US Laws, Codes, Statutes & Cases

Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES

CHAPTER 622 - GENERAL PROVISIONS GOVERNING REGULATORY BODIES

GENERAL PROVISIONS

NRS 622.005            Definitions.

NRS 622.020            “Immediate relative” defined.

NRS 622.030            “License” defined.

NRS 622.040            “Licensee” defined.

NRS 622.050            “Member of a regulatory body” defined.

NRS 622.060            “Regulatory body” defined.

REGULATORY DUTIES

NRS 622.080            Duty to enforce provisions of title for protection and benefit of public.

REPORTS

NRS 622.100            Reports of disciplinary action; duties of Director of Legislative Counsel Bureau.

NRS 622.110            Reports of regulatory activities; contents of reports; duties of Director of Legislative Counsel Bureau.

ADMINISTRATION AND PERSONNEL

NRS 622.200            Training of members.

NRS 622.210            Conditions and limitations regarding employment of person whose immediate relative is licensee of regulatory body.

NRS 622.220            Conditions and limitations regarding employment of person as executive director or executive secretary or in similar position.

NRS 622.230            Conditions and limitations regarding contracting with person to provide services as independent contractor.

REGULATORY PROCEEDINGS; RECORDS

NRS 622.300            Duty of licensee to disclose certain information regarding immediate relatives.

NRS 622.310            Certain medical information and records protected from disclosure.

NRS 622.320            Inapplicability of Open Meeting Law to certain investigatory proceedings; applicability of Open Meeting Law to certain disciplinary proceedings.

NRS 622.330            Consent and settlement agreements: Procedure for approving; deemed public records; exceptions.

NRS 622.340            Requirements for meetings conducted by audio or video teleconference.

NRS 622.350            Certain meetings conducted outside State prohibited.

NRS 622.360            Disciplinary proceedings: Licensee required to submit fingerprints; additional grounds for disciplinary action.

ATTORNEY’S FEES AND COSTS

NRS 622.400            Recovery of attorney’s fees and costs incurred by regulatory body in certain regulatory proceedings.

NRS 622.410            Recovery of attorney’s fees and costs incurred by regulatory body in certain judicial actions.

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GENERAL PROVISIONS

      NRS 622.005  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 622.020 to 622.060, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 1185, 3416)

      NRS 622.020  “Immediate relative” defined.  “Immediate relative” means:

      1.  A spouse.

      2.  A parent, by blood, marriage or adoption.

      3.  A child, by blood, marriage or adoption.

      (Added to NRS by 2003, 1185)

      NRS 622.030  “License” defined.  “License” means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

      (Added to NRS by 2003, 1185, 3416)

      NRS 622.040  “Licensee” defined.  “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

      (Added to NRS by 2003, 1185, 3416)

      NRS 622.050  “Member of a regulatory body” defined.  “Member of a regulatory body” means a person who is serving as a member or officer of a regulatory body.

      (Added to NRS by 2003, 1185)

      NRS 622.060  “Regulatory body” defined.  “Regulatory body” means:

      1.  Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and

      2.  Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.

      (Added to NRS by 2003, 1185, 3416; A 2005, 752)

REGULATORY DUTIES

      NRS 622.080  Duty to enforce provisions of title for protection and benefit of public.  In regulating an occupation or profession pursuant to this title, each regulatory body shall carry out and enforce the provisions of this title for the protection and benefit of the public.

      (Added to NRS by 2003, 1185, 3417)

REPORTS

      NRS 622.100  Reports of disciplinary action; duties of Director of Legislative Counsel Bureau.

      1.  Each regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau a summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against any licensee of the regulatory body.

      2.  The Director of the Legislative Counsel Bureau shall:

      (a) Provide any information he receives pursuant to subsection 1 to a member of the public upon request;

      (b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

      (c) Transmit a compilation of the information he receives pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      (Added to NRS by 2001, 947; A 2003, 1186, 3418)

      NRS 622.110  Reports of regulatory activities; contents of reports; duties of Director of Legislative Counsel Bureau.

      1.  Each regulatory body shall, on or before November 1 of each even-numbered year, submit a report of its activities to the Director of the Legislative Counsel Bureau.

      2.  The report must include, without limitation:

      (a) The number of licenses issued by the regulatory body during the immediately preceding 2 fiscal years;

      (b) A summary of the budget of the regulatory body during the immediately preceding 2 fiscal years that is related to the duties of the regulatory body pursuant to this title, including, without limitation, a description of all income and expenditures related to such duties;

      (c) A summary of each disciplinary action taken by the regulatory body during the immediately preceding 2 fiscal years against any licensee of the regulatory body; and

      (d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the regulatory body is necessary.

      3.  The Director of the Legislative Counsel Bureau shall compile all the reports he receives and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, which each shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

      (Added to NRS by 2001, 947; A 2003, 1187, 3418)

ADMINISTRATION AND PERSONNEL

      NRS 622.200  Training of members.  As soon as practicable after a person is first appointed to serve as a member of a regulatory body, the person must be provided with:

      1.  A written summary of the duties and responsibilities of a member of the regulatory body; and

      2.  Training on those duties and responsibilities by the Attorney General. The training must include, without limitation, instruction related to the audit that is required by NRS 218.825, except that a person who is a member of the Nevada State Board of Accountancy is not required to be provided with instruction related to that audit.

      (Added to NRS by 2003, 1185)

      NRS 622.210  Conditions and limitations regarding employment of person whose immediate relative is licensee of regulatory body.  Except as otherwise provided in NRS 622.220, a regulatory body may not employ a person whose immediate relative is a licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is employed by the regulatory body from participating in any activities that are directly related to the licensee.

      (Added to NRS by 2003, 1186)

      NRS 622.220  Conditions and limitations regarding employment of person as executive director or executive secretary or in similar position.  If a regulatory body employs a person as an executive director or executive secretary or in a position with powers and duties similar to those of an executive director or executive secretary, the person:

      1.  Must possess a level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position; and

      2.  Must not be the immediate relative of:

      (a) A member or employee of the regulatory body; or

      (b) A licensee of the regulatory body.

      (Added to NRS by 2003, 1186)

      NRS 622.230  Conditions and limitations regarding contracting with person to provide services as independent contractor.  A regulatory body may not contract with a person to provide services to the regulatory body as an independent contractor if the person is the immediate relative of:

      1.  A member or employee of the regulatory body; or

      2.  A licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is the independent contractor from participating in any activities that are directly related to the licensee.

      (Added to NRS by 2003, 1186)

REGULATORY PROCEEDINGS; RECORDS

      NRS 622.300  Duty of licensee to disclose certain information regarding immediate relatives.  If a licensee of a regulatory body appears before the regulatory body concerning any matter that is within the jurisdiction of the regulatory body, the licensee must disclose, to the best of his knowledge, whether an immediate relative of the licensee:

      1.  Is employed by the regulatory body; or

      2.  Has any financial, business, professional or personal relationship with a member or employee of the regulatory body.

      (Added to NRS by 2003, 1186)

      NRS 622.310  Certain medical information and records protected from disclosure.  If any provision of this title requires a regulatory body to disclose information to the public in any proceeding or as part of any record, such a provision does not apply to any personal medical information or records of a patient that are confidential or otherwise protected from disclosure by any other provision of federal or state law.

      (Added to NRS by 2003, 3417)

      NRS 622.320  Inapplicability of Open Meeting Law to certain investigatory proceedings; applicability of Open Meeting Law to certain disciplinary proceedings.

      1.  The provisions of NRS 241.020 do not apply to proceedings relating to an investigation conducted to determine whether to proceed with disciplinary action against a licensee, unless the licensee requests that the proceedings be conducted pursuant to those provisions.

      2.  If the regulatory body decides to proceed with disciplinary action against the licensee, all proceedings that are conducted after that decision and are related to that disciplinary action are subject to the provisions of NRS 241.020.

      (Added to NRS by 2003, 3417)

      NRS 622.330  Consent and settlement agreements: Procedure for approving; deemed public records; exceptions.

      1.  Except as otherwise provided in this section, a regulatory body may not enter into a consent or settlement agreement with a person who has allegedly committed a violation of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body, unless the regulatory body discusses and approves the terms of the agreement in a public meeting.

      2.  A regulatory body that consists of one natural person may enter into a consent or settlement agreement without complying with the provisions of subsection 1 if:

      (a) The regulatory body posts notice in accordance with the requirements for notice for a meeting held pursuant to chapter 241 of NRS and the notice states that:

             (1) The regulatory body intends to resolve the alleged violation by entering into a consent or settlement agreement with the person who allegedly committed the violation; and

             (2) For the limited time set forth in the notice, any person may request that the regulatory body conduct a public meeting to discuss the terms of the consent or settlement agreement by submitting a written request for such a meeting to the regulatory body within the time prescribed in the notice; and

      (b) At the expiration of the time prescribed in the notice, the regulatory body has not received any requests for a public meeting regarding the consent or settlement agreement.

      3.  If a regulatory body enters into a consent or settlement agreement that is subject to the provisions of this section, the agreement is a public record.

      4.  The provisions of this section do not apply to a consent or settlement agreement between a regulatory body and a licensee that provides for the licensee to enter a diversionary program for the treatment of alcohol, chemical or substance abuse or dependency.

      (Added to NRS by 2003, 3417)

      NRS 622.340  Requirements for meetings conducted by audio or video teleconference.

      1.  Except as otherwise provided in NRS 622.330, notice of a meeting of a regulatory body, as required pursuant to NRS 241.020, must indicate whether the meeting will be conducted by an audio or video teleconference at one or more locations.

      2.  If a regulatory body conducts a meeting by an audio or video teleconference at a location specified in the notice pursuant to subsection 1, the regulatory body shall allow any person present at that location to participate in the meeting.

      3.  The provisions of this section do not prohibit a regulatory body from holding a closed meeting or preventing a person from participating in a meeting in accordance with chapter 241 of NRS.

      (Added to NRS by 2005, 2698)

      NRS 622.350  Certain meetings conducted outside State prohibited.

      1.  A regulatory body shall not hold a meeting at a location that is outside this State if:

      (a) The meeting is subject to the provisions of chapter 241 of NRS; and

      (b) During the meeting or any portion of the meeting, the regulatory body conducts any business relating to this title.

      2.  The provisions of subsection 1 do not prohibit a member of a regulatory body from attending an educational seminar, retreat for professional development or similar activity that is conducted outside this State.

      (Added to NRS by 2005, 2697)

      NRS 622.360  Disciplinary proceedings: Licensee required to submit fingerprints; additional grounds for disciplinary action.

      1.  If a regulatory body initiates disciplinary proceedings against a licensee pursuant to this title, the licensee shall, within 30 days after the licensee receives notification of the initiation of the disciplinary proceedings, submit to the regulatory body a complete set of his 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.

      2.  The willful failure of the licensee to comply with the requirements of subsection 1 constitutes an additional ground for the regulatory body to take disciplinary action against the licensee, including, without limitation, suspending or revoking the license of the licensee.

      3.  A regulatory body has an additional ground for taking disciplinary action against the licensee if:

      (a) The report from the Federal Bureau of Investigation indicates that the licensee has been convicted of an unlawful act that is a ground for taking disciplinary action against the licensee pursuant to this title; and

      (b) The regulatory body has not taken any prior disciplinary action against the licensee based on that unlawful act.

      4.  To the extent possible, the provisions of this section are intended to supplement other statutory provisions governing disciplinary proceedings. If there is a conflict between such other provisions and the provisions of this section, the other provisions control to the extent that the other provisions provide more specific requirements regarding the discipline of a licensee.

      (Added to NRS by 2005, 2698)

ATTORNEY’S FEES AND COSTS

      NRS 622.400  Recovery of attorney’s fees and costs incurred by regulatory body in certain regulatory proceedings.

      1.  A regulatory body may recover from a person reasonable attorney’s fees and costs that are incurred by the regulatory body as part of its investigative, administrative and disciplinary proceedings against the person if the regulatory body:

      (a) Enters a final order in which it finds that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; or

      (b) Enters into a consent or settlement agreement in which the regulatory body finds or the person admits or does not contest that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body.

      2.  As used in this section, “costs” means:

      (a) Costs of an investigation.

      (b) Costs for photocopies, facsimiles, long distance telephone calls and postage and delivery.

      (c) Fees for court reporters at any depositions or hearings.

      (d) Fees for expert witnesses and other witnesses at any depositions or hearings.

      (e) Fees for necessary interpreters at any depositions or hearings.

      (f) Fees for service and delivery of process and subpoenas.

      (g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.

      (Added to NRS by 2003, 3417)

      NRS 622.410  Recovery of attorney’s fees and costs incurred by regulatory body in certain judicial actions.  A court shall award to a regulatory body reasonable attorney’s fees and reasonable costs specified in NRS 18.005 that are incurred by the regulatory body to bring or defend in any action if:

      1.  The action relates to the imposition or recovery of an administrative or civil remedy or penalty, the enforcement of any subpoena issued by the regulatory body or the enforcement of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; and

      2.  The court determines that the regulatory body is the prevailing party in the action.

      (Added to NRS by 2003, 3418)