NRS 648.020 Creation;members; Chairman; compensation of members and employees; representative ofgeneral public prohibited from participation in examination.

NRS 648.025 Appointmentof Executive Director; employment of investigators and clerical personnel.

NRS 648.030 Dutiesand powers.

NRS 648.033 Maintenanceand release of records by Board; confidentiality of certain records of Board;exceptions.

NRS 648.034 Records:Certain records relating to investigation deemed confidential; certain recordsrelating to disciplinary action deemed public records; communication andcooperation with other agencies. [Repealed.]

NRS 648.036 Applicationto district court for release of confidential information possessed by Board.

NRS 648.039 Boardmay refuse to reveal identity of informant or information obtained from him;exception.

NRS 648.040 Depositand use of money received pursuant to chapter; delegation of authority to takedisciplinary action; deposit of fines.

NRS 648.045 Civilliability.

LICENSES

NRS 648.060 Licenseor work card required; employment of other persons by licensee.

NRS 648.061 Exemptionfrom required licensure as polygraphic examiner or intern.

NRS 648.063 Singleact for which license is required is violation.

NRS 648.065 Licensingof persons engaged in various occupations on July 1, 1967.

NRS 648.070 Applicationfor license; fee; reexamination.

NRS 648.075 Incompleteapplication; time application valid; summary denial of invalid application;burden of proof; waiver of claim for damages resulting from application.

NRS 648.080 Contentsof application.

NRS 648.083 Applicationto include social security number of applicant. [Repealed.]

NRS 648.085 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or work card; duty of Board. [Effective until the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 648.085 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or work card; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 648.100 Examinations;investigation of applicants; grounds for refusing to grant license.

NRS 648.110 Qualificationsof applicants; issuance of license.

NRS 648.115 Licensingof person licensed in another state.

NRS 648.120 Fees;license held in abeyance.

NRS 648.135 Licenseeto maintain insurance or act as self-insurer; minimum limits of liability;proof.

NRS 648.140 Rightsof licensees; local ordinances; unlicensed employees; quarterly reports.

NRS 648.142 Form,contents and posting of license; pocket cards; change of address; licenses notassignable.

NRS 648.144 Expirationof licenses and pocket cards; renewals.

NRS 648.146 Forfeitedlicenses; reinstatement; fee.

NRS 648.148 Addressof licensees principal place of business to be filed with Board; advertising.

NRS 648.149 Branchoffices; fee.

DISCIPLINARY PROCEEDINGS

NRS 648.150 Groundsfor disciplinary action.

NRS 648.155 Additionalgrounds for disciplinary action against polygraphic examiners and interns.

NRS 648.157 Suspensionof license of private investigator who obtains or seeks access to certaininformation from Department of Motor Vehicles for improper purpose; additionaldisciplinary action authorized.

NRS 648.158 Suspensionof license or work card for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of license or work card. [Expires bylimitation 2 years after the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 648.160 Investigationof complaints; issuance of notice of violation; compelling attendance ofwitnesses.

NRS 648.162 Noticeof violation: Contents; appeal.

NRS 648.164 Failureof licensee or applicant to comply with notice of violation is grounds forsuspension, revocation or denial of license.

NRS 648.165 Issuanceof citations for unauthorized practice; administrative fines; appeal.

NRS 648.166 Hearingafter receipt of appeal; notice of hearing.

NRS 648.170 Contentsof complaint; notice and hearing.

NRS 648.174 Disciplinaryaction not precluded by correction of conditions resulting from wrongful acts.

NRS 648.175 Authorizeddisciplinary action; orders imposing discipline deemed public records.

NRS 648.177 Dutyto surrender license upon notice of suspension, revocation or refusal to renew.

NRS 648.178 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals. [Repealed.]

NRS 648.181 Injunctiverelief; civil penalty.

POLYGRAPHIC EXAMINATIONS

NRS 648.183 Polygraphicexamination must meet minimum standards and be administered by licensed personbefore considered or accepted into evidence.

NRS 648.185 Approvalof polygraph required; conditional approval.

NRS 648.187 Personexamined must be advised of right to refuse to answer incriminating ordegrading questions.

NRS 648.189 Explanationof purpose of examination; consent; prohibited purposes.

NRS 648.191 Techniquefor conducting examination.

NRS 648.193 Inquiriesinto examinees religion, political affiliation, sexual activities oraffiliation with labor organization prohibited; exception.

NRS 648.195 Opinionof examiner.

NRS 648.197 Chronologicallog; polygraph charts; records; release of results of polygraphic examination.

NRS 648.199 Availabilityof charts and records of examination to other polygraphic examiners.

UNLAWFUL ACTS; PENALTIES

NRS 648.200 Divulgenceof information; false reports.

NRS 648.203 Unlawfulto allow employee without work card to work; exception; use of fingerprints todetermine criminal history.

NRS 648.205 Waiverof liability prohibited.

NRS 648.210 Penalties.

_________

GENERAL PROVISIONS

NRS 648.005 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS648.006 to 648.016, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1967, 1363; A 1985, 1332; 1987,2136; 1989, 1210)

NRS 648.006 Boarddefined. Board means the PrivateInvestigators Licensing Board.

(Added to NRS by 1967, 1363)

NRS 648.0065 Doghandler defined. Dog handler means anyperson who, for compensation, handles, supplies or trains dogs for the protectionor safety of persons or property.

(Added to NRS by 1971, 1087; A 1983, 734; 1985, 1333)

NRS 648.0067 Interndefined. Intern means a person who isinvolved in the study of polygraphic examinations and their administration.

(Added to NRS by 1985, 1328)

NRS 648.0069 Licensedefined. License means a license orcertificate issued pursuant to the provisions of this chapter.

(Added to NRS by 1985, 1328)

NRS 648.007 Licenseedefined. Licensee means any person who holdsa license or certificate issued pursuant to the provisions of this chapter.

(Added to NRS by 1967, 1363; A 1985, 1333)

NRS 648.008 Managerdefined. Manager means the individual underwhose direction, control, charge or management the business of a licensee isoperated.

(Added to NRS by 1967, 1363)

NRS 648.0103 Polygraphdefined. Polygraph means an instrument orelectronic or mechanical device which records or measures physiological effectsof psychological stimuli to permit the examiner or intern to form an opinionconcerning the veracity of statements made by the person examined.

(Added to NRS by 1985, 1328)

NRS 648.0106 Polygraphicexamination defined. Polygraphic examinationmeans the procedure by which an examiner or intern renders his expert opinionas to the veracity of statements made by the person examined.

(Added to NRS by 1985, 1328)

NRS 648.0109 Polygraphicexaminer and examiner defined. Polygraphicexaminer or examiner means a person who by virtue of his education, trainingand experience, is capable of conducting a valid and reliable polygraphicexamination.

(Added to NRS by 1985, 1328)

NRS 648.012 Privateinvestigator defined. Private investigatormeans any person who for any consideration engages in business or acceptsemployment to furnish, or agrees to make or makes any investigation for thepurpose of obtaining, information with reference to:

1. The identity, habits, conduct, business,occupation, honesty, integrity, credibility, knowledge, trustworthiness,efficiency, loyalty, activity, movement, whereabouts, affiliations,associations, transactions, acts, reputation or character of any person;

2. The location, disposition or recovery of lost orstolen property;

3. The cause or responsibility for fires, libels,losses, accidents or damage or injury to persons or to property;

4. Securing evidence to be used before any court,board, officer or investigating committee; or

5. The prevention, detection and removal ofsurreptitiously installed devices for eavesdropping or observation.

(Added to NRS by 1967, 1363; A 1985, 1333)

NRS 648.013 Privatepatrolman defined. Private patrolman meansa person engaged in the business of employing and providing for other personswatchmen, guards, patrolmen, uniformed officers to control traffic, bodyguardsor other persons for the purpose of protecting persons or property, includingarmored transport, to prevent the theft, loss or concealment of property of anykind or to investigate the theft, loss or concealment of property he has beenhired to protect.

(Added to NRS by 1967, 1363; A 1971, 869; 1973, 682;1985, 1333; 1991, 182)

NRS 648.014 Processserver defined. Process server means aperson, other than a peace officer of the State of Nevada, who engages in thebusiness of serving legal process within this State.

(Added to NRS by 1967, 1363; A 1985, 1333)

NRS 648.015 Repossessordefined. Repossessor means a person whoengages in business or accepts employment to locate or recover personalproperty which has been sold under a conditional sales agreement or which issubject to any other security interest.

(Added to NRS by 1967, 1364)

NRS 648.0155 Securityconsultant defined. Security consultantmeans a person licensed as a private patrolman or private investigator whoengages in the business of furnishing advice on the proper methods andequipment for providing security and protection for persons and property.

(Added to NRS by 1991, 182)

NRS 648.016 Securityguard defined. Security guard means aperson employed as a watchman, guard, security consultant, patrolman or in anyother similar position.

(Added to NRS by 1989, 1210)

NRS 648.017 Licenseas revocable privilege. The purpose oflicensing private investigators, private patrolmen, process servers,repossessors, dog handlers, security consultants, and polygraphic examiners andinterns is to protect the public safety and general welfare of the people ofthis State. Any license issued pursuant to this chapter is a privilege that maybe revoked in accordance with disciplinary procedures set forth in this chapterand in regulations adopted by the Board pursuant thereto, and no holder of sucha license acquires thereby any vested right.

(Added to NRS by 1997, 208)

NRS 648.018 Applicability. Except as to polygraphic examiners and interns, thischapter does not apply:

1. To any detective or officer belonging to the lawenforcement agencies of the State of Nevada or the United States, or of anycounty or city of the State of Nevada, while the detective or officer isengaged in the performance of his official duties.

2. To special police officers appointed by the policedepartment of any city, county, or city and county within the State of Nevadawhile the officer is engaged in the performance of his official duties.

3. To insurance adjusters and their associateadjusters licensed pursuant to the Nevada Insurance Adjusters Law who are nototherwise engaged in the business of private investigators.

4. To any private investigator, private patrolman,process server, dog handler or security consultant employed by an employerregularly in connection with the affairs of that employer if a bona fideemployer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.

5. To a repossessor employed exclusively by oneemployer regularly in connection with the affairs of that employer if a bonafide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.

6. To a person engaged exclusively in the business ofobtaining and furnishing information as to the financial rating of persons.

7. To a charitable philanthropic society orassociation incorporated under the laws of this State which is organized andmaintained for the public good and not for private profit.

8. To an attorney at law in performing his duties assuch.

9. To a collection agency unless engaged in businessas a repossessor, licensed by the Commissioner of Financial Institutions, or anemployee thereof while acting within the scope of his employment while makingan investigation incidental to the business of the agency, including aninvestigation of the location of a debtor or his assets and of property whichthe client has an interest in or lien upon.

10. To admitted insurers and agents and insurancebrokers licensed by the State, performing duties in connection with insurancetransacted by them.

11. To any bank organized pursuant to the laws of thisState or to any national bank engaged in banking in this State.

12. To any person employed to administer a program ofsupervision for persons who are serving terms of residential confinement.

[2:85:1947; 1943 NCL 5175.02] + [3:85:1947; A 1949,149; 1943 NCL 5175.03] + [4:85:1947; 1943 NCL 5175.04](NRS A 1967, 179,1362; 1969, 852; 1971, 1089, 1926, 1960; 1973, 686; 1983, 1709; 1985, 1343;1987, 1886; 1989, 655; 1991, 182; 1995, 97)

PRIVATE INVESTIGATORS LICENSING BOARD

NRS 648.020 Creation;members; Chairman; compensation of members and employees; representative ofgeneral public prohibited from participation in examination.

1. The Private Investigators Licensing Board,consisting of the Attorney General or his deputy and four members appointed bythe Governor, is hereby created.

2. The Governor shall appoint:

(a) One member who is a private investigator.

(b) One member who is a private patrolman.

(d) One member who is a representative of the generalpublic. This member must not be:

(1) A licensee; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of a licensee.

3. The Chairman of the Board is the Attorney Generalor a deputy attorney general designated by the Attorney General to act in thatcapacity.

4. Each member of the Board, except the Chairman, isentitled to receive:

(a) A salary of not more than $80, as fixed by theBoard, for each day or portion of a day during which he attends a meeting ofthe Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

5. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

6. The member who is a representative of the generalpublic shall not participate in preparing, conducting or grading anyexamination required by the Board.

[17:85:1947; A 1953, 323](NRS A 1967, 179, 1358;1969, 851; 1977, 1260; 1981, 1637; 1985, 1333; 1987, 2136; 1989, 1705; 2003, 1199)

NRS 648.025 Appointmentof Executive Director; employment of investigators and clerical personnel. The Board may:

1. Appoint an Executive Director who:

(a) Is in the unclassified service of the State; and

(b) Shall perform such duties as the Board may prescribe;and

2. Employ investigators and clerical personnelnecessary to carry out the provisions of this chapter.

(Added to NRS by 1995, 303)

NRS 648.030 Dutiesand powers.

1. The Board shall from time to time adopt regulationsto enable it to carry out the provisions of this chapter.

2. The Board shall classify licensees according to thetype of business in which they are engaged and may limit the field and scope ofthe operations of a licensee to those in which he is classified.

3. The Board shall establish the criteria for:

(a) Authorizing self-insurance maintained by licenseespursuant to NRS 648.135.

(b) Levying fines contained in notices of violationbased upon the following factors:

(1) The seriousness of the violation.

(2) The good faith of the person being charged.

(3) A persons history of previous violations.

4. The Board may by regulation fix qualifications oflicensees and of the directors and officers of corporate licensees necessary topromote the public welfare.

5. The Board may by regulation require licensees andtheir employees to attend courses in firearm safety conducted by instructorsapproved by the Board. The Board may require a licensee or his employee tocomplete a certain amount of training in firearm safety before he may bepermitted to carry a firearm in the course of his duties.

[19:85:1947; A 1953, 323](NRS A 1967, 1358; 1973,682; 1979, 930; 1981, 102; 1985, 1334; 1987, 2136; 1989, 1753)

NRS 648.033 Maintenanceand release of records by Board; confidentiality of certain records of Board;exceptions.

1. The Board shall maintain a public record of:

(a) The business it transacts at its regular andspecial meetings; and

(b) The applications received by it together with therecord of the disposition of each application.

2. Information obtained by the Board from other thanpublic sources concerning the:

(a) Financial condition; or

(b) Criminal record,

of anapplicant or a licensee is confidential and may be revealed only to the extentnecessary for the proper administration of the provisions of this chapter.

3. The Board may release information described insubsection 2 to an agency of the Federal Government, of a state or of apolitical subdivision of this State.

4. The Board shall adopt by regulation a procedure fornotifying the applicant or licensee of the release of confidential informationpursuant to subsections 2 and 3. The Board shall release information describedin subsection 2 concerning an applicant or licensee to the applicant orlicensee upon request.

5. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

6. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all other documents and information considered by the Boardwhen determining whether to impose discipline are public records.

7. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that is investigatinga person, including, without limitation, a law enforcement agency.

(Added to NRS by 1985, 1330; A 2005, 802)

NRS 648.036 Applicationto district court for release of confidential information possessed by Board. Except as otherwise provided in NRS 648.033, a person who wishes to obtaininformation possessed by the Board that is declared by law to be confidentialmust apply to the district court for an order directing the release of theinformation. The person shall give the Board, the Attorney General, and eachperson who may be affected by the order 10 days written notice of hisintention to make the application. The notice must include a copy of the motionand all papers that will be offered in support of the application. The noticeto persons other than the Board and the Attorney General may be made bypersonal delivery or by certified mail to the persons last known address.

(Added to NRS by 1985, 1329; A 1993, 2806)

NRS 648.039 Boardmay refuse to reveal identity of informant or information obtained from him;exception. Except in a proceeding brought bythe State, the Board may refuse to reveal the identity of an informant or theinformation obtained from the informant.

(Added to NRS by 1985, 1330)

NRS 648.040 Depositand use of money received pursuant to chapter; delegation of authority to takedisciplinary action; deposit of fines.

1. Except as otherwise provided in subsection 6, allmoney received pursuant to the provisions of this chapter must be deposited inthe State Treasury for credit to the Attorney Generals Special Fund and mustbe used by the Board for the administration of this chapter and to pay theexpenses and salary of members, agents and employees of the Board.

2. Any amount remaining in the Fund at the end of afiscal year must be carried forward into the next fiscal year.

3. The Board through majority vote controlsexclusively the expenditures from the Fund. The Board may not make expendituresor incur liabilities in a total amount greater than the amount of money actuallyavailable in the Fund.

4. Except as otherwise provided in subsection 6, themoney in this Fund may be used to:

(a) Pay the expenses of the Board in connection withthe investigation of the background of an applicant;

(b) Finance a substantive investigation of a licenseeor of unlicensed activity; and

and for suchother expenses as the Board deems appropriate to regulate the persons subjectto its supervision.

5. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate toa hearing officer or panel its authority to take any disciplinary actionpursuant to this chapter, impose and collect fines therefor and deposit themoney therefrom in the State Treasury for credit to the Attorney GeneralsSpecial Fund.

6. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 5, the Board shall deposit themoney collected from the imposition of fines with the State Treasurer forcredit to the State General Fund. In such a case, the Board may present a claimto the State Board of Examiners for recommendation to the Interim FinanceCommittee if money is needed to pay attorneys fees or the costs of aninvestigation, or both.

[22:85:1947; 1943 NCL 5175.22](NRS A 1967, 179,1359; 1969, 852; 1971, 869; 1977, 384; 1979, 120; 1983, 1544; 1985, 1334; 1993,892; 2005, 802)

NRS 648.045 Civilliability. A member of the Board or anemployee or agent of the Board is not liable in a civil action for any actperformed in good faith and within the scope of the duties of the Boardpursuant to the provisions of this chapter.

(Added to NRS by 1997, 209)

LICENSES

NRS 648.060 Licenseor work card required; employment of other persons by licensee.

1. No person may:

(a) Engage in the business of private investigator,private patrolman, process server, repossessor, dog handler, securityconsultant, or polygraphic examiner or intern; or

(b) Advertise his business as such, irrespective of thename or title actually used,

unless he islicensed pursuant to this chapter.

2. No person may be employed by a licensee unless theperson holds a work card issued by the sheriff of the county in which the workis to be performed. The provisions of this subsection do not apply to a personlicensed pursuant to this chapter.

3. A person licensed pursuant to this chapter mayemploy only another licensee, or a nonlicensed person who:

(a) Is at least 18 years of age.

(b) Is a citizen of the United States or lawfullyentitled to remain and work in the United States.

(d) Has not been convicted of a felony or a crimeinvolving moral turpitude or the illegal use or possession of a dangerousweapon.

[Part 5:85:1947; 1943 NCL 5175.05](NRS A 1967,1359; 1971, 1087; 1981, 1637; 1983, 734; 1985, 1335; 1987, 2137; 1989, 1210;1991, 183; 1997, 87)

NRS 648.061 Exemptionfrom required licensure as polygraphic examiner or intern.

1. A license as a polygraphic examiner or intern isnot required under this chapter of a person who conducts polygraphicexaminations solely in the performance of official duties for a federal, state,county or municipal law enforcement or investigative agency.

2. Persons who are exempt pursuant to subsection 1shall comply with all other provisions of this chapter.

3. Persons who are exempt and who meet therequirements of this chapter for a license as a polygraphic examiner or internmay apply to the Board for certification of their qualifications for a licensein the same manner as prescribed for licensing.

(Added to NRS by 1985, 1329)

NRS 648.063 Singleact for which license is required is violation. Anunlicensed person who performs a single act for which a license is required hasengaged in the business for which the license is required and, unless exempt fromlicensing, has violated NRS 648.060.

(Added to NRS by 1985, 1329)

NRS 648.065 Licensingof persons engaged in various occupations on July 1, 1967.

1. Any person who, on July 1, 1967, is duly andregularly licensed to conduct the business of private detective or act in thecapacity of private detective under the laws of this State shall not berequired to secure an additional license under this chapter. Any person solicensed shall for all purposes be considered licensed under this chapter forthe license period and shall be subject to all provisions thereof.

2. This chapter shall not be construed to interferewith the right of any person to continue to use the business name under whichsuch person was validly licensed on July 1, 1967.

3. Any person who on July 1, 1967, is lawfully engagedin this State in any of the occupations required to be licensed under thischapter may be so licensed or may renew such license without regard to anyqualification of education or experience prescribed by this chapter, but mustpossess all other qualifications required.

(Added to NRS by 1967, 1365)

NRS 648.070 Applicationfor license; fee; reexamination. Everyapplicant for a license pursuant to the provisions of this chapter must filewith the Board a written application accompanied by a nonrefundable fee of $100for each examination that the applicant wishes to take. The written applicationmust be in accordance with the following provisions:

1. If the applicant is a natural person theapplication must be signed and verified by him.

2. If the applicant is a firm or partnership theapplication must be signed and verified by each natural person composing orintending to compose the firm or partnership.

3. If the applicant is a corporation:

(a) The application must be signed and verified by thepresident, the secretary and the treasurer thereof, and must specify:

(1) The name of the corporation.

(2) The date and place of its incorporation.

(3) The amount of the corporations outstandingpaid-up capital stock.

(4) Whether this stock was paid for in cash orproperty, and if in property, the nature and description of the property.

(5) The name of the person or persons affiliatedwith the corporation who possess the qualifications required for a licenseunder this chapter.

(b) The application must be accompanied by a certifiedcopy of the corporations certificate of incorporation together with acertification from the Secretary of State that the corporation is in goodstanding and, if the corporation is a foreign corporation, a certification fromthe Secretary of State that the corporation is qualified to do business in thisState.

(c) The successor to every such officer or a directorshall, before entering upon the discharge of his duties, sign and verify a likestatement, approved in like manner as this chapter prescribes for an individualsignatory to an application and shall transmit the statement to the Board.

(d) In the event of the death, resignation or removalof such an officer or a director, notice of that fact must be given in writingto the Board within 10 days after the death, resignation or removal. The Boardshall conduct such an investigation of the successor pursuant to NRS 648.100 as it deems necessary to verifythe successors qualifications.

4. If the applicant fails to pass the examinationrequired by NRS 648.100 he must not bereexamined until he has paid another fee of $100 to cover the cost ofreexamination.

5. If the applicant is applying for a license as a doghandler, the application must be accompanied by an additional fee of $100 tocover the costs of an examination in the field. If the applicant fails to passthe examination or cancels the examination within 48 hours before the timescheduled for it, he may not be reexamined in the field until he has paid anadditional fee of $100.

The formsfor applications, including the instructions, may be obtained from the officeof the Board. The Board shall, by regulation, charge a fee to cover the cost ofthe preparation of the forms and instructions.

[Part 6:85:1947; A 1949, 149; 1953, 323](NRS A 1967,1359; 1971, 870; 1973, 682; 1983, 734, 1601; 1985, 1335)

NRS 648.075 Incompleteapplication; time application valid; summary denial of invalid application;burden of proof; waiver of claim for damages resulting from application.

1. An applicant must answer all the questions andprovide all the information required by the application. The applicant mayinclude additional information on plain paper. If the Secretary determines thatthe application is incomplete, improperly completed or illegible, theapplication, together with all associated documents and any fees paid, must bereturned to the applicant without further action.

2. An application is valid for 6 months after the dateof filing with the Board. It is the responsibility of the applicant to complywith all procedures and necessary appearances in connection with an applicationbefore the expiration of the 6 months. The Board may, for good cause shown,extend the period.

3. The Board may summarily deny any application for alicense which is still pending before the Board 6 months after the date offiling.

4. The applicant has the burden of proving hisqualifications and suitability for the license.

5. By filing an application with the Board, anapplicant accepts the risk of adverse public notice, embarrassment, criticismor other action with respect to his application, and expressly waives any claimfor damages as a result thereof.

(Added to NRS by 1985, 1329)

NRS 648.080 Contentsof application. Every application for alicense must contain:

1. A detailed statement of the applicants personalhistory on the form specified by the Board. If the applicant is a corporation,the application must include such a statement concerning each officer anddirector.

2. A statement of the applicants financial conditionon the form specified by the Board. If the applicant is a corporation, theapplication must include such a statement concerning each officer and director.

3. A specific description of the location of theprincipal place of business of the applicant, the business in which he intendsto engage and the category of license he desires.

4. A complete set of fingerprints which the Board mayforward to the Central Repository for Nevada Records of Criminal History forsubmission to the Federal Bureau of Investigation for its report.

5. A recent photograph of the applicant or, if theapplicant is a corporation, of each officer and director.

6. Evidence supporting the qualifications of theapplicant in meeting the requirements for the license for which he is applying.

7. If the applicant is not a natural person, the fullname and residence address of each of its partners, officers, directors andmanager, and a certificate of filing of a fictitious name.

8. Such other facts as may be required by the Board toshow the good character, competency and integrity of each signatory.

[Part 6:85:1947; A 1949, 149; 1953, 323](NRS A 1967,1359; 1971, 1088; 1985, 1336; 2003, 2865)

NRS 648.083 Applicationto include social security number of applicant. Repealed.(See chapter 501, Statutesof Nevada 2005, at page 2818.)

NRS 648.085 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or work card; duty of Board. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) A natural person who applies for the issuance of alicense or work card issued pursuant to this chapter shall include the socialsecurity number of the applicant in the application submitted to the Board.

(b) A natural person who applies for the issuance orrenewal of a license or work card issued pursuant to this chapter shall submitto the Board the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completedand signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or work card; or

(b) A separate form prescribed by the Board.

3. A license or work card may not be issued or renewedby the Board pursuant to this chapter if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2176; A 2005, 2792, 2807)

NRS 648.085 Payment of child support: Submissionof certain information by applicant; grounds for denial of license or workcard; duty of Board. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings and expires by limitation 2 years afterthat date.]

1. In addition to any other requirements set forth inthis chapter, a natural person who applies for the issuance or renewal of alicense or work card issued pursuant to this chapter shall submit to the Boardthe statement prescribed by the Division of Welfare and Supportive Services ofthe Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or work card; or

(b) A separate form prescribed by the Board.

3. A license or work card may not be issued or renewedby the Board pursuant to this chapter if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(Added to NRS by 1997, 2176; A 2005, 2792, 2793, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 648.100 Examinations;investigation of applicants; grounds for refusing to grant license.

1. The Board shall require an applicant to pass awritten examination for an initial license and may require an applicant to passan oral examination. Examinations must be given at least four times a year.

2. The Board shall conduct such investigation of anapplicant, including the directors and officers of a corporate applicant, as itconsiders necessary. An applicant shall deposit with the Board at the time ofmaking an initial application for any license a fee of $750 for the firstcategory of license and $250 for each additional category of license for whichapplication is made, which must be applied to the cost of conducting theinvestigation. An individual applicant who is a resident of Nevada is liablefor the entire cost of the investigation up to a maximum cost of $1,500 for thefirst category of license and $500 for each additional category of license forwhich application is made. A corporate applicant or an individual applicant whois not a resident of Nevada is liable for the entire cost of the investigation.Each applicant must pay the entire fee for which he is liable before taking anexamination.

3. The Board may refuse to grant a license if itdetermines that the applicant has:

(a) Committed any act which if committed by a licenseewould be a ground for the suspension or revocation of a license under thischapter.

(b) Committed any act constituting dishonesty or fraud.

(d) Been refused a license under this chapter or had alicense revoked.

(e) Been an officer, director, partner or manager ofany firm, partnership, association or corporation which has been refused alicense under this chapter or whose license has been revoked.

(f) While unlicensed, performed any act for which alicense is required by this chapter.

(g) Knowingly made any false statement in hisapplication.

(h) Refused to provide any information required by theBoard.

4. The Board shall provide the applicant with a copyof the report of the investigation within a reasonable time after it receivesthe completed report.

[8:85:1947; A 1953, 323](NRS A 1967, 1360; 1973,683; 1983, 1602; 1985, 24, 1337; 1987, 2137)

NRS 648.110 Qualificationsof applicants; issuance of license.

1. Before the Board grants any license, the applicant,including each director and officer of a corporate applicant, must:

(a) Be at least 21 years of age.

(b) Be a citizen of the United States or lawfullyentitled to remain and work in the United States.

(d) Have no conviction of:

(1) A felony relating to the practice for whichthe applicant wishes to be licensed; or

(2) Any crime involving moral turpitude or theillegal use or possession of a dangerous weapon.

2. Each applicant, or the qualifying agent of acorporate applicant, must:

(a) If an applicant for a private investigators license,have at least 5 years experience as an investigator, or the equivalentthereof, as determined by the Board.

(b) If an applicant for a repossessors license, haveat least 5 years experience as a repossessor, or the equivalent thereof, asdetermined by the Board.

(c) If an applicant for a private patrolmans license,have at least 5 years experience as a private patrolman, or the equivalentthereof, as determined by the Board.

(d) If an applicant for a process servers license,have at least 2 years experience as a process server, or the equivalentthereof, as determined by the Board.

(e) If an applicant for a dog handlers license,demonstrate to the satisfaction of the Board his ability to handle, supply andtrain watchdogs.

(f) If an applicant for a license as an intern, have:

(1) Received:

(I) A baccalaureate degree from anaccredited college or university and have at least 1 years experience ininvestigation or polygraphic examination satisfactory to the Board;

(II) An associate degree from anaccredited college or university and have at least 3 years experience; or

(III) A high school diploma or itsequivalent and have at least 5 years experience; and

(2) Satisfactorily completed a basic course ofinstruction in polygraphic techniques satisfactory to the Board.

(g) If an applicant for a license as a polygraphicexaminer:

(1) Meet the requirements contained in paragraph(f);

(2) Have actively conducted polygraphicexaminations for at least 2 years;

(3) Have completed successfully at least 250polygraphic examinations, including at least 100 examinations concerningspecific inquiries as distinguished from general examinations for the purposeof screening;

(4) Have completed successfully at least 50polygraphic examinations, including 10 examinations concerning specificinquiries, during the 12 months immediately before the date of his application;and

(5) Have completed successfully at least 24hours of advanced polygraphic training acceptable to the Board during the 2 yearsimmediately before the date of his application.

(h) Meet other requirements as determined by the Board.

3. The Board, when satisfied from recommendations andinvestigation that the applicant is of good character, competency andintegrity, may issue and deliver a license to the applicant entitling him toconduct the business for which he is licensed, for the period which ends onJuly 1 next following the date of issuance.

4. For the purposes of this section, 1 year ofexperience consists of 2,000 hours of experience.

[9:85:1947; A 1953, 323](NRS A 1967, 1360; 1971,1088; 1973, 684; 1977, 1567; 1981, 1637; 1983, 735; 1985, 1337; 1997, 209; 2003, 2729)

NRS 648.115 Licensingof person licensed in another state. The Boardmay issue a license to any person who is licensed as a polygraphic examiner inanother state if:

1. The requirements for the license in thatjurisdiction at the time the license was issued are deemed by the Board to beequivalent to the requirements for a license in this State;

2. The jurisdiction extends the same privileges to aperson licensed in this State; and

3. The person submits the application and undergoesthe investigation required for licensing.

(Added to NRS by 1985, 1329)

NRS 648.120 Fees;license held in abeyance.

1. A license issued pursuant to this chapter may notbe issued or renewed until the applicant or licensee pays to the Board alicense fee prescribed by the Board in an amount not exceeding $500 for eachcategory of license being issued or renewed.

2. A license held in abeyance may not be renewed untilthe licensee pays to the Board a license fee prescribed by the Board in anamount not exceeding $100 for each category of license being renewed.

3. The license fee must be paid annually and is due onJuly 1. The Board may provide that the fee be reduced ratably for portions ofthe license period.

4. A license held in abeyance may be reinstated uponpayment to the Board of $100 for each category of license and the annuallicense fee prescribed pursuant to subsection 1 for each category of license.

5. The Board shall prescribe by regulation thecircumstances under which the Board will hold a license in abeyance.

[21:85:1947; 1943 NCL 5175.21](NRS A 1967, 1361;1977, 384; 1979, 930; 1981, 1043; 1983, 1603; 1985, 1339; 1989, 1753)

NRS 648.135 Licenseeto maintain insurance or act as self-insurer; minimum limits of liability;proof.

1. Before issuing any license or annual renewalthereof, the Board shall require satisfactory proof that the applicant orlicensee:

(a) Is covered by a policy of insurance for protectionagainst liability to third persons, with limits of liability in amounts notless than $200,000, written by an insurance company authorized to do businessin this State; or

(b) Possesses and will continue to possess sufficientmeans to act as a self-insurer against that liability.

2. Every licensee shall maintain the policy ofinsurance or self-insurance required by this section. The license of every suchlicensee is automatically suspended 10 days after receipt by the licensee ofnotice from the Board that the required insurance is not in effect, unlesssatisfactory proof of insurance is provided to the Board within that period.

3. Proof of insurance or self-insurance must be insuch a form as the Board may require.

(Added to NRS by 1973, 681; A 1985, 1339; 1987, 2137)

NRS 648.140 Rightsof licensees; local ordinances; unlicensed employees; quarterly reports.

1. Any license obtained pursuant to the provisions ofthis chapter gives the licensee or any bona fide employee of the licenseeauthority to engage in the type of business for which he is licensed in anycounty or city in the State of Nevada. A county or city shall not enactordinances regulating persons licensed pursuant to this chapter, except:

(a) Ordinances regulating the employer-employeerelationship of licensees and their unlicensed employees; and

(b) General business regulations designed to raiserevenue or assure compliance with building codes and ordinances or regulationsconcerning zoning and safety from fire.

2. Except for polygraphic examiners and interns, alicensee may employ, in connection with his business, as many unlicensedpersons as may be necessary, but at all times every licensee is accountable forthe good conduct of every person employed by him in connection with hisbusiness. Each licensee shall furnish the Board with the information requestedby it concerning all unlicensed employees, except clerical personnel, and shallnotify the Board within 10 days after such employees begin or terminate theiremployment.

3. The Board may by regulation require that a licenseepay registration fees for each of his unlicensed employees, except clericalemployees, and impose such terms and conditions in connection with those feesas it deems appropriate. The registration fee must not exceed $10 for eachunlicensed employee.

4. Each licensee shall report quarterly on formsprovided by the Board the name of each unlicensed employee employed by him atthe time of the report and the name of each unlicensed employee who has lefthis employ since the date of the last quarterly report. The report required bythis subsection is in addition to the reports required by subsection 2.

[10:85:1947; A 1953, 323] + [14:85:1947; 1943 NCL 5175.14](NRS A 1967, 1361; 1979, 930; 1985, 1340; 1987, 2138; 1991, 183)

NRS 648.142 Form,contents and posting of license; pocket cards; change of address; licenses notassignable.

1. The license, when issued, shall be in such form asmay be determined by the Board and shall include:

(a) The name of the licensee.

(b) The name under which the licensee is to operate.

(d) The expiration date of the license.

(e) If the licensee is a corporation, the name of theperson or persons affiliated with the corporation on the basis of whosequalifications such license is issued.

(f) The classification or classifications of work whichthe license authorizes.

2. The license shall at all times be posted in aconspicuous place in the principal place of business of the licensee.

3. Upon the issuance of a license, a pocket card ofsuch size, design and content as may be determined by the Board shall be issuedwithout charge to each licensee, if an individual, or if the licensee is aperson other than an individual, to its manager and to each of its officers,directors and partners, which card shall be evidence that the licensee is dulylicensed pursuant to this chapter. When any person to whom a card is issuedterminates his position, office or association with the licensee, the cardshall be surrendered to the licensee and within 5 days thereafter shall bemailed or delivered by the licensee to the Board for cancellation.

4. A licensee shall, within 30 days after such change,notify the board of any and all changes of his address, of the name under whichhe does business, and of any change in its officers, directors or partners.

5. A license issued under this chapter is notassignable.

(Added to NRS by 1967, 1364; A 1973, 684)

NRS 648.144 Expirationof licenses and pocket cards; renewals. A licenseissued under the provisions of this chapter and the cards issued pursuant to NRS 648.142 expire on June 30 of each year.A licensee desiring a renewal of his license must file an application forrenewal on or before June 30 on a form prescribed by the Board which isaccompanied by the fee prescribed pursuant to NRS648.120 and all information required to complete the application forrenewal. A renewal license for the next ensuing year must then be issuedtogether with renewal cards for the persons described in subsection 3 of NRS 648.142.

(Added to NRS by 1967, 1364; A 1989, 1754; 1997,2177; 2005, 2793,2807)

NRS 648.146 Forfeitedlicenses; reinstatement; fee. If a licenseefails to renew his license within the time fixed by NRS 648.144, his license is automaticallyforfeited, but may be reinstated within 30 days after the date of theforfeiture upon his compliance with the regulations of the Board, his submissionof an application and all information required to complete the application andpayment of a reinstatement fee of $100. Reinstatement of a forfeited licensedoes not prohibit the bringing of disciplinary proceedings for any actcommitted during the period of forfeiture.

(Added to NRS by 1967, 1364; A 1971, 870; 1985, 1340;1997, 2177; 2005,2793, 2807)

NRS 648.148 Addressof licensees principal place of business to be filed with Board; advertising.

1. Each licensee shall file with the Board thecomplete address of his principal place of business including the name andnumber of the street, or, if the street where the business is located is notnumbered, the number of the post office box. The Board may require the filingof other information for the purpose of identifying such principal place ofbusiness.

2. Every advertisement by a licensee soliciting oradvertising business shall contain his name and address as they appear in therecords of the Board.

(Added to NRS by 1967, 1364)

NRS 648.149 Branchoffices; fee.

1. Each licensee shall file in writing with the Boardthe address of each branch office and pay to the Board an annual fee of $50 foreach branch office registered. Within 10 days after the establishment, closingor changing of location of a branch office, a licensee shall notify the Boardin writing of that fact.

2. Upon the application of a licensee and theprepayment of the fee, the Board may issue a certificate for a branch office.

(Added to NRS by 1967, 1365; A 1985, 1340)

DISCIPLINARY PROCEEDINGS

NRS 648.150 Groundsfor disciplinary action. The Board maydiscipline any licensee for any of the following causes:

1. Conviction of a felony relating to the practice ofthe licensee or of any offense involving moral turpitude.

2. Violation of any of the provisions of this chapteror of a regulation adopted pursuant thereto.

3. A false statement by the licensee that any personis or has been in his employ.

4. Any unprofessional conduct or unfitness of thelicensee or any person in his employ.

5. Any false statement or the giving of any falseinformation in connection with an application for a license or a renewal orreinstatement of a license.

6. Any act in the course of the licensees businessconstituting dishonesty or fraud.

7. Impersonation or aiding and abetting an employee inthe impersonation of a law enforcement officer or employee of the United Statesof America, or of any state or political subdivision thereof.

8. During the period between the expiration of alicense for the failure to renew within the time fixed by this chapter and thereinstatement of the license, the commission of any act which would be a causefor the suspension or revocation of a license, or grounds for the denial of anapplication for a license.

9. Willful failure or refusal to render to a clientservices or a report as agreed between the parties and for which compensationhas been paid or tendered in accordance with the agreement of the parties.

10. Commission of assault, battery or kidnapping.

11. Knowing violation of any court order or injunctionin the course of business as a licensee.

12. Any act which is a ground for denial of anapplication for a license under this chapter.

13. Willfully aiding or abetting a person in aviolation of a provision of this chapter or a regulation adopted pursuantthereto.

[20:85:1947; 1943 NCL 5175.20](NRS A 1967, 1362;1973, 685; 1985, 1340; 2003,2730)

NRS 648.155 Additionalgrounds for disciplinary action against polygraphic examiners and interns. In addition to the causes specified in NRS 648.150, the Board may discipline anintern or polygraphic examiner if he has:

1. Demonstrated incompetence or a physical oremotional disability which prevents him from properly functioning as an internor polygraphic examiner;

2. Willfully made a false report of the results of apolygraphic examination; or

3. Accepted a fee contingent upon the outcome of apolygraphic examination.

(Added to NRS by 1985, 1332)

1. A private investigator licensed pursuant to thischapter shall not obtain or seek access to information from the Department ofMotor Vehicles pursuant to subsection 3 of NRS481.063 for any purpose other than a purpose that is directly related tohis investigation of an insurance claim.

2. If the Board finds that a violation of this sectionhas occurred, the Board shall, in addition to any other disciplinary action itdeems appropriate, suspend the license of the private investigator.

(Added to NRS by 1999, 1935; A 2001, 2634)

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense or work card issued pursuant to this chapter, the Board shall deem thelicense or work card issued to that person to be suspended at the end of the30th day after the date on which the court order was issued unless the Boardreceives a letter issued to the holder of the license or work card by thedistrict attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense or work card has complied with the subpoena or warrant or has satisfiedthe arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license or work cardissued pursuant to this chapter that has been suspended by a district courtpursuant to NRS 425.540 if the Boardreceives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwhose license or work card was suspended stating that the person whose licenseor work card was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

(Added to NRS by 1997, 2176; A 2005, 2807)

NRS 648.160 Investigationof complaints; issuance of notice of violation; compelling attendance ofwitnesses.

1. The Board may, upon its own motion:

(a) Investigate the actions of any person holding orclaiming to hold a license.

(b) Authorize a representative of the Board to issue anotice of violation to any licensee or applicant for a license who, based uponprobable cause, has violated a requirement of this chapter, or any standard,rule or order adopted or issued pursuant to this chapter.

2. The Board shall, upon the filing with it of averified written complaint by any person setting forth facts which, if proven,would constitute grounds for refusal, suspension or revocation of a license,investigate the actions of any person holding or claiming to hold a license.

3. The Board has the power of subpoena in anyproceeding before the Board pursuant to this chapter concerning the activity ofan unlicensed person or discipline of a licensee. If any person refuses torespond to a subpoena, the Board shall certify the facts to the district courtof the county where the hearing is being conducted. The court shall thereuponissue an order directing the person to appear before the court and show causewhy he should not be punished as for contempt. The order and a copy of thecertified statement must be served on the person. Thereafter the court hasjurisdiction of the matter. The same proceedings must be had, the samepenalties may be imposed and the person charged may purge himself of thecontempt in the same way, as in the case of a person who has committed acontempt in the trial of a civil action.

[Part 18:85:1947; A 1953, 323](NRS A 1971, 870;1987, 2139; 1989, 1754)

NRS 648.162 Noticeof violation: Contents; appeal.

1. Each notice of violation must:

(a) Be in writing and describe with particularity thenature of the violation, including a reference to the section of this chapteror the provision of the standard, rule, regulation or order alleged to havebeen violated; and

(b) Inform the violator of his right to appeal thenotice of violation.

2. The notice of violation may:

(a) Impose a fine not to exceed $1,000;

(b) Allow a reasonable period for the abatement of theviolation; or

3. A notice of violation may, by a notice of appealgiven in writing to the Board within 30 days after the date of the notice, beappealed as to the:

(a) Alleged violation;

(b) Amount of the fine;

(d) Procedural violations of the Board.

(Added to NRS by 1989, 1752)

NRS 648.164 Failureof licensee or applicant to comply with notice of violation is grounds forsuspension, revocation or denial of license.

1. The failure of a licensee to comply with a noticeof violation after it is final is a ground for suspension or revocation of hislicense.

2. The failure of an applicant for licensure to complywith a notice of violation after it is final is a ground for denial of thelicense.

(Added to NRS by 1989, 1752)

NRS 648.165 Issuanceof citations for unauthorized practice; administrative fines; appeal.

1. The Board may issue to a person who has violated NRS 648.060 a citation.

2. Such a citation must be in writing and describewith particularity the nature of the violation. The citation must also informthe person of the provisions of subsection 5. A separate citation must beissued for each such violation.

3. If appropriate, the citation must contain an orderof abatement fixing a reasonable time for abatement of the violation.

4. The Board shall assess an administrative fine of:

(a) For the first such violation, $2,500.

(b) For the second such violation, $5,000.

5. To appeal the finding of such a violation, theperson must request a hearing by written notice of appeal to the Board within30 days after the date of issuance of the citation.

(Added to NRS by 1993, 289)

NRS 648.166 Hearingafter receipt of appeal; notice of hearing.

1. The Board shall conduct a hearing within 90 daysafter receiving a notice of appeal from a person who has received a notice ofviolation or a citation except that:

(a) If the Board receives the notice of appeal lessthan 30 days before a regularly scheduled meeting, it may conduct the hearingwithin 120 days after receiving the notice of appeal; and

(b) The Board may continue the date of the hearing forgood cause shown.

2. The Board shall deliver or send by registered orcertified mail a notice of hearing to all parties at least 10 days before thedate of the hearing.

(Added to NRS by 1989, 1753; A 1993, 289)

NRS 648.170 Contentsof complaint; notice and hearing.

1. The complaint referred to in NRS 648.160 must be a written statement ofcharges which must set forth in ordinary and concise language the acts oromissions with which the respondent is charged. It must specify the statute orregulation which the respondent is alleged to have violated, but must notconsist merely of charges raised in the language of the statute or regulation.

2. Upon the filing of the complaint, the Board shallserve a copy of the complaint upon the respondent either personally, or byregistered or certified mail at his address on file with the Board.

3. Except as provided in subsection 4, the respondentmust answer within 20 days after the service of the complaint. In his answerthe respondent:

(a) Must state in short and plain terms his defenses toeach claim asserted.

(b) Must admit or deny the facts alleged in thecomplaint.

(c) Must state which allegations he is withoutknowledge or information to form a belief as to their truth. Such allegationsshall be deemed denied.

(d) Must affirmatively set forth any matter whichconstitutes an avoidance or affirmative defense.

(e) May demand a hearing. Failure to demand a hearingconstitutes a waiver of the right to a hearing and to judicial review of anydecision or order of the Board, but the Board may order a hearing even if therespondent waives his right to a hearing.

4. Failure to answer or to appear at the hearingconstitutes an admission by the respondent of all facts alleged in thecomplaint. The Board may take action based on such an admission and on otherevidence without further notice to the respondent. If the Board takes actionbased on such an admission, it shall include in the record which evidence wasthe basis for the action.

5. The Board shall determine the time and place of thehearing as soon as reasonably practical after receiving the respondentsanswer. The Board shall deliver or send by registered or certified mail anotice of hearing to all parties at least 10 days before the hearing.

6. The Board may delegate the authority to conduct oneor more disciplinary hearings to a hearing officer. If it does so, the hearingofficer shall within 30 days after the date of a hearing submit findings offact and proposed conclusions of law and recommendations to the Board for itsdetermination.

7. At the time and place fixed in the notice, theBoard or the hearing officer shall proceed to hear the charges.

8. The Board or hearing officer may grant a continuanceof a hearing upon a showing of good cause.

[Part 18:85:1947; A 1953, 323](NRS A 1969, 95; 1973,686; 1977, 94, 384; 1981, 103; 1985, 1341)

NRS 648.174 Disciplinaryaction not precluded by correction of conditions resulting from wrongful acts. If a licensee or applicant for a license has engaged inrepeated acts which would be grounds for disciplinary action, but has correctedthe conditions resulting from those acts, the correction of those conditionsdoes not preclude the Board or its authorized representative from taking actionagainst the person pursuant to NRS 648.160.

(Added to NRS by 1989, 1752)

NRS 648.175 Authorizeddisciplinary action; orders imposing discipline deemed public records.

1. If, after notice and a hearing as required by law,the Board finds that cause exists, the Board may:

(a) Revoke the license of the licensee.

(b) Suspend the license of the licensee for not morethan 1 year for each violation.

(d) Suspend an order authorized by this section uponsuch terms and conditions as the Board considers appropriate.

(e) Place the licensee on probation for not more than 2years upon such terms and conditions as the Board considers appropriate.

(f) Publicly reprimand the licensee.

(g) Affirm, modify or vacate the penalty imposed by anotice of violation.

2. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1973, 682; A 1985, 1342; 1989, 1754;1993, 893; 2003, 3474;2005, 803)

NRS 648.177 Dutyto surrender license upon notice of suspension, revocation or refusal to renew. Upon receiving written notification of a suspension,revocation or refusal to renew a license, the holder of the license shallimmediately surrender his license to the Board.

(Added to NRS by 1985, 1329)

NRS 648.178 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals. Repealed. (Seechapter 225, Statutesof Nevada 2005, at page 807.)

NRS 648.181 Injunctiverelief; civil penalty.

1. The Board may apply to any court of competentjurisdiction to enjoin any person who has engaged or is about to engage in anyact which violates any provision of this chapter or any regulation adopted bythe Board.

2. Such an injunction:

(a) May be issued without proof of actual damagesustained by any person.

(b) Does not preclude criminal prosecution andpunishment of a violator.

3. In addition to issuing the injunction, the courtmay impose a civil penalty not to exceed $10,000 if the person has violated aprovision of NRS 648.060.

(Added to NRS by 1977, 383; A 1987, 2139)

POLYGRAPHIC EXAMINATIONS

NRS 648.183 Polygraphicexamination must meet minimum standards and be administered by licensed personbefore considered or accepted into evidence. Inany matter involving the well-being, employment or liability of a person,another person shall not consider or accept into evidence an opinion resultingfrom a polygraphic examination unless the examination:

1. Meets the minimum standards established by thischapter; and

2. Was administered by a person who holds a validlicense as a polygraphic examiner or intern or is qualified as a polygraphicexaminer or intern and exempt from the requirement of licensing.

(Added to NRS by 1985, 1330)

NRS 648.185 Approvalof polygraph required; conditional approval.

1. Each instrument used to conduct a polygraphicexamination must be of a type approved by the Board. The Board shall approveinstruments which:

(a) Are of commercial manufacture;

(b) Visually, permanently and simultaneously record ona moving graph, physiological effects, including cardiovascular activity,respiratory activity and changes in skin resistance, as well as any otheractivity which the Board deems relevant to the purposes of a polygraphicexamination; and

2. Nothing in this chapter restricts the developmentof instruments or electronic or mechanical devices to record physiologicalevents for the purpose of forming an opinion concerning the veracity of astatement made by the person examined.

3. The Board may grant conditional approval toinstruments for use in research.

(Added to NRS by 1985, 1330)

NRS 648.187 Personexamined must be advised of right to refuse to answer incriminating ordegrading questions. Except in the case of aninvestigation of its own affairs conducted by a law enforcement agency, anexaminer or intern shall, before beginning a polygraphic examination, informthe person examined that he has the right to refuse to answer any questions ifhis answer would tend to incriminate or degrade him.

(Added to NRS by 1985, 1331)

NRS 648.189 Explanationof purpose of examination; consent; prohibited purposes. A polygraphic examination must not be conducted:

1. Unless the person examined is advised of thepurpose of the examination.

2. Unless the person examined consents to it inwriting.

3. For the purpose of interfering with or preventinglawful activities of organized labor.

4. If the person examined is less than 18 years ofage, unless the written consent of a parent or legal guardian has been obtainedafter the parent or guardian has been informed of the nature of the examinationand the matters to be covered.

5. To circumvent or in defiance of the law.

(Added to NRS by 1985, 1331)

NRS 648.191 Techniquefor conducting examination. In conducting apolygraphic examination, an examiner or intern shall use only standard andwidely accepted techniques based on comparison of the reaction to relevantquestions and to questions asked as a control or techniques based on comparisonof peaks of tension. All questions used during the examination must be reviewedwith the person examined before being used. Minor modification of technique,not affecting its integrity, may be used when necessary or appropriate for theissue under investigation.

(Added to NRS by 1985, 1331)

NRS 648.193 Inquiriesinto examinees religion, political affiliation, sexual activities oraffiliation with labor organization prohibited; exception. During a polygraphic examination, the examiner or internshall not make inquiries into the religion, political affiliations,affiliations with labor organizations or sexual activities of the personexamined unless his religion or those affiliations or activities are germane tothe issue under investigation and the inquiries are made at the request of theperson examined.

(Added to NRS by 1985, 1331)

NRS 648.195 Opinionof examiner.

1. An examiner or intern shall not render a written ororal opinion based upon his analysis of polygraphic charts withoutadministering two or more charts with the same questions on at least two of thecharts.

2. An examiner or intern shall not render an opinionbased upon analysis of polygraphic charts without affording the person examinedan opportunity to explain any physiological effects recorded on those chartswhich indicate deception on the part of the person examined.

3. The opinion of an examiner or intern with regard toa polygraphic examination may refer only to truth or deception on the part ofthe person examined. An examiner or intern may not give an opinion as to theguilt or innocence of the person examined. An examiner or intern may indicatethe persons knowledge of elements of an act as shown by analysis ofpolygraphic charts obtained during the conduct of examinations which measurepeaks of tension.

4. An examiner or intern shall advise the personexamined of his opinion concerning the persons veracity within a reasonabletime after the examination.

(Added to NRS by 1985, 1331)

NRS 648.197 Chronologicallog; polygraph charts; records; release of results of polygraphic examination.

1. Each examiner or intern shall maintain achronological log of all polygraphic examinations which he administers. The logmust include the date of each examination, the name of the person examined, andan identifying case or file number.

2. All polygraphic charts must be identified with thename of the person examined, the date of the examination, an identifying caseor file number and the signature or initials of the examiner or intern.

3. The records of a polygraphic examination, includingthe written consent of the person examined, the questions asked, notes andcharts obtained during the examination, must be maintained in a manner whichprotects their confidentiality by the examiner or intern or his employer, for aperiod of not less than 3 years.

4. Except when ordered to do so by a court ofcompetent jurisdiction, or as otherwise provided by law, a person who possessesthe results of a polygraphic examination or information obtained during apolygraphic examination shall not release the results or the informationobtained without the written consent of the person examined.

(Added to NRS by 1985, 1332)

NRS 648.199 Availabilityof charts and records of examination to other polygraphic examiners. An examiner or intern may make charts and other records ofan examination available to another polygraphic examiner or intern or group ofpolygraphic examiners or interns, including the Board and its representatives,for the purpose of consultation or review under conditions which ensure theconfidentiality of the examination and its results.

(Added to NRS by 1985, 1332)

UNLAWFUL ACTS; PENALTIES

NRS 648.200 Divulgenceof information; false reports. It is unlawfulfor any licensee or any employee, security guard, officer or member of anylicensee:

1. To divulge to anyone, except as he may be sorequired by law to do, any information acquired by him except at the directionof the employer or client for whom the information was obtained.

2. To make a false report to his employer or client.

[Part 15:85:1947; 1943 NCL 5175.15](NRS A 1989,1210)

NRS 648.203 Unlawfulto allow employee without work card to work; exception; use of fingerprints todetermine criminal history.

1. Except as otherwise provided in subsection 2, it isunlawful for a person to:

(a) Allow an employee, including an independentcontractor, to perform any work regulated pursuant to the provisions of thischapter unless the employee holds a work card authorizing his work which isissued by the sheriff of the county in which the work is performed. Theprovisions of this paragraph do not apply to a person licensed pursuant to thischapter.

(b) Work as a security guard unless he holds a workcard authorizing his work as a security guard issued in accordance withapplicable ordinances by the sheriff of the county in which the work isperformed.

2. The provisions of subsection 1 do not apply in anycounty whose population is less than 100,000, but this subsection does notprohibit a board of county commissioners from adopting similar restrictions byordinance.

3. The sheriff of any county in which suchrestrictions apply shall require any person applying for such a work card tosubmit a complete set of his fingerprints to the sheriff who may forward thefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation to determine theapplicants criminal history.

(Added to NRS by 1989, 1210; A 1991, 184; 1997, 210; 2003, 2865)

NRS 648.205 Waiverof liability prohibited. A person shall not requestany person examined to sign a waiver limiting the liability of the examiner orintern. Any such waiver is void.

(Added to NRS by 1989, 15)

NRS 648.210 Penalties. A person who violates any of the provisions of NRS 648.060 to 648.205, inclusive:

1. For the first violation is guilty of a misdemeanor.

2. For the second and subsequent violations, is guiltyof a gross misdemeanor.

[Part 5:85:1947; 1943 NCL 5175.05] + [15:85:1947;1943 NCL 5175.15](NRS A 1967, 645; 1971, 1090; 1985, 1343; 1989, 1211)

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