receiving an application for a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging pursuant to this section, the Division shall provide written notice to the applicant if any additional information is required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement or a limited license by endorsement, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Division to complete the application.
At any time before making a final decision, the Division may grant a provisional license authorizing an applicant to engage in radiation therapy and radiologic imaging or a provisional limited license authorizing an applicant to engage in radiologic imaging, as applicable, in accordance with regulations adopted by the Division.
As used in this section, veteran has the meaning ascribed to it in NRS 417.005 .

(Added to NRS by 2019, 2727 )

NRS 653.620

NRS

653.620

Taking X-ray photographs: Requirements; registration.

A person who does not hold a license or limited license may take X-ray photographs under the supervision of a physician or physician assistant as part of his or her employment or service as an independent contractor in a rural health clinic or federally-qualified health center described in subsection 2 if the person:

(a) Registers with the Division in the form prescribed by the Division;

(b) Submits to the Division proof that he or she has completed training in radiation safety and proper positioning for X-ray photographs provided by the holder of a license; and

A person described in subsection 1 may take X-ray photographs as part of his or her employment or service as an independent contractor in a rural health clinic or federally-qualified health center that:

(a) Is located in a county whose population is less than 55,000; and

(b) Has established a quality assurance program for X-ray photographs that meets the requirements prescribed by regulation of the Division.

A person who performs computed tomography or fluoroscopy as part of his or her employment on January 1, 2020, may continue to perform any such activity on and after that date without complying with the requirements of NRS 653.630 or 653.640 , as applicable, if he or she:

(a) Registers with the Division in the form prescribed by the Division;

(b) Provides any information requested by the Division; and

As used in this section:

(a) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

(b) Rural health clinic has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).

(Added to NRS by 2019, 2729 )

NRS 653.910

NRS

653.910

Injunctive relief.

The Division or the Attorney General may maintain in any court of competent jurisdiction a suit to enjoin any person from violating a provision of this chapter or any regulations adopted pursuant thereto.
Such an injunction:

(a) May be issued without proof of actual damage sustained by any person as a preventive or punitive measure.

(b) Does not relieve any person from any other legal action.

(Added to NRS by 2019, 2732 )

NRS 656.370

NRS

656.370

Injunctive relief.

The Board may maintain in any court of competent jurisdiction an action for an injunction against any natural person or business entity who violates any provision of this chapter.
Such an injunction:

(a) May be issued without proof of actual damage sustained by any natural person or business entity.

(b) Does not relieve such natural person or business entity from any criminal prosecution for the same violation.

(Added to NRS by 2017, 2214 )

NRS 657.180

NRS

657.180

License to operate or manage: Additional requirements; fingerprints; grounds for refusal to issue license.

In addition to any other requirements set forth by specific statute, each person who applies for a license to operate a financial institution and each person who will serve as a director, officer, manager or member acting in a managerial capacity for such a financial institution must submit:

(a) Proof satisfactory to the Commissioner that the person:

(1) Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of the financial institution in a manner which protects the interests of the general public.

(2) Has not made a false statement of material fact on the application.

(3) Has not committed any of the acts specified in subsection 2.

(4) Has not had a license to operate a financial institution suspended or revoked within the 10 years immediately preceding the date of the application.

(5) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

(b) A complete set of his or her fingerprints and written permission authorizing the Division of Financial Institutions to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

In addition to any other lawful reasons, the Commissioner may refuse to issue a license to operate a financial institution if the person who applies for the license or any person who will serve as a director, officer, manager or member acting in a managerial capacity for the financial institution:

(a) Has committed or participated in any act which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.

(b) Has previously been refused a license to operate a financial institution or has had such a license suspended or revoked.

(c) Has participated in any act which was a basis for the refusal or revocation of a license to operate a financial institution.

(d) Has falsified any of the information submitted to the Commissioner in support of the application for the license.

(Added to NRS by 2005, 1841 )

NRS 659.085

NRS

659.085

Filing of statement regarding directors, managers and officers and proof of federal deposit insurance.

Before the banking corporation or company begins business, it shall file with the Commissioner:

A statement, under oath by the president or a manager, containing the names of all the directors, managers and officers, with the date of their election or appointment, terms of office, residences and post office address of each, the amount of stock of which each is the owner in good faith and the amount of money paid in on account of the stock, or the contribution made. Nothing may be received in payment of stock or contribution except money.
Proof that the bank is a member of the Federal Deposit Insurance Corporation.

(Added to NRS by 1971, 971 ; A 1983, 1728 ; 1987, 1903 ; 1995, 476 ; 1997, 978 )

NRS 659.095

NRS

659.095

Examination of affairs of bank by Commissioner; issuance of certificate authorizing commencement of business.

Upon filing of the statement and proof by the banking corporation or company as required by NRS 659.085 , the Commissioner shall examine its affairs, ascertain especially the amount of the initial stockholders or members equity, the name and place of residence of each director, the amount of stock of which each is the owner in good faith or the amount of his or her contribution, and whether the banking corporation or company has complied with all the provisions of law required to entitle it to engage in business.
If upon the examination the Commissioner finds that the banking corporation or company is lawfully entitled to commence business, the Commissioner shall give to it a certificate signed by the Commissioner that it has complied with all the provisions of law required before commencing business and that it is authorized to commence business.

(Added to NRS by 1971, 971 ; A 1983, 1728 ; 1987, 1904 ; 1995, 477 ; 1997, 979 )

NRS 665.105

NRS

665.105

Reports to Commissioner: General requirements.

Every bank shall make at least four reports each year to the Commissioner at the same times and substantially in the form of similar reports required by the Comptroller of the Currency, the Federal Reserve Bank or the Federal Deposit Insurance Corporation.
The bank shall make additional reports within 10 days after the receipt of a request therefor from the Commissioner.
The reports must be prepared by the cashier or by any competent person approved by the Commissioner and be verified by the oath or affirmation of the president or vice president, or a manager, and the cashier, the person by whom the reports were prepared, and by at least three of the directors or two other managers.
Each report must:

(a) Exhibit in detail, and under the appropriate heads, the resources and liabilities and a profit and loss account of the bank at the close of business on any past day specified by the Commissioner.

(b) Be published in condensed form, according to the requirements of the Commissioner, within 10 days after the report is made, in a newspaper published in the county in which the bank is established, for one insertion, at the expense of the bank. Such proof of publication must be furnished within 5 days after the date of publication as may be required by the Commissioner.

The Commissioner may call for special reports, which need not be published, from any bank whenever, in the Commissioners judgment, the reports are necessary in order to gain complete knowledge of its condition.

(Added to NRS by 1971, 996 ; A 1983, 272 , 1746 ;

1987, 1922 ; 1995, 489 )

NRS 665.115

NRS

665.115

Penalties for failure to make reports; collection of penalties by civil actions; disposition of money collected.

Every bank which fails to make and transmit or to publish any report required under chapters 657 to 671 , inclusive, of NRS is subject to a penalty of $50 for each day after the period mentioned in NRS 665.105 that it delays to make and transmit its report or proof of publication.
Whenever any bank delays or refuses to pay the penalty imposed in this section for a failure to make and transmit or to publish a report, the Commissioner may maintain an action, in the name of the State, against the delinquent bank for the recovery of such penalty. All sums collected by such action must be paid into the State Permanent School Fund.

(Added to NRS by 1971, 996 ; A 1983, 1747 )

MISCELLANEOUS PROVISIONS

NRS 669.080

NRS

669.080

Applicability of chapter.

This chapter does not apply to a person who:

(a) Does business under the laws of this State, the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies, but if the trust company business conducted in this State is not subject to supervision by a regulatory authority of another jurisdiction, the person must be licensed pursuant to this chapter before engaging in such business in this State;

(b) Is appointed as a fiduciary pursuant to NRS 662.245 ;

(d) Acts as a trustee under a deed of trust;

(e) Acts as a registered agent for a domestic or foreign corporation, limited-liability company, limited partnership or limited-liability partnership;

(f) Acts as a trustee of a trust holding real property for the primary purpose of facilitating any transaction with respect to real estate if he or she is not regularly engaged in the business of acting as a trustee for such trusts;

(g) Engages in the business of a collection agency pursuant to chapter 649 of NRS;

(h) Engages in the business of an escrow agency, escrow agent or escrow officer pursuant to the provisions of chapter 645A or 692A

of NRS;

(i) Acts as a trustee of a trust created for charitable or nonprofit purposes if he or she is not regularly engaged in the business of acting as trustee for such trusts;

(j) Receives money or other property as a real estate broker licensed under chapter 645 of NRS on behalf of a principal;

(k) Engages in transactions as a broker-dealer or sales representative pursuant to chapter 90 of NRS;

(l) Acts as a fiduciary under a court trust;

(m) Does business as an insurer authorized to issue policies of life insurance and annuities or endowment contracts in this State and is subject to regulation and control of the Commissioner of Insurance;

(n) Acts as a fiduciary as an individual;

(o) Acts as a family trust company, unless the family trust company is licensed under this chapter. A family trust company which is not licensed under the provisions of this chapter shall be deemed not to be engaged in trust company business for the purposes of this chapter; or

(p) Except as otherwise provided in chapter 669A of NRS, is a family trust company, as defined in NRS 669A.080 .

A bank, savings bank, savings and loan association or thrift company claiming an exemption from this chapter pursuant to paragraph (a) of subsection 1 must notify the Commissioner of Financial Institutions of its intention to engage in the business of a trust company in this State and present proof satisfactory to the Commissioner of Financial Institutions that its fiduciary activities in this State will be subject to regulation by another jurisdiction.

(Added to NRS by 1969, 1184 ; A 1981, 339 ; 1999, 843 ; 2007, 2725 ; 2009, 1146 , 1956 )

ORGANIZATION AND LICENSING

NRS 669.092

NRS

669.092

Unlawful for retail trust company to engage in business at office outside Nevada without prior approval.

It is unlawful for any retail trust company licensed in this State to engage in trust company business at any office outside this State without the prior approval of the Commissioner.
Before the Commissioner will approve a branch to be located in another state, the retail trust company must:

(a) Obtain from that state a license as a trust company; or

(b) Provide proof satisfactory to the Commissioner that the retail trust company has met all the requirements to do business as a trust company at an office in that state, including, without limitation, written documentation from the appropriate state agency that the retail trust company is authorized to do business in that state.

(Added to NRS by 2009, 1952 ; A 2011, 2593 )

NRS 669.160

NRS

669.160

Investigation of applicant; rights of applicant upon denial of license; entry of final order; judicial review.

Within 90 days after the application for a license is filed, the Commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:

(a) That the persons who will serve as directors or officers of the corporation, or the managers or members acting in a managerial capacity of the limited-liability company, as applicable:

(1) Have a good reputation for honesty, trustworthiness and integrity and display competence to transact the business of a trust company in a manner which safeguards the interests of the general public. The applicant must submit satisfactory proof of these qualifications to the Commissioner.

(2) Have not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

(3) Have not made a false statement of material fact on the application.

(4) Have not been an officer or member of the board of directors for an entity which had a license issued pursuant to the provisions of this chapter that was suspended or revoked within the 10 years immediately preceding the date of the application, and in the reasonable judgment of the Commissioner, there is evidence that the officer or member of the board of directors materially contributed to the actions resulting in the license suspension or revocation.

(5) Have not been an officer or member of the board of directors for a company which had a license as a trust company which was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of the application, and in the reasonable judgment of the Commissioner, there is evidence that the officer or member of the board of directors materially contributed to the actions resulting in the license suspension or revocation.

(6) Have not violated any of the provisions of this chapter or any regulation adopted pursuant to the provisions of this chapter.

(b) That the financial status of the directors and officers of the corporation or the managers or members acting in a managerial capacity of the limited-liability company is consistent with their responsibilities and duties.

(d) That the initial stockholders equity is not less than the required minimum.

(e) That the applicant has retained the employee required by paragraph (b) of subsection 2 of NRS 669.083 .

After an investigation by the Commissioner pursuant to subsection 1, if the Commissioner finds any defect or deficiency in an application for licensure which would constitute grounds for denial of the application, written notice of such grounds for denial must be served personally or sent by certified mail to the applicant. The Commissioner shall allow the applicant an opportunity to cure any defect or deficiency in the application and, not later than 30 days after receipt of the notice of denial, to resubmit the application for approval.
If a defect or deficiency in an application is not cured pursuant to subsection 2, written notice of the entry of an order refusing a license to a trust company must be served personally or sent by certified mail to the company affected. The company, upon application, is entitled to a hearing before the Commissioner, but if no such application is made within 30 days after the entry of an order refusing a license to any company, the Commissioner shall enter a final order.
The order of the Commissioner is final for the purposes of judicial review.

(Added to NRS by 1969, 1186 ; A 1983, 1760 ; 1987, 1945 ; 1997, 1008 ; 1999, 846 ; 2003, 985 ; 2005, 1850 ; 2009, 1958 ; 2011, 2594 )

NRS 672.282

NRS

672.282

Application for license: Additional requirements; fingerprints; grounds for refusal to issue license.

In addition to any other requirements set forth in this chapter, each applicant must submit:

(a) Proof satisfactory to the Commissioner that the applicant:

(1) Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business for which the applicant seeks to be licensed in a manner which protects the interests of the general public.

(2) Has not made a false statement of material fact on the application for the license.

(3) Has not committed any of the acts specified in subsection 2.

(4) Has not had a license issued pursuant to this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

(5) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

(b) A complete set of his or her fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant if the applicant:

(a) Has committed or participated in any act which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.

(b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.

(d) Has falsified any of the information submitted to the Commissioner in support of the application for the license.

(Added to NRS by 2005, 1889 )

NRS 672.810

NRS

672.810

Conversions; fee set by regulation.

A credit union chartered in accordance with the laws of this state may be converted to a credit union chartered in accordance with the laws of any other state or the laws of the United States, subject to regulations adopted by the Commissioner.
A credit union chartered in accordance with the laws of the United States or of any other state may convert to a credit union chartered in accordance with the laws of this state. To effect such a conversion, a credit union must comply with all the requirements of the authority under which it was originally chartered and the requirements of the Commissioner and file proof of such compliance with the Commissioner.
Every application for permission to convert to a credit union chartered in accordance with the laws of this state must be accompanied by an application fee in an amount prescribed by regulation of the Commissioner. The applicant shall also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary. All money received by the Commissioner pursuant to this subsection must be placed in the Investigative Account created by NRS 232.545 .

(Added to NRS by 1975, 393 ; A 1983, 1329 , 1838 ;

1987, 2022 ; 1991, 1818 )

DISSOLUTION AND LIQUIDATION

NRS 673.046

NRS

673.046

Application for license: Additional requirements; fingerprints; grounds for refusal to issue license.

In addition to any other requirements set forth in this chapter, each applicant must submit:

(a) Proof satisfactory to the Commissioner that the applicant:

(2) Has not made a false statement of material fact on the application for the license.

(3) Has not committed any of the acts specified in subsection 2.

(4) Has not had a license issued pursuant to this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

(5) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant if the applicant:

(a) Has committed or participated in any act which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.

(b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.

(d) Has falsified any of the information submitted to the Commissioner in support of the application for the license.

(Added to NRS by 2005, 1873 )

NRS 673.111

NRS

673.111

Required filings before savings bank begins business: Statement concerning directors, managers and officers; proof of approval of Federal Deposit Insurance Corporation to insure its deposit accounts.

Before a savings bank begins business, the savings bank must file with the Commissioner:

A statement, under oath by the president or a manager, containing the names of all the directors, managers and officers, with the date of their election or appointment, terms of office, primary residence and post office address of each, the amount of stock of which each is the owner in good faith and the amount of money paid in on account of the stock, or the contribution made. Nothing may be received in payment of stock or contribution except money.
Proof that the savings bank has obtained the approval of the Federal Deposit Insurance Corporation to insure its deposit accounts.

(Added to NRS by 2017, 1915 )

NRS 673.610

NRS

673.610

Notice of stockholders meeting: Service and proof of service.

A meeting of the stockholders shall be held upon not less than 10 days written notice to each stockholder, served either personally or by mail, postage prepaid, directed to him or her at his or her last known post office address and containing a statement of the time, place and the purpose for which the meeting is called.
Proof by affidavit of due service of the notice shall be filed in the office of the corporation before or at the time of the meeting.

[Part 1:60:1935; 1931 NCL § 973.01]—(NRS A 1977, 503 )

NRS 675.095

NRS

675.095

Application for license: Additional requirements; grounds for refusal to issue license.

In addition to any other requirements set forth in this chapter, each applicant must submit proof satisfactory to the Commissioner that the applicant:

(a) Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business for which the applicant seeks to be licensed in a manner which protects the interests of the general public.

(b) Has not made a false statement of material fact on the application for the license.

(d) Has not had a license issued pursuant to this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

(e) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

(f) If the applicant is a natural person:

(1) Is at least 21 years of age; and

(2) Is a citizen of the United States or lawfully entitled to remain and work in the United States.

In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant if the applicant:

(a) Has committed or participated in any act which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.

(b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.

(d) Has falsified any of the information submitted to the Commissioner in support of the application for the license.

(Added to NRS by 2005, 1880 ; A 2021, 2038 )

NRS 677.373

NRS

677.373

Application for license: Additional requirements; fingerprints; grounds for refusal to issue license.

In addition to any other requirements set forth in this chapter, each applicant must submit:

(a) Proof satisfactory to the Commissioner that the applicant:

(2) Has not made a false statement of material fact on the application for the license.

(3) Has not committed any of the acts specified in subsection 2.

(4) Has not had a license issued pursuant to this chapter suspended or revoked within the 10 years immediately preceding the date of the application.

(5) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant if the applicant:

(a) Has committed or participated in any act which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.

(b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.

(d) Has falsified any of the information submitted to the Commissioner in support of the application for the license.

(Added to NRS by 2005, 1886 )

NRS 69.010

NRS

69.010

Security for costs.

The justice may in all cases require a deposit of money to cover costs of court before issuing the summons.
When the plaintiff in an action is a nonresident of the State of Nevada, or a foreign corporation, upon motion of the opposite party at any time before final judgment such nonresident shall be required to give security for all costs and charges that may be awarded against the nonresident plaintiff. When such security shall be required from a nonresident plaintiff all proceedings in the action shall be stayed until an undertaking executed by two or more persons and approved by the justice shall be filed with the justice to the effect that they will pay such costs and charges as may be awarded against such nonresident plaintiff by judgment or during the progress of the action. The undertaking shall be in a sum not less than $100, or in lieu of the undertaking the nonresident plaintiff may deposit $100 in lawful money with the justice, which shall be held subject to the conditions mentioned in this section for the undertaking. When such security shall be ordered from a nonresident plaintiff, it shall be furnished within 30 days from notice of the order, or upon failure to furnish such security, judgment shall be entered for the defendant.
A new or additional undertaking or deposit of cash may be ordered by the justice at any time upon proof that the original undertaking or deposit is insufficient and proceedings stayed for a nonresident plaintiff until the same be furnished or judgment entered. After the lapse of 30 days from notice to a nonresident plaintiff that security has been ordered as required by this subsection and upon proof that no such undertaking or deposit of cash has been made, the justice shall enter judgment against such plaintiff.

[1911 CPA § 870; A 1917, 424 ; NCL § 9359]

NRS 697.177

NRS

697.177

Bail enforcement agent: Basic course of training; temporary license.

Except as otherwise provided in this section, an applicant for a license as a bail enforcement agent must satisfactorily complete a basic course of training for bail enforcement agents that is approved by the Commissioner.
The basic course of training must consist of at least 80 hours of training which includes instruction in:

(a) The following areas of the law:

(1) Constitutional law;

(2) Procedures for arresting defendants and surrendering defendants into custody;

(3) Civil liability;

(4) The civil rights of persons who are detained in custody;

(5) The use of force; and

(6) The history and principles of bail;

(b) Procedures for field operations, including, without limitation:

(1) Safety and survival techniques;

(2) Searching buildings;

(3) Handling persons with mental illness or who are under the influence of alcohol or a controlled substance; and

(4) The care and custody of prisoners;

(1) Writing reports, completing forms and procedures for exoneration;

(2) Methods of arrest;

(3) Nonlethal weapons;

(4) The retention of weapons;

(5) Qualifications for the use of firearms; and

(6) Defensive tactics;

(d) Principles of investigation, including, without limitation:

(1) The basic principles of locating defendants who have not complied with the terms and conditions established by a court for their release from custody or the terms and conditions of a contract entered into with a surety; and

(2) Ethics; and

(e) The following subjects:

(1) Demeanor in a courtroom;

(2) First aid used in emergencies; and

(3) Cardiopulmonary resuscitation.

Ê An applicant may complete the 80 hours of training required by this subsection by completing 16 hours of training each weekend for 5 weeks.

In lieu of completing the basic course of training required by subsection 1, an applicant may submit proof to the Commissioner that the applicant has completed a course of training required by a municipal, state or federal law enforcement agency or a branch of the Armed Forces to carry out the duties of a peace officer.
An applicant for a license as a bail enforcement agent must complete the training required by this section within 9 months after the date the applicant is employed by a bail agent as a bail enforcement agent. The Commissioner shall issue a temporary license to an applicant who has not completed the training if the applicant is otherwise qualified to be issued a license as a bail enforcement agent. The temporary license:

(a) Authorizes the person to whom it is issued to act as a bail enforcement agent while employed by a licensed bail agent.

(b) Is valid for 9 months or until the person to whom it is issued completes the training required by this section, whichever occurs first.

(Added to NRS by 1997, 3380 )

NRS 697.183

NRS

697.183

Application for license as resident bail agent: Additional documentation.

An application for a license as a bail agent, other than an application for a nonresident license as a bail agent, must be accompanied by:

Proof of the completion of a 6-hour course of instruction in bail bonds that is:

(a) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and

(b) Approved by the Commissioner.

A written appointment by an authorized insurer as agent for bail bonds, subject to the issuance of the license.
A letter from a local law enforcement agency in the applicants county of residence which indicates that the applicant:

(a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and

(b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

(Added to NRS by 1997, 3382 ; A 2023, 2649 )

NRS 697.184

NRS

697.184

Application for license as general agent: Additional documentation.

An application for a license as a general agent must be accompanied by:

(a) Proof of the completion of a 6-hour course of instruction in bail bonds that is:

(1) Offered by a state or national organization of bail agents or another organization that administers training programs for general agents; and

(2) Approved by the Commissioner.

(b) A written appointment by an authorized insurer as general agent, subject to the issuance of the license.

(c) A letter from a local law enforcement agency in the applicants county of residence which indicates that the applicant:

(1) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and

(2) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

(d) A copy of the contract or agreement that authorizes the general agent to act as general agent for the insurer.

(e) Any other information the Commissioner may require.

If the applicant for a license as a general agent is a firm or corporation:

(a) The applicant must designate a natural person who is a licensed general agent and who is authorized to transact business on behalf of the firm or corporation to be responsible for the compliance of the firm or corporation with the insurance laws, rules and regulations of this State; and

(b) The application must include the names of the members, officers and directors and identify the natural person designated pursuant to paragraph (a).

(Added to NRS by 1997, 3382 ; A 1999, 2819 ; 2023, 2649 )

NRS 697.185

NRS

697.185

Application for license as bail solicitor: Additional documentation.

An application for a license as a bail solicitor must be accompanied by:

Proof of the completion of a 6-hour course of instruction in bail bonds that is:

(a) Offered by a state or national organization of bail agents or another organization that administers training programs for bail solicitors; and

(b) Approved by the Commissioner.

A sponsorship by a licensed bail agent and a statement by the agent that the agent will exercise reasonable supervision over the conduct of the applicant and be responsible for the applicants conduct in the bail bond business.
A letter from a local law enforcement agency in the applicants county of residence which indicates that the applicant:

(a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and

(b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

(Added to NRS by 1997, 3382 ; A 2023, 2650 )

NRS 697.186

NRS

697.186

Application for license as bail enforcement agent: Additional documentation.

An application for a license as a bail enforcement agent must be accompanied by:

Proof of compliance with the requirements set forth in NRS 697.173 .
A letter from a local law enforcement agency in the applicants county of residence which indicates that the applicant:

(a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and

(b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

(Added to NRS by 1997, 3383 )

NRS 697.215

NRS

697.215

Issuance of nonresident license as bail agent; verification of licensing status; requirement to maintain resident license in home state; termination.

The Commissioner shall issue a nonresident license as a bail agent to a nonresident person if:

(a) The person is currently licensed and in good standing as a bail agent in the resident or home state of the person;

(b) The person has submitted the proper request for licensure and has paid all fees required pursuant to NRS 680B.010 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110 ;

(d) The person satisfies the requirements specified in subsection 2 of NRS 697.150 ; and

(e) The home state of the person awards nonresident licenses as a bail agent to persons of this State on the same basis.

The Commissioner may verify the licensing status of the nonresident person:

(a) Through any appropriate database, including, without limitation, the Producer Database maintained by the National Insurance Producer Registry or its affiliates or subsidiaries;

(b) By requesting that the nonresident person submit proof that the nonresident person is licensed and in good standing in the persons home state as a bail agent; or

As a condition to the continuation of a nonresident license as a bail agent, the nonresident bail agent shall maintain a resident license as a bail agent in the home state of the bail agent. A nonresident license as a bail agent issued under this section must be terminated and surrendered immediately to the Commissioner if the resident license as a bail agent in the home state is terminated for any reason, unless:

(a) The termination is due to the nonresident bail agent being issued a new resident license as a bail agent in a new home state; and

(b) The new resident license as a bail agent is from a state that has reciprocity with this State.

The Commissioner shall give notice of the termination of a resident license as a bail agent within 30 days after the date of the termination to any states that issued a nonresident license as a bail agent to the holder of the resident license. If the resident license as a bail agent was terminated because of a change in the home state of the bail agent, the notice must include both the previous and current address of the bail agent.
The Commissioner shall terminate a nonresident license as a bail agent issued pursuant to this section if the bail agent establishes legal residency in this State and fails to apply for a resident license as a bail agent within 90 days after establishing legal residency.

(Added to NRS by 2023, 2646 )

NRS 697.230

NRS

697.230

Period of validity; expiration and renewal of license; fees; termination of license of general agent; exceptions. [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.]

Except as otherwise provided in NRS 697.177 , each license issued to or renewed for a general agent, bail agent, bail enforcement agent or bail solicitor 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 on or before the renewal date for the license. All applicable fees must be accompanied by:

(a) Except as otherwise provided in subsection 6, proof that the licensee has completed a 3-hour program of continuing education that is:

(1) Offered by the authorized surety

insurer from whom the licensee received written appointment, if any, a state or national organization of bail agents or another organization that administers training programs for general agents, bail agents, bail enforcement agents or bail solicitors; and

(2) Approved by the Commissioner;

(b) If the licensee is a natural person, the statement required pursuant to NRS 697.181 ; and

(1) By the licensee in the case of the renewal of a license as a general agent, bail enforcement agent or bail agent.

(2) By the bail solicitor and the bail agent who employs the solicitor in the case of the renewal of a license as a bail solicitor.

Any license that is not renewed on or before the renewal date for the license expires on the renewal date. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the date of expiration 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, if the person requesting renewal is a natural person, the statement required pursuant to NRS 697.181 .
A bail agents license continues in force while there is in effect an appointment of him or her as a bail agent of one or more authorized insurers. Upon termination of all the bail agents appointments and the bail agents failure to replace any appointment within 30 days thereafter, the bail agents license expires and the bail agent shall promptly deliver his or her license to the Commissioner.
The Commissioner shall terminate the license of a general agent for a particular insurer upon a written request by the insurer.
This section does not apply to temporary licenses issued under NRS 683A.311 or 697.177 .
The provisions of paragraph (a) of subsection 1 do not apply to a person who:

(a) Holds a nonresident license as a bail agent; and

(b) Has met the continuing education requirements of his or her home state.

As used in this section, renewal date means:

(a) For the first renewal of the license, the last day of the month which is 3 years after the month in which the Commissioner originally issued the license.

(b) For each renewal after the first renewal of the license, the last day of the month which is 3 years after the month in which the license was last due to be renewed.

(Added to NRS by 1971, 1911 ; A 1981, 1810 ; 1987, 473 ; 1997, 2209 , 3387 ;

1999, 520 ; 2001, 2253 ; 2009, 1824 ; 2021, 3000 ; 2023, 2651 )

NRS

697.230

Period of validity; expiration and renewal of license; fees; termination of license of general agent; exceptions. [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.]

Except as otherwise provided in NRS 697.177 , each license issued to or renewed for a general agent, bail agent, bail enforcement agent or bail solicitor 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 on or before the renewal date for the license. All applicable fees must be accompanied by:

(a) Except as otherwise provided in subsection 6, proof that the licensee has completed a 3-hour program of continuing education that is:

(1) Offered by the authorized surety insurer from whom the licensee received written appointment, if any, a state or national organization of bail agents or another organization that administers training programs for general agents, bail agents, bail enforcement agents or bail solicitors; and

(2) Approved by the Commissioner; and

(b) A written request for renewal of the license. The request must be made and signed:

(1) By the licensee in the case of the renewal of a license as a general agent, bail enforcement agent or bail agent.

(2) By the bail solicitor and the bail agent who employs the solicitor in the case of the renewal of a license as a bail solicitor.

Any license that is not renewed on or before the renewal date for the license expires on the renewal date. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the date of expiration 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 .
A bail agents license continues in force while there is in effect an appointment of him or her as a bail agent of one or more authorized insurers. Upon termination of all the bail agents appointments and the bail agents failure to replace any appointment within 30 days thereafter, the bail agents license expires and the bail agent shall promptly deliver his or her license to the Commissioner.
The Commissioner shall terminate the license of a general agent for a particular insurer upon a written request by the insurer.
This section does not apply to temporary licenses issued under NRS 683A.311 or 697.177 .
The provisions of paragraph (a) of subsection 1 do not apply to a person who:

(a) Holds a nonresident license as a bail agent; and

(b) Has met the continuing education requirements of his or her home state.

As used in this section, renewal date means:

(a) For the first renewal of the license, the last day of the month which is 3 years after the month in which the Commissioner originally issued the license.

(b) For each renewal after the first renewal of the license, the last day of the month which is 3 years after the month in which the license was last due to be renewed.

(Added to NRS by 1971, 1911 ; A 1981, 1810 ; 1987, 473 ; 1997, 2209 , 3387 ;

2001, 2253 ; 2009, 1824 ; 2021, 3000 ; 2023, 2651 , 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 697.250

NRS

697.250

Bail agent and bail solicitor: Termination of sponsorship.

An insurer may terminate a sponsorship at any time. The insurer shall promptly give written notice of termination and the effective date thereof to the Commissioner, on forms furnished by the Commissioner, and to the bail agent if reasonably possible. The Commissioner may require of the insurer reasonable proof that the insurer has also given such a notice to the agent if reasonably possible.
Accompanying each notice of termination given to the Commissioner, the insurer shall file with the Commissioner a statement of the cause, if any, for the termination. Any information or documents so disclosed to the Commissioner shall be deemed an absolutely privileged communication, and the information or documents are not admissible as evidence in any action or proceedings unless their use as evidence is permitted by the insurer in writing.
A bail agent terminating the sponsorship and license as such of a bail solicitor shall give notice of termination in the manner prescribed by subsections 1 and 2. Any information or documents disclosed to the Commissioner shall be deemed an absolutely privileged communication, unless the privilege is waived in writing by the bail agent.
No agreement between an insurer and a bail agent or between an employing bail agent and a licensed bail solicitor affects the Commissioners termination of the sponsorship or license if the termination is requested by the insurer or the employing bail agent, as the case may be.

(Added to NRS by 1971, 1912 ; A 1981, 1812 ; 1997, 3388 ; 2023, 2652 )

NRS 701.220

NRS

701.220

Adoption of regulations for energy conservation in buildings; exemptions; applicability and enforcement; certain design professionals not subject to disciplinary action under certain circumstances; procedures for adoption.

The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Except as otherwise provided in subsection 5, such regulations must include the adoption of the most recent version of the International Energy Conservation Code , issued by the International Code Council, and any amendments to the Code

that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code , and must establish the minimum standards for:

(a) The construction of floors, walls, ceilings and roofs;

(b) The equipment and systems for heating, ventilation and air-conditioning;

(d) Insulation; and

(e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code , and any amendments thereto, every third year.

The Director may exempt a building from a standard if the Director determines that application of the standard to the building would not accomplish the purpose of the regulations.
The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.
The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

(a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

(b) Except as otherwise provided in subsection 5, may adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

The Director or the governing body of a local government shall not adopt a standard which mandates a requirement for air changes per hour that is outside the following ranges:

(a) Less than 4 1/2 or more than 7 air changes per hour for an attached residence or any residence for which fire sprinklers are installed; or

(b) Less than 4 or more than 7 air changes per hour for any residence other than a residence described in paragraph (a).

A design professional who complies with the standards adopted by the Director or the governing body of a local government pursuant to this section is not subject to disciplinary action by the State Board of Architecture, Interior Design and Residential Design pursuant to paragraph (f) of subsection 1 of NRS 623.270 or the State Board of Professional Engineers and Land Surveyors pursuant to NRS 625.410 .
Nothing in this section shall be deemed to prohibit the Director or the governing body of a local government from approving and implementing a program for the purpose of increasing energy efficiency in new residential construction through the use of sample inspections.
The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

(a) Persons in the business of constructing and selling homes;

(b) Contractors;

(d) Local building officials; and

(e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days notice of each hearing, before the Director may adopt any regulations pursuant to this section.

As used in this section, design professional means a person who holds a professional license or certificate issued pursuant to chapter 623 or 625 of NRS.

(Added to NRS by 1985, 1794 ; A 2001, 1251 , 3266 ;

2003, 32 ; 2005, 22nd Special Session, 76 ; 2009, 986 , 1375 ;

2011, 2059 ; 2015, 2147 )

NRS 701.742

NRS

701.742

Impact-resistant fluorescent lamp defined.

Impact-resistant fluorescent lamp means a fluorescent lamp that:

Is not a compact fluorescent lamp;
Has a coating or equivalent technology that is compliant with Standard No. 51 of the American National Standards Institute and is designed to contain the glass if the glass envelope of the lamp is broken; and
Is designated and marketed for the intended application with:

(a) The designation on the lamp packaging; and

(b) Marketing materials that identify the lamp as being impact-resistant, shatter-resistant, shatterproof or shatter-protected.

(Added to NRS by 2021, 2200 )

NRS 703.023

NRS

703.023

Seal.

The Commission shall have a seal upon which must be the words Public Utilities Commission of Nevada, by which the Commission shall authenticate its proceedings and orders. All papers made under the seal must be admitted in evidence without further authenticity or proof.

[Part 6:109:1919; 1919 RL p. 3155; NCL § 6105]—(NRS A

1997, 1882 )

ORGANIZATION AND FINANCIAL ADMINISTRATION

NRS 703.373

NRS

703.373

Judicial review: Petition; participation of Commission and parties of record; transmission of record; service and filing of memoranda; scope of review; burden of proof; precedence of action; grounds for setting aside decision of Commission.

Any party of record to a proceeding before the Commission is entitled to judicial review of the final decision upon the exhaustion of all administrative remedies by the party of record seeking judicial review.
Proceedings for review may be instituted by filing a petition for judicial review in the District Court in and for Carson City, in and for the county in which the party of record seeking judicial review resides, or in and for the county where the act on which the proceeding is based occurred.
A petition for judicial review must be filed within 30 days after final action by the Commission on reconsideration or rehearing, or if the Commission takes no action on reconsideration or rehearing, within 30 days after the date on which reconsideration or rehearing is deemed denied. Copies of the petition for judicial review must be served upon the Commission and all other parties of record.
The Commission shall participate in the judicial review. Any party of record desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the Commission and every party within 15 days after service of the petition for judicial review.
Within 30 days after the service of the petition for judicial review or such time as is allowed by the court, the Commission shall transmit to the reviewing court a certified copy of the entire record of the proceeding under review, including a transcript of the evidence resulting in the final decision of the Commission. The record may be shortened by stipulation of the parties to the proceedings.
A petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 30 days after the Commission gives written notice to the parties that the record of the proceeding under review has been filed with the court.
The Commission and any other respondents shall serve and file a reply memorandum of points and authorities within 30 days after service of the memorandum of points and authorities. Upon service and filing of the reply memorandum by the Commission and any other respondents:

(a) No further memoranda may be filed; and

(b) The parties must be ready for a hearing upon 20 days notice.

Judicial review of a final decision of the Commission must be:

(a) Conducted by the court without a jury; and

(b) Confined to the record.

Ê In cases concerning alleged irregularities in procedure before the Commission that are not shown in the record, the court may receive evidence concerning the irregularities.

The final decision of the Commission shall be deemed reasonable and lawful until reversed or set aside in whole or in part by the court. The burden of proof is on the petitioner to show that the final decision is invalid pursuant to subsection 11.
All actions brought under this section have precedence over any civil action of a different nature pending in the court.
The court shall not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the Commission or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the Commission is:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the Commission;

(d) Affected by other error of law;

(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

(f) Arbitrary or capricious or characterized by abuse of discretion.

(Added to NRS by 1983, 965 ; A 2011, 938 ; 2021, 677 )

NRS 703.374

NRS

703.374

Judicial review: Requirements for injunction; burden of proof; filing bond to place into effect proposed changes in schedule of rates.

A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the Commission if:

(a) The applicant has filed a motion for a preliminary injunction;

(b) The applicant has served the motion on the Commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;

(c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and

(d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.

The decision of the Commission on each matter considered shall be deemed reasonable and just until set aside by the court. In all actions for an injunction or for any other relief, the burden of proof is upon the party attacking or resisting the order of the Commission to show by clear and satisfactory evidence that the order is unlawful or unreasonable.
If an injunction is granted by the court and the order complained of is one which:

(a) Disapproves a public utilitys proposed changes in a schedule of rates, or any part thereof, pursuant to NRS 704.061 to 704.110 , inclusive; or

(b) Otherwise prevents the proposed changes in the schedule, or any part thereof, from taking effect,

Ê the public utility complaining may place into effect the proposed changes in the schedule, or any part thereof, pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the proposed changes in the schedule, or any part thereof, are finally determined by the court to be excessive.

(Added to NRS by 1983, 965 ; A 1995, 2607 ; 1997, 1887 , 2666 ;

1999, 492 ; 2001, 3241 ; 2013, 739 )

NRS 704.100

NRS

704.100

Procedure for changing schedule: Approval of Commission required; filing application or letter of advice; quarterly rate adjustments for certain utilities; posting proposed, new and amended schedules; limitation on use of certain information to justify rate increase; power of Commission to dispense with hearing in certain matters; request for certain waiver by small-scale provider of last resort.

Except as otherwise provided in NRS 704.075 , 704.68861 to 704.68887 , inclusive, 704.7865 and 704.7867 , or as may otherwise be provided by the Commission pursuant to NRS 704.095 ,

704.097 or 704.7621 :

(a) A public utility shall not make changes in any schedule, unless the public utility:

(1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110 ; or

(2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of paragraph (f) or (g).

(b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utilitys recorded costs of natural gas purchased for resale.

(c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS 704.187 , adjust its rates on a quarterly basis pursuant to subsection 10 of NRS 704.110 .

(d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.

(e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.

(f) Except as otherwise provided in paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue in an amount that does not exceed $15,000:

(1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and

(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

Ê A letter of advice filed pursuant to this paragraph must include a certification by the attorney for the public utility or an affidavit by an authorized representative of the public utility that to the best of the signatorys knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the public utility in an amount that exceeds $15,000.

(g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue in an amount that does not exceed $50,000 or 10 percent of the applicants annual gross operating revenue, whichever is less:

(1) The small-scale provider of last resort may file the proposed change with the Commission using a letter of advice in lieu of filing an application if the small-scale provider of last resort:

(I) Includes with the letter of advice a certification by the attorney for the small-scale provider of last resort or an affidavit by an authorized representative of the small-scale provider of last resort that to the best of the signatorys knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the small-scale provider of last resort in an amount that exceeds $50,000 or 10 percent, whichever is less;

(II) Demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission; and

(III) Except as otherwise provided in subsection 2, files the letter of advice not later than 5 years after the Commission has issued a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110 ; and

(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

Ê Not later than 10 business days after the filing of a letter of advice pursuant to subparagraph (1), the Regulatory Operations Staff of the Commission or any other interested party may file with the Commission a request that the Commission order an applicant to file a general rate application in accordance with subsection 3 of NRS 704.110 . The Commission may hold a hearing to consider such a request.

(h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.

An applicant that is a small-scale provider of last resort may submit to the Commission a written request for a waiver of the 5-year period specified in sub-subparagraph (III) of subparagraph (1) of paragraph (g) of subsection 1. The Commission shall, not later than 90 days after receipt of such a request, issue an order approving or denying the request. The Commission may approve the request if the applicant provides proof satisfactory to the Commission that the applicant is not earning more than the rate of return authorized by the Commission and that it is in the public interest for the Commission to grant the request for a waiver. The Commission shall not approve a request for a waiver if the request is submitted later than 7 years after the issuance by the Commission of a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110 . If the Commission approves a request for a waiver submitted pursuant to this subsection, the applicant shall file the letter of advice pursuant to subparagraph (1) of paragraph (g) of subsection 1 not earlier than 120 days after the date on which the applicant submitted the request for a waiver pursuant to this subsection, unless the order issued by the Commission approving the request for a waiver specifies a different period for the filing of the letter of advice.
As used in this section, electric utility has the meaning ascribed to it in NRS 704.187 .

[14:109:1919; A 1933, 228 ; 1931 NCL § 6113]—(NRS A 1971, 1117 ; 1975, 1450 ; 1979, 1718 ; 1985, 636 , 1126 ;

1987, 653 , 1694 ;

1989, 1834 ; 2001, 3246 ; 2003, 3038 ; 2005, 1919 ; 2007, 696 , 2978 ;

2011, 385 ; 2013, 197 ; 2015, 280 ; 2019, 1191 , 2314 ;

2021, 3791 )

NRS 704.102

NRS

704.102

Procedure for changing schedule: No presumption that recorded expenses, investments or other costs included in application were prudently incurred; exception; burden of proof.

Except as otherwise provided in this chapter, when the Commission reviews an application to make changes in any schedule, there is no presumption that any recorded expenses, investments or other costs included in the application were prudently incurred, unless the Commission has previously determined that such expenses, investments or other costs were prudently incurred. The public utility has the burden of proving that an expense, investment or cost was reasonably and prudently incurred.

(Added to NRS by 2021, 3789 )

NRS 704.110

NRS

704.110

Procedure for changing schedule: Investigation by Commission; parties; time within which Commission must act; general rate application; other applications and rate adjustments; deferred energy accounting adjustments; recovery of costs to plan, construct, retire or eliminate certain facilities.

Except as otherwise provided in NRS 704.075 , 704.68861 to 704.68887 , inclusive, and 704.7865 , or as may otherwise be provided by the Commission pursuant to NRS 704.095 ,

704.097 or 704.7621 :

If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumers Advocate shall be deemed a party of record.
Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.
If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utilitys plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:

(a) An electric utility that primarily serves less densely populated counties shall file a general rate application:

(1) Not later than 5 p.m. on or before the first Monday in June 2019; and

(2) At least once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621 .

(b) An electric utility that primarily serves densely populated counties shall file a general rate application:

(1) Not later than 5 p.m. on or before the first Monday in June 2020; and

(2) At least once every 36 months thereafter or on a date specified in an alternative rate-making plan approved by the Commission pursuant to NRS 704.7621 .

(c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

(d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

Ê The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.

In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:

(a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

(b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.

If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.
If a public utility files with the Commission a general rate application, the public utility, or a public utility affiliated with the public utility through common ownership, shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility or its affiliate is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit a public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 10, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187 , if the public utility is otherwise authorized to so file by those provisions.
A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:

(a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 10; or

(b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis pursuant to subsection 8.

A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utilitys recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of a public utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas. If the balance of the public utilitys deferred account varies by less than 5 percent from the public utilitys annual recorded costs of natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per therm of natural gas.
If the Commission approves a request to make any rate adjustments on a quarterly basis pursuant to subsection 8:

(a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320

or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill or by electronic transmission pursuant to NRS 704.188 . The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice required by this paragraph:

(1) Must be printed separately, if included with the customers regular monthly bill, or the subject line of the electronic transmission must indicate that notice of a quarterly rate adjustment is included, if provided by electronic transmission pursuant to NRS 704.188 ; and

(2) Must include the following in clear and bold text:

(I) The total amount of the increase or decrease in the public utilitys revenues from the rate adjustment, stated in dollars and as a percentage;

(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;

(IV) A statement that the transactions and recorded costs of natural gas which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and

(V) Any other information required by the Commission.

(c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to

NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of natural gas included in each quarterly filing and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

(e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.

An electric utility shall adjust its rates on a quarterly basis based on changes in the electric utilitys recorded costs of purchased fuel or purchased power. In addition to adjusting its rates on a quarterly basis, an electric utility may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity. If the balance of the electric utilitys deferred account varies by less than 5 percent from the electric utilitys annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.
A quarterly rate adjustment filed pursuant to subsection 10 is subject to the following requirements:

(a) The electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy accounting adjustment must be made pursuant to an order issued by the Commission approving the application of an electric utility to make quarterly adjustments to its deferred energy accounting adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320

or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(b) The electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill or by electronic submission pursuant to NRS 704.188 . The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice required by this paragraph:

(2) Must include the following in clear and bold text:

(I) The total amount of the increase or decrease in the electric utilitys revenues from the rate adjustment, stated in dollars and as a percentage;

(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;

(IV) A statement that the transactions and recorded costs of purchased fuel or purchased power which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual deferred energy accounting adjustment application pursuant to paragraph (d); and

(V) Any other information required by the Commission.

(c) The electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069 .

(d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of purchased fuel and purchased power included in each quarterly filing and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.

(e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.

If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection 11 and

NRS 704.187 while a general rate application is pending, the electric utility shall:

(a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and

(b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto, or the retirement or elimination of a utility facility identified in an emissions reduction and capacity replacement plan submitted pursuant to NRS 704.7316

and accepted by the Commission for retirement or elimination pursuant to NRS 704.751 and the regulations adopted pursuant thereto, shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing, or retiring or eliminating, as applicable, such a facility. For the purposes of this subsection, a plan or an amendment to a plan shall be deemed to be accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the utility pursuant to NRS 704.751 .

In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:

(a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:

(1) Until a date determined by the Commission; and

(2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and

(b) Authorize a utility to implement a reduced rate for low-income residential customers.

The Commission may, upon request and for good cause shown, permit a public utility which purchases natural gas for resale or an electric utility to make a quarterly adjustment to its deferred energy accounting adjustment in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.
A public utility which purchases natural gas for resale or an electric utility that makes quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment. The Commission may approve an application submitted pursuant to this subsection if the Commission finds that approval of the application is in the public interest.
As used in this section:

(a) Deferred energy accounting adjustment means the rate of a public utility which purchases natural gas for resale or an electric utility that is calculated by dividing the balance of a deferred account during a specified period by the total therms or kilowatt-hours which have been sold in the geographical area to which the rate applies during the specified period, not including kilowatt-hours sold pursuant to an expanded solar access program established pursuant to NRS 704.7865 .

(b) Electric utility has the meaning ascribed to it in NRS 704.187 .

(c) Electric utility that primarily serves densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.

(d) Electric utility that primarily serves less densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 700,000 than it does from customers located in counties whose population is 700,000 or more.

[Part 14:109:1919; A 1933, 228 ; 1931 NCL § 6113]—(NRS A 1969, 998 ; 1975, 1451 , 1559 ;

1977, 482 ; 1979, 1106 , 1719 ;

1983, 240 ; 1985, 636 , 1127 ;

1989, 1012 , 1835 ;

1991, 776 ; 1997, 1908 ; 1999, 3261 ; 2001, 347 , 3247 ;

2003, 3039 ; 2005, 1277 , 1920 ;

2007, 490 , 545 ,

552 ,

697 ,

2979 ;

2009, 610 , 1394 ,

2471 ;

2011, 386 , 1302 ;

2013, 3077 ; 2015, 1087 ; 2019, 1193 , 2316 ;

2021, 412 ; 2023, 3030 )

NRS 704.305

NRS

704.305

Railroad crossings: Apportionment of costs of construction, reconstruction and protective devices; maintenance of surface.

The entire cost of a new grade crossing or a new grade separation, including any automatic protection devices that may be required, where no existing grade crossing located at or in the immediate vicinity of the new grade crossing or grade separation structure is eliminated, shall be apportioned to and borne by the governmental unit or units affected if a governmental unit initiates the proceeding, or by the railroad or railroads if the proceeding is initiated by a railroad.
Where a new grade separation will directly result in the elimination of an existing grade crossing located at or in the immediate vicinity of the grade separation or an existing grade separation is reconstructed, 13 percent of the cost shall be apportioned to and borne by the railroad or railroads and the remainder of the cost shall be apportioned to and borne by the governmental unit or units affected. If a grade separation structure provides either more highway lanes or space for more highway lanes than are in place on the existing highway grade crossing being eliminated, the railroad share of cost shall be limited to 13 percent of the cost of constructing a grade separation structure having the same number of highway lanes that were in place on the highway prior to construction of the grade separation structure.
Where automatic protection devices are added or materially altered, changed or improved at an existing grade crossing, 87 percent of the cost of such added, altered, changed or improved automatic protection devices shall be apportioned to and borne by the governmental unit or units affected and 13 percent of the cost shall be apportioned to and borne by the railroad or railroads.
The cost of maintaining any new, added or materially altered, changed or improved grade crossing automatic protection devices and appurtenances shall be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.
The maintenance of a new or reconstructed grade separation structure shall be performed by the governmental unit or units affected, and the cost thereof shall be apportioned to and be borne by the governmental unit or units affected, except that the maintenance of waterproofing, ballast, ties, tracks and other railroad equipment shall be performed by the railroad or railroads, and the cost of such maintenance shall be apportioned to and borne by the railroad or railroads.
The railroad shall maintain at its expense the surface of grade crossings to a distance of 2 feet on the outer side of each outermost rail, and such maintenance shall include, but is not limited to, the railroad roadbed, rails and all appurtenant facilities.
On projects where federal funds are used, apportionment and division of costs shall be in accordance with federal law and the rules, regulations and orders of the federal agency administering such law to the extent that such law, rule or regulations and orders require a different apportionment of costs than is set forth in this section. The provisions of this section may not otherwise be invoked on projects to the extent that such federal law, rules, regulations and orders are applicable.
The provisions of this section impose no limitation upon the right of governmental units or railroads to negotiate agreements apportioning costs. To the extent that costs are apportioned by such agreement, the Commission shall order that costs be apportioned and borne in the manner provided by such agreement.

(Added to NRS by 1971, 572 )

NRS 704.661

NRS

704.661

Certain public utilities furnishing water or sewage service required to submit resource plan for meeting demand made on system; contents of and procedure for approving or denying request for waiver from submission of resource plan; issuance of order by Commission accepting or modifying plan; recovery of certain costs and expenditures relating to plan; regulations.

Except as otherwise provided in this section, a public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, and which had an annual gross operating revenue of $1,000,000 or more for at least 1 year during the immediately preceding 3 years shall, on or before March 1 of every third year, in the manner specified by the Commission, submit a plan to the Commission to provide sufficient water or services for the disposal of sewage to satisfy the demand made on its system by its customers. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this subsection for either service.
A public utility may request a waiver from the requirements of subsection 1 by submitting such a request in writing to the Commission not later than 180 days before the date on which the plan is required to be submitted pursuant to subsection 1. A request for a waiver must include proof satisfactory that the public utility will not experience a significant increase in demand for its services or require the acquisition or construction of additional infrastructure to meet present or future demand during the 3-year period covered by the plan which the public utility would otherwise be required to submit pursuant to subsection 1.
The Commission shall, not later than 45 days after receiving a request for a waiver pursuant to subsection 2, issue an order approving or denying the request. The Commission shall not approve the request of a public utility for a waiver for consecutive 3-year periods.
The Commission:

(a) Shall adopt regulations to provide for the contents of and the method and schedule for preparing, submitting, reviewing and approving a plan submitted pursuant to subsection 1; and

(b) May adopt regulations relating to the submission of requests for waivers pursuant to subsection 2.

Not later than 180 days after a public utility has filed a plan pursuant to subsection 1, the Commission shall issue an order accepting or modifying the plan or specifying any portion of the plan it finds to be inadequate. If the Commission issues an order modifying the plan, the public utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.
If a plan submitted pursuant to subsection 1 and accepted by the Commission pursuant to subsection 5 and any regulations adopted pursuant to subsection 4 identifies a facility for acquisition or construction, the facility shall be deemed to be a prudent investment and the public utility may recover all just and reasonable costs of planning and constructing or acquiring the facility. For the purposes of this subsection, a plan shall be deemed to be accepted by the Commission only as to that portion of the plan accepted as filed or modified with the consent of the public utility pursuant to subsection 5.
All prudent and reasonable expenditures made by a public utility to develop a plan filed pursuant to subsection 1, including, without limitation, any environmental, engineering or other studies, must be recovered from the rates charged to the public utilitys customers.

(Added to NRS by 2007, 489 ; A 2009, 2476 ; 2013, 25 ; 2015, 1094 )

NRS 704.688795

NRS

704.688795

Requirements regarding inmate calling service: Filing of schedule or tariff with Commission for approval; schedule or tariff requirements; submission of revised schedule or tariff upon revision of rate cap or limitation by Commission.

Before providing an inmate calling service, a competitive supplier must file with the Commission, for its approval, a schedule or tariff that specifies the rates, pricing, terms and conditions applicable to the inmate calling service to be provided.
The Commission:

(a) Shall approve any schedule or tariff that specifies rates, pricing, terms and conditions that:

(1) Do not exceed a rate cap prescribed by the Commission; and

(2) Comply with any limitation prescribed by the Commission.

(b) May approve a schedule or tariff that specifies rates, pricing, terms and conditions that exceed a rate cap or fail to comply with a limitation prescribed by the Commission pursuant to the procedure for approval prescribed by regulations adopted by the Commission pursuant to NRS 704.6888 .

A competitive supplier that files with the Commission a schedule or tariff that exceeds a rate cap or fails to comply with a limitation prescribed by the Commission shall submit with the schedule or tariff:

(a) A statement that demonstrates that the rate cap or limitation is not a just or reasonable rate or limitation for the competitive supplier; and

(b) Proof that the competitive supplier participated in a public hearing conducted by the Commission for the purposes of establishing the rate cap or limitation.

A competitive supplier shall submit a revised schedule or tariff within 30 days after the date on which the Commission revises a rate cap or limitation if the schedule or tariff on file with the Commission for the competitive supplier exceeds the revised rate cap or fails to comply with the revised limitation.

(Added to NRS by 2021, 1747 )

NRS 704.726

NRS

704.726

Annual accounting of cost of conversion and revenues from adjustment in rates; termination of adjustment upon recovery of cost of conversion.

A public utility shall annually present to the Commission a certified accounting of the cost of conversion and an accounting of the revenues it has received in that year from the adjustment in its rates.
When a public utility has fully recovered its share of the cost of conversion and the debt and interest thereon are paid, or at the end of the period set for the recovery, whichever is sooner, it shall:

(a) Stop the adjustment;

(b) Rescind the applicable tariff;

(c) Present the Commission with proof of the public utilitys compliance with all orders of the Commission regarding the adjustment; and

(d) Present the Commission with a complete accounting of the cost of conversion and revenues it has received through the adjustment.

If the proof so presented in subsection 2 shows that the revenue collected pursuant to the adjustment is not equal to the public utilitys share of the cost of the conversion, the Commission shall order any actions necessary to return any excess or collect the amount still needed for full recovery.

(Added to NRS by 1983, 752 )

NRS 704.7876

NRS

704.7876

Participation in Program: Application; eligibility requirements; determination and initial approval by Office of Economic Development; notice and issuance of letter of eligibility to applicant; forwarding of application and letter to Commission. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

A person who, in anticipation of the incentive provided pursuant to the Program, locates or intends to locate a new commercial or industrial business in this State may apply to the Office of Economic Development to participate in the Program.
An application to participate in the Program must be submitted on a form approved by the Office of Economic Development and must include:

(a) The name, business address and telephone number of the applicant;

(b) The location or proposed location of the applicants facility and a detailed description of the facility;

(c) Proof satisfactory to the Office of Economic Development that the applicant satisfies the criteria for eligibility set forth in subsection 3;

(d) An attestation, on a form approved by the Office of Economic Development, that but for the incentive provided pursuant to the Program, the applicant would not have located or intended to locate the business in this State; and

(e) Any other information required by the Office of Economic Development.

To be eligible for participation in the Program, an applicant must demonstrate that:

(a) The applicant is or intends to be a new commercial or industrial customer of an electric utility in this State;

(b) The applicant is not, and has not been during the immediately preceding 12 months, a customer of any other electric utility in this State;

(d) The electric utility has determined that the applicants use of the load is not for a project, purpose or facility which carries an abnormal risk or is seasonal, intermittent or temporary; and

(e) The applicant has applied for each economic incentive, including, without limitation, any abatement or partial abatement of taxes, offered by the State or any local government for which the applicant is eligible.

Upon the receipt of a completed application, the Office of Economic Development shall consider the application and make a determination of whether the applicant satisfies the criteria for eligibility. If the Office of Economic Development determines that the applicant satisfies the criteria for eligibility, the Office of Economic Development may give initial approval to the applicant if the approval, as determined by the Office of Economic Development, is in the best interests of the State.
If the Office of Economic Development gives initial approval to an applicant, the Office of Economic Development shall:

(a) Provide notice of the initial approval to the applicant;

(b) Issue to the applicant a letter of eligibility; and

(Added to NRS by 2013, 3208 ; A 2014, 28th Special Session, 7 , 10 )

NRS 704.7877

NRS

704.7877

Participation in Program: Additional requirements; contract terms and content; approval of contract by Commission; entry into contract; forwarding of contract to Office of Economic Development. [Effective through the date on which the last contract entered into pursuant to the Program terminates, whether termination is by expiration of the terms or otherwise.]

Upon receipt of an application and letter of eligibility pursuant to paragraph (c) of subsection 5 of NRS 704.7876 , the Commission shall:

(a) Review the application;

(b) Establish the rates which may be charged to the applicant by the electric utility that will serve the load of the applicant; and

(c) In addition to the terms required by subsection 3, establish any additional terms which must be included in the contract between the applicant and the electric utility.

Before any applicant enters into a contract with an electric utility pursuant to the Program, the applicant shall:

(a) Provide to the electric utility that will serve the load of the applicant access to the applicants facility or plans for the facility for the purpose of the electric utility making recommendations concerning the energy efficiency of the facility; and

(b) Provide proof satisfactory to the Commission that the new load under the contract will have an annual load factor of 50 percent or more for each year of the term of the contract.

An applicant may participate in the Program pursuant to a contract which is entered into by the applicant and the electric utility that will serve the load of the applicant and which is approved by the Commission. A contract entered into pursuant to this section must include provisions setting forth:

(a) The term of the contract, which must be 10 years;

(b) The term of the discounts applicable under the Program, which must be 8 years;

(d) That the discount approved by the Commission does not apply to up-front costs, the base tariff general rate, any otherwise applicable tariff or any taxes, surcharges, amortization or program rate elements;

(e) The deposit requirements, which must be based on the rates applicable under the second year of the contract;

(f) That the participant ceases to be eligible for any discounted rates for electricity if the participant fails to satisfy any requirements set forth in the contract or NRS 704.7871 to 704.7882 , inclusive, or any regulations adopted pursuant thereto; and

(g) Any additional requirements prescribed by the Commission.

An electric utility shall prepare a contract to be entered into by the electric utility and a participant and submit the contract to the Commission for approval. Upon approval of the contract by the Commission, the electric utility and the applicant may enter into the contract and the applicant may participate in the Program. The Commission shall forward a copy of the approved contract to the Office of Economic Development.

(Added to NRS by 2013, 3209 ; A 2014, 28th Special Session, 8 , 10 )

NRS 704.805

NRS

704.805

Unlawful acts involving trespass or theft or damage to property: Civil remedies.

Any public utility may bring a civil action for damages against any person who:

(a) Willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service provided by the public utility by:

(1) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus owned or used by another person;

(2) Bypassing any meter or other instrument used to register the quantity consumed or supplied; or

(3) Altering, disconnecting, removing, injuring or preventing the action of any meter or other instrument used to register the quantity consumed or supplied; or

(b) Violates subsection 2 of NRS 704.800 ,

Ê and recover a sum equal to treble the amount of the actual damages, plus all reasonable costs and expenses incurred by the public utility because of that conduct, including the cost of equipment, investigating the matter and expert witnesses and attorneys fees.

There is a rebuttable presumption that the person responsible for payment for the delivery of the service of a public utility to any premises caused or had knowledge of any act specified in paragraph (a) of subsection 1 if the person:

(a) Is the occupant of the premises; or

(b) Has any access to the system for delivery of the service to the premises.

The presumption provided in subsection 2 only shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.
A person who willfully or negligently injures or destroys the property of a public utility which is used in the actual production, distribution or delivery of the service provided by the public utility is liable to the public utility for the cost of the repair or replacement of the property injured or destroyed, including the direct and indirect costs attributable to the repair or replacement but subtracting the value, if any, of salvage.
Nothing in this section abridges or alters any other right of action or remedy available to a public utility before or after July 1, 1985.
As used in this section, direct and indirect costs attributable to repair or replacement include, but are not limited to, costs for:

(a) Labor;

(b) Materials;

(d) Supplies;

(e) Tools;

(f) Taxes;

(g) Transportation;

(h) General and administrative expenses;

(i) Allocable benefits for employees;

(j) Allowances for meals; and

(k) Any other related expenses.

(Added to NRS by 1985, 1037 ; A 1987, 518 ; 2023, 2975 )

CONSTRUCTION OF UTILITY FACILITIES: UTILITY ENVIRONMENTAL PROTECTION ACT

NRS 704.870

NRS

704.870

Requirements for filing application: Form and contents; procedure when federal agency is required to conduct environmental analysis; time for filing application; service; public notice.

Except as otherwise provided in subsection 2, a person who wishes to obtain a permit for a utility facility must file with the Commission an application, in such form as the Commission prescribes, containing:

(a) A description of the location and of the utility facility to be built thereon;

(b) A summary of any studies which have been made of the environmental impact of the facility;

(c) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility; and

(d) A surplus asset retirement plan as described in subsection 2 of NRS 704.734 for the decommissioning, removal, remediation and disposition of the utility facility after it ceases to operate, including a description of the manner in which the plan will be funded.

Ê A copy or copies of the studies referred to in paragraph (b) must be filed with the Commission and be available for public inspection.

If a person wishes to obtain a permit for a utility facility and a federal agency is required to conduct an environmental analysis of the proposed utility facility, the person must:

(a) Not later than the date on which the person files with the appropriate federal agency an application for approval for the construction of the utility facility, file with the Commission and each other permitting entity a notice, in such a form as the Commission or other permitting entity prescribes; and

(b) Not later than 30 days after the issuance by the appropriate federal agency of either the final environmental assessment or final environmental impact statement, but not the record of decision or similar document, relating to the construction of the utility facility:

(1) File with the Commission an application that complies with the provisions of subsection 1; and

(2) File with each other permitting entity an application for a permit, license or other approval for the construction of the utility facility.

A copy of each application filed with the Commission must be filed with the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Each application filed with the Commission must be accompanied by:

(a) Proof of service of a copy of the application on the clerk of each local government in the area in which any portion of the facility is to be located, both as primarily and as alternatively proposed; and

(b) Proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice pursuant to paragraph (a) by the publication of a summary of the application in newspapers published and distributed in the area in which the utility facility is proposed to be located.

Not later than 5 business days after the Commission receives an application pursuant to this section, the Commission shall issue a notice concerning the application. Any person who wishes to become a party to a permit proceeding pursuant to NRS 704.885 must file with the Commission the appropriate document required by NRS 704.885 within the time frame set forth in the notice issued by the Commission pursuant to this subsection.

(Added to NRS by 1971, 556 ; A 1973, 1263 ; 1981, 662 ; 1985, 2299 ; 1997, 5 , 1915 ;

2001, 2987 ; 2003, 1258 ; 2013, 3211 ; 2015, 2217 )

NRS 706.276

NRS

706.276

Applicability of

chapter 582

of NRS; vehicles to be weighed by public weighmaster or Department; fee; acceptance of certificates from other states; exception for farm vehicles.

The provisions of chapter 582 of NRS are hereby made applicable to this chapter.
Except as otherwise provided in subsection 6, all vehicles required to be weighed under the provisions of this chapter must be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the Department and the State Sealer of Measurement Standards, and according to the provisions of chapter 582 of NRS, except as otherwise provided herein.
The Department may collect a fee, not to exceed $1, for each vehicle weighed by the Department.
The State Sealer of Measurement Standards from time to time, upon request of the Department, shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.
Public weighmasters certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the Department as evidence of the weight of the vehicle for which a license is applied.
In lieu of weighing a farm vehicle pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:

(a) Weigh the farm vehicle on a scale which has been certified by the State Sealer of Measurement Standards; and

(b) Use a printout from that scale setting forth the declared gross weight of the farm vehicle as proof of the declared gross weight of the farm vehicle for purposes of this chapter.

(Added to NRS by 1971, 695 ; A 1973, 444 ; 2009, 170 ; 2013, 2491 )

NRS 706.4469

NRS

706.4469

Release of motor vehicle connected to tow car at point of origination of towing.

The operator shall allow the owner, or agent of the owner, of a motor vehicle that has been connected to a tow car to obtain the release of the vehicle at the point of origination of the towing if:

(a) A request is made to release the vehicle; and

(b) Except as otherwise provided in subsection 2, the owner or agent pays a fee established by the operator for releasing the vehicle.

If a vehicle that has been connected to a tow car was requested to be towed pursuant to subparagraph (2) of paragraph (b) of subsection 2 of NRS 706.4477 and the owner, or agent of the owner, provides proof that the vehicle is registered pursuant to this chapter or chapter 482 of NRS or in any other state:

(a) The operator shall immediately release the motor vehicle to the owner or agent; and

(b) The owner or agent is not responsible for paying the fee established by the operator for releasing the vehicle.

The provisions of this section do not apply if a vehicle that has been connected to a tow car was requested to be towed by a law enforcement officer pursuant to paragraph (c) of subsection 3 of

NRS 484B.443 .

As used in this section, provide proof includes, without limitation, providing current registration documents in a physical format or in an electronic format as set forth in NRS 482.255 that predate the date on which the vehicle was connected to the tow car.

(Added to NRS by 1995, 1511 ; A 1995, 1513 ; 1997, 2683 ; 2021, 1433 ; 2023, 1293 )

NRS 706.462

NRS

706.462

Issuance and renewal; application requirements; fees.

A person shall not drive a charter bus for the purposes of charter bus transportation, a motor vehicle for a fully regulated carrier of passengers or a taxicab motor carrier as an employee, independent contractor or lessee unless the person has been issued a drivers permit by the Authority pursuant to this section.
The Authority shall issue a drivers permit to each applicant who satisfies the requirements of this section. Before issuing a drivers permit, the Authority shall:

(a) Require the applicant to submit a complete set of his or her fingerprints, which the Authority shall forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and may further investigate the applicants background; and

(b) Require proof that the applicant is employed or under a contract or lease agreement or has an offer of employment, a contract or a lease agreement that is contingent on the applicant obtaining a drivers permit pursuant to this section and:

(1) Has a valid license issued pursuant to

NRS 483.340 which authorizes the applicant to drive in this State any motor vehicle that is within the scope of the employment, contract or lease; or

(2) If the driver is a resident of a state other than Nevada, has a valid license issued by the state in which he or she resides which authorizes the applicant to drive any motor vehicle that is within the scope of the employment, contract or lease.

The Authority may refuse to issue a drivers permit if:

(a) The applicant has been convicted of:

(1) A felony, other than a sexual offense, in this State or any other jurisdiction within the 5 years immediately preceding the date of the application;

(2) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application; or

(3) A violation of NRS 484C.110 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within the 3 years immediately preceding the date of the application.

(b) After further investigation into the applicants background, if any, the Authority determines that the issuance of the drivers permit would be detrimental to public health, welfare or safety.

A drivers permit issued pursuant to this section is valid for not longer than 3 years, but lapses if the driver ceases to be employed by the carrier identified in the application for the original or renewal permit or if the contract or lease expires and the driver enters into a contract or lease with a different carrier. A driver must notify the Authority within 10 days after the lapse of a permit and obtain a new permit pursuant to this section before driving for a different carrier.
An applicant shall pay to the Authority:

(a) A fee for the processing of fingerprints which is to be established by the Authority and which may not exceed the fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

(b) For an original drivers permit, a fee not to exceed $50.

As used in this section, charter bus transportation means transportation by bus of a group of persons who, pursuant to a common purpose and under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. The term does not include:

(a) The transportation of passengers and their baggage in the same vehicle for a per capita charge between airports or between an airport and points and places in this State;

(b) The transportation at a per capita or an hourly rate of passengers to various points of interest for the purpose of sightseeing or visiting those points of interest where a narrated tour is presented to the passengers;

(c) The transportation of persons who have acquired the use of a vehicle for a special event between definite points of origin and destination, at a per capita rate; or

(d) In a county whose population is less than 100,000, the transportation of a group of persons to and from a single job site or work site, including, without limitation, a construction site, mine or facility or project for the production of renewable energy. As used in this paragraph:

(1) Construction site means any location at which construction work is being commenced or in progress.

(2) Mine means an excavation in the earth from which ores, coal or other mineral substances are extracted, or a subterranean natural deposit of minerals located and identified as such by the staking of a claim or other method recognized by law. The term includes, without limitation, a well drilled to extract minerals.

(3) Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

(I) Biomass;

(II) Fuel cells;

(III) Geothermal energy;

(IV) Solar energy;

(V) Waterpower; and

(VI) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

(Added to NRS by 2013, 2177 ; A 2015, 781 )

NRS 706.8841

NRS

706.8841

Drivers permit: Issuance; fingerprints and qualifications of applicant; grounds for refusal to issue permit; fees.

The Administrator shall issue a drivers permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a drivers permit, the Administrator shall:

(a) Require the applicant to submit a complete set of the applicants fingerprints which the Administrator may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicants background; and

(b) Require proof that the applicant:

(1) Is a resident of this State or a state that adjoins the county in which the applicant has applied for a drivers permit;

(2) Can read and orally communicate in the English language; and

(3) Has a valid license issued under NRS 483.325 which authorizes the applicant to drive a taxicab in this State.

The Administrator may refuse to issue a drivers permit if the applicant has been convicted of:

(a) A felony relating to the practice of taxicab drivers in this State or any other jurisdiction at any time before the date of the application;

(b) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application;

(c) A violation of NRS 484C.110 , 484C.120 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within 3 years before the date of the application; or

(d) A violation of NRS 484C.130 or a law of any other jurisdiction that prohibits the same or similar conduct.

The Administrator may refuse to issue a drivers permit if the Administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the drivers permit would be detrimental to public health, welfare or safety.
A taxicab driver shall pay to the Administrator, in advance, $40 for an original drivers permit and $10 for a renewal.

(Added to NRS by 1969, 1245 ; A 1971, 583 ; 1975, 1325 ; 1977, 749 ; 1979, 649 ; 1981, 2015 ; 1983, 1032 ; 1999, 3437 ; 2003, 1407 , 2734 ,

2873 ;

2005, 172 ; 2009, 1891 ; 2017, 3836 )

NRS 709.070

NRS

709.070

Notice of filing of application; contents; publication and posting.

Upon the filing of the application, the board of county commissioners shall, at its next regular meeting, cause notice of the application to be given. Before notice is given, the applicant must deposit with the clerk of the board the cost of publication of the notice, the amount to be fixed by the board of county commissioners.
The notice must contain:

(a) The name of the person or persons making the application.

(b) The nature, in general terms, of the franchise, right or privilege applied for.

(d) A statement that all persons who have any objections to the granting of the franchise, right or privilege must file their objections, in writing, with the clerk of the board before the date of the hearing, or must appear at the meeting and present their objections at that time.

The notice must be published once each week for 4 consecutive weeks in a newspaper of general circulation published in the county. If no newspaper is published in the county, notice must be given by the posting of notices as provided in this section.
The clerk shall also cause three copies of the notice to be posted in three public places nearest where the application will take effect, and if more than one unincorporated town is affected, the notice must be posted in three public places in each of the unincorporated towns.
The publication or posting of the notice must be completed:

(a) Before the next regular meeting of the board of county commissioners at which the application is considered; or

(b) At least 10 days before a hearing on the application is held.

Proof of the notice must be made by the clerk of the board before the hearing in the matter proceeds, and the proof must become a part of the record of the proceedings.

[3:168:1909; A 1915, 78 ; 1919 RL § 2131; NCL § 3185]—(NRS A 1985, 319 ; 1987, 2236 )

NRS 711.280

NRS

711.280

Civil damages and attorneys fees for violation of

NRS 711.270

; presumption of defendants action; injunction.

A person who violates paragraph (a), (b) or (c) of subsection 1 of NRS 711.270

is, in addition to being criminally liable pursuant to NRS 711.270 , civilly liable to the video service provider injured by the conduct for $3,500 or three times any actual damages incurred by the company, whichever is greater, and reasonable attorneys fees.

A person who violates paragraph (d) of subsection 1 of NRS 711.270 is, in addition to being criminally liable pursuant to NRS 711.270 , civilly liable to the video service provider injured by the conduct for $5,000 or three times any actual damages incurred by the company, whichever is greater, and reasonable attorneys fees.
In any action brought pursuant to this section, proof that any of the acts prohibited in subsection 1 were committed on or about the premises occupied by the defendant is prima facie evidence that such acts were committed by the defendant.
A video service provider may bring an action to enjoin any violation of NRS 711.270 .

(Added to NRS by 1985, 1828 ; A 1999, 2718 ; 2007, 1374 )

NRS 712.050

NRS

712.050

Requirements for permit; grounds for revocation; fee; penalty.

Before issuing a warehouse permit, the Nevada Transportation Authority shall:

(a) Require proof of financial ability to protect persons storing property from loss or damage, and a showing of sufficient assets, including working capital, to carry out the proposed service.

(b) Determine that the applicant has sufficient experience in and knowledge of the storage in a warehouse of household goods and effects, and the regulations of the Authority governing the storage of household goods and effects.

(c) Require proof that the applicant carries a legal policy of liability insurance evidencing coverage against fire, theft, loss and damage for stored property and effects in an amount not less than the base release value set forth in the tariff approved by the Authority governing the transportation of household goods and effects for those articles not covered by private insurance. Except upon 30 days written notice to the Authority, the insurance must not be cancelled during the period for which any permit is issued. Failure to keep the insurance in effect is cause for revocation of any warehouse permit.

(d) Require information showing that the property to be used for storage of household goods and effects is reasonably suitable for that purpose. Failure to maintain the property in suitable condition is cause for revocation of any warehouse permit.

(e) Collect an initial fee for the permit as set by the Authority according to the gross volume of business in an amount not less than $25 nor more than $50.

On or before January 1 of each year, the holder of a warehouse permit shall pay to the Authority an annual fee as set by the Authority pursuant to paragraph (e) of subsection 1.
Any person who fails to pay the annual fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.

(Added to NRS by 1973, 1025 ; A 1981, 1598 ; 1987, 897 ; 1997, 1960 )

NRS 719.330

NRS

719.330

Transferable records.

In this section, transferable record means an electronic record that:

(a) Would be a note under NRS 104.3101 to 104.3605 , inclusive, or a document under NRS 104.7101 to 104.7603 , inclusive, if the electronic record were in writing; and

(b) The issuer of the electronic record expressly has agreed is a transferable record.

A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes him or her as the person to whom the transferable record was issued or transferred.
A system satisfies subsection 2, and a person is deemed to have control of a transferable record, if the transferable record is created, stored and assigned in such a manner that:

(a) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (d), (e) and (f), unalterable;

(b) The authoritative copy identifies the person asserting control as:

(1) The person to whom the transferable record was issued; or

(2) If the authoritative copy indicates that the transferable record has been transferred, the person to whom the transferable record was most recently transferred;

(c) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(d) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in paragraph (v) of subsection 2 of NRS 104.1201 , of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under NRS 104.7501 or 104.9308 or subsection 1 of NRS 104.3302 are satisfied, the rights and defenses of a holder to whom a negotiable document of title has been duly negotiated, a purchaser, or a holder in due course, respectively. Delivery, possession and endorsement are not required to obtain or exercise any of the rights under this subsection.
Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.
If requested by a person against whom enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

(Added to NRS by 2001, 2720 ; A 2005, 886 ; 2023, 3255 )

NRS 78.155

NRS

78.155

Certificate of authorization to transact business.

If a corporation has filed the initial or annual list in compliance with NRS 78.150

and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the corporation constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its incorporation occurs in the next succeeding calendar year.

[2:180:1925; A 1931, 408 ; 1931 NCL § 1805]—(NRS A 1959, 684 ; 1981, 62 ; 1983, 689 ; 1993, 953 ; 1999, 1582 ; 2001, 3173 ; 2003, 20th Special Session, 31 )

NRS 78.418

NRS

78.418

Control, controlling, controlled by and under common control with defined; presumption of control.

Except as otherwise provided in subsection 2:

(a) Control, used alone or in the terms controlling, controlled by and under common control with, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise.

(b) A persons beneficial ownership of 10 percent or more of the voting power of a corporations outstanding voting shares creates a presumption that the person has control of the corporation:

(1) In the absence of proof by a preponderance of the evidence to the contrary; or

(2) Unless any other stockholder of the corporation, other than an affiliate or associate of the person, is the beneficial owner of an equal or greater percentage of the voting power of the corporations outstanding voting shares.

A person is not considered to have control of a corporation if the person holds voting power, in good faith and not for the purpose of circumventing the provisions of this chapter, as an agent, bank, broker, nominee, custodian or trustee for one or more beneficial owners who do not individually or as a group have control of the corporation.

(Added to NRS by 1991, 1202 ; A 2011, 2784 )

NRS 78.630

NRS

78.630

Application of creditors or stockholders of insolvent corporation for injunction and appointment of receiver or trustee; hearing.

Whenever any corporation becomes insolvent or suspends its ordinary business for want of money to carry on the business, or if its business has been and is being conducted at a great loss and greatly prejudicial to the interest of its creditors or stockholders, any creditors holding at least 10 percent of the outstanding indebtedness, or stockholders owning at least 10 percent of the outstanding stock entitled to vote, may, by petition setting forth the facts and circumstances of the case, apply to the district court of the county in which the principal office of the corporation is located or, if the principal office is not located in this State, to the district court in the county in which the corporations registered office is located for a writ of injunction and the appointment of a receiver or receivers or trustee or trustees.
The court, being satisfied by affidavit or otherwise of the sufficiency of the application and of the truth of the allegations contained in the petition and upon hearing after such notice as the court by order may direct, shall proceed in a summary way to hear the affidavits, proofs and allegations which may be offered in behalf of the parties.
If upon such inquiry it appears to the court that the corporation has become insolvent and is not about to resume its business in a short time thereafter, or that its business has been and is being conducted at a great loss and greatly prejudicial to the interests of its creditors or stockholders, so that its business cannot be conducted with safety to the public, it may issue an injunction to restrain the corporation and its officers and agents from exercising any of its privileges or franchises and from collecting or receiving any debts or paying out, selling, assigning or transferring any of its estate, money, lands, tenements or effects, except to a receiver appointed by the court, until the court otherwise orders.

[46:177:1925; NCL § 1645]—(NRS A 1993, 974 , 2765 ,

2820 ;

2007, 2649 ; 2009, 1682 ; 2021, 1511 )

NRS 78.675

NRS

78.675

Creditors proofs of claims; when participation barred; notice.

All creditors shall present and make proof to the receiver of their respective claims against the corporation within 6 months from the date of appointment of the receiver or trustee for the corporation, or sooner if the court shall order and direct, and all creditors and claimants failing to do so within the time limited by this section, or the time prescribed by the order of the court, shall by the direction of the court be barred from participating in the distribution of the assets of the corporation. The court shall also prescribe what notice, by publication or otherwise, shall be given to creditors of such limitation of time.

[54:177:1925; A 1949, 158 ; 1943 NCL § 1653]

NRS 80.120

NRS

80.120

Certificate of authorization to transact business.

If a corporation has filed the initial or annual list in compliance with NRS 80.110

and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the corporation constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.

[2:180:1925; A 1931, 408 ; 1931 NCL § 1805]—(NRS A 1959, 841 ; 1983, 693 ; 1993, 984 ; 1999, 1599 ; 2001, 3179 ; 2003, 20th Special Session, 46 )

NRS 81.270

NRS

81.270

Succession to membership: Nomination and transfer on death.

Any member may, upon or after becoming a member, nominate upon his or her application, or otherwise file with the secretary of any association incorporated under NRS 81.170 to 81.270 , inclusive, of which he or she is a member, the person whom the member desires to succeed to his or her membership and interests in the association upon his or her death.
Upon proof of the members death being made, according to the bylaws and to the satisfaction of the associations board of directors, the secretary shall transfer the deceased members membership and interests in the cooperative association to the person or persons so nominated, with the consent of the board of directors, without letters of administration.
If the board of directors do not consent to the nominees becoming a member, then the association shall, within 90 days after proof, pay the nominee the amount which the deceased member has paid on the membership, together with the amount of his or her other interests in the association.

[11:60:1901; RL § 1259; NCL § 1594]—(NRS A 1991, 1251 )

NONPROFIT COOPERATIVE CORPORATIONS WITHOUT STOCK

NRS 82.471

NRS

82.471

Application of creditors or members of insolvent corporation for injunction and appointment of receiver or trustee; powers and duties of court.

Whenever any corporation becomes insolvent or suspends its ordinary business for want of funds to carry on the business, or if its business has been and is being conducted at a great loss and greatly prejudicial to the interest of its creditors or members, creditors holding 10 percent of the outstanding indebtedness, or members, if any, having 10 percent of the voting power to elect directors, may, by petition or bill of complaint setting forth the facts and circumstances of the case, apply to the district court of the county in which the principal office of the corporation is located or to the district court in the county in which the corporations registered office is located for a writ of injunction and the appointment of a receiver or receivers or trustee or trustees.
The court, being satisfied by affidavit or otherwise of the sufficiency of the application and of the truth of the allegations contained in the petition or bill, and upon hearing after such notice as the court by order may direct, shall proceed in a summary way to hear the affidavits, proofs and allegations which may be offered in behalf of the parties.
If upon the inquiry it appears to the court that the corporation has become insolvent and is not about to resume its business in a short time thereafter, or that its business has been and is being conducted at a great loss and greatly prejudicial to the interests of its creditors or members, so that its business cannot be conducted with safety to the public, it may issue an injunction to restrain the corporation and its officers and agents from exercising any of its privileges or franchises and from collecting or receiving any debts or paying out, selling, assigning or transferring any of its estate, money, funds, lands, tenements or effects, except to a receiver appointed by the court, until the court otherwise orders.

(Added to NRS by 1991, 1287 ; A 1999, 1606 ; 2007, 2662 ; 2009, 1689 )

NRS 82.501

NRS

82.501

Limitation on time for creditors claims; notice to creditors.

All creditors must present and make proof to the receiver of their respective claims against the corporation within 6 months from the date of appointment of the receiver or trustee for the corporation, or sooner if the court so orders. All creditors and claimants failing to do so within the time limited by this section, or the time prescribed by the order of court, are barred from participating in the distribution of the assets of the corporation. The court shall prescribe what notice, by publication or otherwise, must be given to creditors of the time within which they must present and prove their claims.

(Added to NRS by 1991, 1291 )

NRS 82.5231

NRS

82.5231

Certificate of authorization to transact business.

Except as otherwise provided in NRS 82A.100 , if a foreign nonprofit corporation has filed the initial or annual list in compliance with NRS 82.523 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign nonprofit corporation constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.

(Added to NRS by 2003, 20th Special Session, 51 ; A 2013, 723 ; 2015, 2255 )

NRS 86.266

NRS

86.266

Certificate of authorization to transact business.

If a limited-liability company has filed the initial or annual list in compliance with NRS 86.263 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the limited-liability company constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its formation occurs in the next succeeding calendar year.

(Added to NRS by 1993, 1010 ; A 1995, 1129 ; 1999, 1615 ; 2001, 3182 ; 2003, 20th Special Session, 68 )

NRS 86.5411

NRS

86.5411

Application of creditors or members of insolvent company for injunction and appointment of receiver or trustee; hearing.

Whenever any limited-liability company becomes insolvent or suspends its ordinary business for want of money to carry on the business, or if its business has been and is being conducted at a great loss and greatly prejudicial to the interest of its creditors or members, any creditors holding at least 10 percent of the outstanding indebtedness of the company or at least 10 percent in interest of the members, may, by petition setting forth the facts and circumstances of the case, apply to the district court of the county in which the principal office of the company is located or, if the principal office is not located in this State, to the district court in the county in which the companys registered office is located for a writ of injunction and the appointment of a receiver or receivers or trustee or trustees.
The court, being satisfied by affidavit or otherwise of the sufficiency of the application and of the truth of the allegations contained in the petition and upon hearing after such notice as the court by order may direct, shall proceed in a summary way to hear the affidavits, proofs and allegations which may be offered in behalf of the parties.
If, upon such inquiry it appears to the court that the company has become insolvent and is not about to resume its business in a short time thereafter, or that its business has been and is being conducted at a great loss and greatly prejudicial to the interests of its creditors or members so that its business cannot be conducted with safety to the public, it may issue an injunction to restrain the company and its managers, managing members, officers and agents from exercising any of its privileges or franchises and from collecting or receiving any debts or paying out, selling, assigning or transferring any of its estate, money, lands, tenements or effects, except to a receiver appointed by the court, until the court otherwise orders.
The rights of a member set forth in this section may be exercised by a noneconomic member if specifically set forth in the articles of organization or the operating agreement.

(Added to NRS by 2019, 2491 ; A 2021, 1516 )

NRS 86.542

NRS

86.542

Creditors proofs of claims; when participation barred; notice.

All creditors shall present and make proof to the receiver of their respective claims against the limited-liability company within 6 months from the date of appointment of the receiver or trustee for the company, or sooner if the court shall order and direct, and all creditors and claimants failing to do so within the time limited by this section, or the time prescribed by the order of the court, shall by the direction of the court be barred from participating in the distribution of the assets of the company. The court shall also prescribe what notice, by publication or otherwise, shall be given to creditors of such limitation of time.

(Added to NRS by 2019, 2494 )

NRS 86.5463

NRS

86.5463

Certificate of authorization to transact business.

If a foreign limited-liability company has filed the initial or annual list in compliance with NRS 86.5461 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign limited-liability company constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.

(Added to NRS by 2003, 20th Special Session, 61 )

NRS 87.5415

NRS

87.5415

Certificate of authorization to transact business.

If a foreign registered limited-liability partnership has filed the initial or annual list in compliance with NRS 87.541 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign registered limited-liability partnership constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.

(Added to NRS by 2003, 20th Special Session, 75 )

NRS 88.400

NRS

88.400

Certificate of authorization to transact business; identification of defaulting partnerships; reinstatement of partnership which is unit-owners association; forfeiture and penalty.

If a limited partnership has filed the list in compliance with NRS 88.395 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the limited partnership constitutes a certificate authorizing it to transact its business within this State until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year.
Each limited partnership which is required to make a filing and pay the fee prescribed in NRS 88.395 and 88.397 and which refuses or neglects to do so within the time provided is in default.
Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a limited partnership which is a unit-owners association as defined in NRS 116.011 or 116B.030 has failed to register pursuant to NRS 116.31158 or 116B.625 or failed to pay the fees pursuant to NRS 116.31155 or 116B.620 , the Secretary of State shall deem the limited partnership to be in default. If, after the limited partnership is deemed to be in default, the Administrator notifies the Secretary of State that the limited partnership has registered pursuant to NRS 116.31158 or 116B.625 and paid the fees pursuant to NRS 116.31155 or 116B.620 , the Secretary of State shall reinstate the limited partnership if the limited partnership complies with the requirements for reinstatement as provided in this section and NRS 88.410 .
For default there must be added to the amount of the fee a penalty of $75, and unless the filings are made and the fee and penalty are paid on or before the first day of the first anniversary of the month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits its right to transact any business within this State.

(Added to NRS by 1985, 1294 ; A 1993, 1020 ; 1995, 1134 ; 1999, 1624 ; 2001, 1399 , 3187 ,

3199 ;

2003, 48 , 51 ;

2003, 20th Special Session, 98 ; 2007, 2290 )

NRS 88.592

NRS

88.592

Certificate of authorization to transact business.

If a foreign limited partnership has filed the initial or annual list in compliance with NRS 88.591 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign limited partnership constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.

(Added to NRS by 2003, 20th Special Session, 89 )

NRS 90.690

NRS

90.690

Burden of proof.

In a civil action or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of proving the exemption or exception.
In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming it.

(Added to NRS by 1987, 2184 ; A 1989, 160 ; 1991, 609 )

NRS 91.250

NRS

91.250

Liability of principals and agents.

The act, omission, or failure of any officer, agent or other person acting for any natural person, association, partnership, corporation or trust within the scope of his or her employment or office shall be deemed the act, omission or failure of the natural person, association, partnership, corporation or trust, as well as of the officer, agent or other person.
Every person who directly or indirectly controls another person liable under any provision of this chapter, every partner, officer or director of the liable person, every person occupying a similar status or performing similar functions as the liable person and every employee of the liable person who materially aids in the violation is also liable jointly and severally with and to the same extent as the liable person, unless the person who is also liable by virtue of this provision sustains the burden of proof that he or she did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.

(Added to NRS by 1987, 1286 )

ENFORCEMENT; REMEDIES; PENALTIES

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)