NRS 624.115 Employment of necessary personnel; authority of Board to require criminal investigators employed by Board to perform certain duties and exercise certain powers.

NRS 624.120 Seal.

NRS 624.135 Fiscal year.

NRS 624.140 Use of money received by Board; delegation of authority concerning disciplinary action; deposit of certain money into Construction Education Account.

NRS 624.150 Election and duties of Treasurer; disposition of money.

NRS 624.160 Administration of chapter; provision of information to public concerning contractors and contracting; advisory opinions.

NRS 624.165 Investigation of constructional fraud.

NRS 624.170 Administration of oaths; taking of testimony and proofs; issuance of subpoenas.

NRS 624.180 Service of process.

NRS 624.190 Action by district court to compel attendance of witness or production of records, books or papers.

NRS 624.200 Deposition of witness.

NRS 624.210 Right of party to compel attendance of witness or taking of deposition.

NRS 624.212 Violation of chapter: Cease and desist order; injunction; fine.

CLASSIFICATIONS

NRS 624.215 Contracting business.

NRS 624.218 Classification for persons who construct or improve community antenna television systems.

NRS 624.220 Contractors.

LICENSES

NRS 624.240 Issuance of licenses; use of examinations to investigate, classify and qualify applicants; additional qualifications for master’s license; transitory provision.

NRS 624.241 Program for issuance of license in expedited manner.

NRS 624.245 Prohibition of certain violators from examination.

NRS 624.250 Application for license: Contents; fee; contributions to Construction Education Account.

NRS 624.253 Application for one or more classifications; additional application and fee for license may be required.

NRS 624.254 Issuance or renewal of license under name likely to result in confusion or mistake prohibited.

NRS 624.2545 Denial of application for issuance or renewal of license: Notice; request for hearing; hearing.

NRS 624.256 Proof of industrial insurance; notification of Fraud Control Unit for Industrial Insurance of failure to obtain industrial insurance.

NRS 624.260 Applicant or licensee to demonstrate experience, knowledge and financial responsibility; qualifications concerning experience and knowledge; limitations on qualifications of natural person.

NRS 624.262 Financial responsibility of applicant or licensee: Demonstration required.

NRS 624.263 Financial responsibility of applicant or licensee: Standards and criteria for determination.

NRS 624.264 Financial responsibility of applicant or licensee: Additional requirements for certain applicants and licensees engaged in residential construction.

NRS 624.265 Good character of applicant or licensed contractor and certain associates; grounds for establishment of lack of good character; background investigation; confidentiality of results of background investigation; fee for processing fingerprints; Board may obtain criminal history.

NRS 624.268 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 624.268 Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Board. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 624.270 Bond and deposit: Requirements; amount; conditions.

NRS 624.273 Bond and deposit: Person benefited; actions; payment by surety without action by court; interpleader by surety or Board; preferred claims; prohibited claims.

NRS 624.275 Bond and deposit: Notice of claim paid against contractor’s bond by surety; cancellation of contractor’s bond by surety; notification to contractor of claim against or cancellation of bond; duties of Board and contractor; revocation or suspension of license.

NRS 624.276 Bond and deposit: Additional requirements for contractors performing work concerning residential pools or spas.

NRS 624.280 Regulations concerning fees; limitation on amount.

NRS 624.281 Fee for license issued in expedited manner; reimbursement to Board for costs and expenses; regulations concerning application for license issued in expedited manner.

NRS 624.282 Inactive status of license: Application; effect; duration; regulations.

NRS 624.283 License: Expiration; renewal; financial statement; reinstatement; cancellation.

NRS 624.284 License: Limitation of scope.

NRS 624.285 Termination of association of natural person qualifying by examination on behalf of another natural person or firm: Notice; replacement with qualified natural person.

NRS 624.288 Display of name and license on motor vehicle.

HEARINGS

NRS 624.291 Hearing required if Board suspends or revokes license, has probable cause to believe that person has engaged in unlawful advertising or imposes administrative fine for unlicensed actions; exception.

DISCIPLINARY ACTION

General Provisions

NRS 624.295 Member of Board authorized to inform Executive Officer of allegation of ground for disciplinary action; action by Executive Officer.

NRS 624.300 Disciplinary actions against licensee; private reprimands prohibited; orders imposing discipline deemed public records; deposit of fines in Construction Education Account.

Grounds for Disciplinary Action

NRS 624.301 Abandonment or failure to complete or prosecute diligently project for construction; willful failure to comply with terms of contract or written warranty.

NRS 624.3011 Disregard of plans, specifications, laws or regulations.

NRS 624.3012 Diversion of money; failure to pay for materials or services; failure to release lien against property to be improved.

NRS 624.3013 Failure to keep records or maintain bond; misrepresentation; failure to establish financial responsibility or comply with law or regulations of Board.

NRS 624.3014 Misuse of license; evasion of law.

NRS 624.3015 Acting beyond scope of license; contract with unlicensed contractor; constructing or repairing mobile home, manufactured home or commercial coach; engaging in work that requires license while license is inactive.

NRS 624.3016 Fraudulent or deceitful acts; criminal conviction; improper acts involving liens; improper acts involving residential pools and spas; failure to make required disclosure; failure to pay assessment; improper acts involving contract for public work.

NRS 624.30165 Unfair business practices: Misrepresentations involving need for service, replacement parts, equipment or repairs; false or misleading statements.

NRS 624.3017 Substandard workmanship; incomplete advertising; advertising projects beyond scope of license.

NRS 624.30175 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Expires by limitation 2 years after the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 624.3018 Certain persons prohibited from serving as officer, director, associate or partner of licensee.

NRS 624.302 Contracting, offering to contract or submitting bid if license is suspended, revoked or inactive; failure to comply with written citation or pay administrative fine; suspension or revocation of license in other state or disciplinary action in other state; failure or refusal to respond to or comply with written requests of Board.

NRS 624.305 Unlawful use, assignment or transfer of license; revocation of license.

Proceedings

NRS 624.320 Allegation and proof of license in action on contract.

NRS 624.323 Licensee subject to disciplinary proceeding must submit financial statement and other information to Board; authority of Board to take certain actions to protect public.

NRS 624.327 Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records.

NRS 624.331 Complaint against licensee must be written and filed within certain period.

NRS 624.335 Investigation of complaint by Investigations Office; notification of actions taken; resolution of complaint by Investigations Office; forwarding of complaint to appropriate agency for resolution.

NRS 624.341 Administrative citation; order to take corrective action.

NRS 624.345 Contest of administrative citation by licensee or applicant: Time limit; effect of failure to contest citation within time limit; extension of time to contest citation; service of citation.

NRS 624.351 Contest of administrative citation by licensee or applicant: Hearing.

NRS 624.355 Annual review of complaints by Board; report to Governor and Legislature; duty to inform public.

NRS 624.361 Regulations.

RECOVERY FUND

NRS 624.400 Definitions.

NRS 624.410 “Account” defined.

NRS 624.420 “Injured person” defined.

NRS 624.430 “Owner” defined.

NRS 624.440 “Qualified services” defined.

NRS 624.450 “Residential contractor” defined.

NRS 624.460 “Subsequent owner” defined.

NRS 624.470 Establishment of account; reference to account as “Recovery Fund”; collection of annual assessment; reduction in amount of assessment under certain circumstances; use of money in account.

NRS 624.480 Limitation on time to file complaint seeking recovery.

NRS 624.490 Application to Board for satisfaction of judgment from account.

NRS 624.500 Hearing on complaint; limitation on time for acting on complaint.

NRS 624.510 Eligibility for recovery from account; maximum amount of individual recovery from account; Board subrogated to rights of injured person; maximum amount of recovery from account for claims against individual contractor.

NRS 624.520 Contractor to notify owner of rights related to account; written statement; administrative fine for noncompliance.

NRS 624.530 Board retains authority to pursue disciplinary action against residential contractor.

NRS 624.540 Annual statement of condition of account to Legislature; employment of necessary persons; procurement of necessary equipment, supplies and services; interest credited to account; limit on expenditures.

NRS 624.550 Minimum balance in account.

NRS 624.560 Regulations.

COMMISSION ON CONSTRUCTION EDUCATION

NRS 624.570 Creation; members; expenses; duties; powers; regulations.

NRS 624.580 Construction Education Account; administration.

DISCLOSURES

NRS 624.600 Required disclosures by general building contractor.

NRS 624.605 Availability to contractor of names and addresses of subcontractors delinquent in payment of contributions for unemployment or industrial insurance.

RIGHTS, DUTIES AND LIABILITIES UNDER CERTAIN AGREEMENTS FOR WORKS OF IMPROVEMENT

General Provisions

NRS 624.606 Definitions.

NRS 624.607 “Higher-tiered contractor” defined.

NRS 624.608 “Lower-tiered subcontractor” defined.

NRS 624.6084 “Owner” defined.

NRS 624.6086 “Prime contractor” defined.

Agreements Between Owner and Prime Contractor

NRS 624.609 Payment of prime contractor during performance of agreement; grounds and procedure for withholding amounts from payment; rights and duties after notice of withholding, notice of objection or notice of correction.

NRS 624.610 Grounds and procedure for stopping work or terminating agreement; change orders; damages and other remedies; rights of lower-tiered subcontractors; limitations on liability.

NRS 624.620 Payment of prime contractor after work of improvement is available for use or occupancy; grounds and procedure for withholding amounts from payment; rights and duties after notice of withholding or notice of correction; partial payments.

NRS 624.622 Requirements concerning notices; prohibited provisions; exemptions; requests for information.

Agreements Between Higher-Tiered Contractor and Lower-Tiered Subcontractor

NRS 624.624 Payment of lower-tiered subcontractor; grounds and procedure for withholding amounts from payment; rights and duties after notice of withholding, notice of objection or notice of correction.

NRS 624.626 Grounds and procedure for stopping work or terminating agreement; change orders; damages and other remedies; rights of lower-tiered subcontractors after work stoppage or termination of agreement; limitations on liability.

NRS 624.628 Requirements concerning notices; prohibited provisions; requests for information.

Payment Of Interest

NRS 624.630 Accrual of interest on money due; rate of interest.

UNLAWFUL ACTS; PENALTIES

NRS 624.700 Engaging in business or submitting bid without license unlawful; prosecution; damages; bid submitted in violation of section void.

NRS 624.710 Administrative fine for engaging in business or submitting bid without license; fine cumulative; action for fine; deposit of fine in Construction Education Account.

NRS 624.720 Unlawful advertising; disconnection of telephone number or beeper listed in unlawful advertisement.

NRS 624.730 Unlawful to sit for examination on behalf of another; unlawful to provide any portion of examination to another.

NRS 624.740 Unlawful to act in joint venture or combination without additional license.

NRS 624.750 Other unlawful acts or omissions; penalties for unlawful acts and omissions.

PROSECUTION OF VIOLATIONS

NRS 624.800 Statute of limitations for certain violations.

RESIDENTIAL SWIMMING POOLS AND SPAS

NRS 624.900 Definitions.

NRS 624.905 “Contract” defined.

NRS 624.910 “Contractor” defined.

NRS 624.915 “Work concerning a residential pool or spa” defined.

NRS 624.920 License or other authorization required to perform work concerning residential pool or spa.

NRS 624.925 Classifications of licensing.

NRS 624.930 Contractor and subcontractor required to obtain permits and meet certain requirements; certain owner-builders required to submit information regarding bonds and insurance; supervision and control of work; license or other authorization required to perform certain acts for owner-builder.

NRS 624.935 Duties of contractor regarding commencement, performance and completion of work; contract to explain rights of customer; conditions for final payment.

NRS 624.940 Mandatory elements and required information in contracts; contractor to furnish copy of signed documents and receipt for money paid; certain contracts void; contractor to apply for and obtain necessary permits.

NRS 624.945 Standards for advertisements; prohibited advertising practices.

NRS 624.950 Limitations on contractor’s involvement with entities engaged in certain lending and financial services.

NRS 624.955 Limitations on certain lending and financial practices.

NRS 624.960 Contractor who commits certain violations may be required to obtain services of construction control.

NRS 624.965 Grounds for disciplinary action; unlawful acts; penalties.

_________

GENERAL PROVISIONS

NRS 624.005 Legislative declaration. The Legislature declares that the provisions of this chapter relating to the discipline of licensees are intended to promote public confidence and trust in the competence and integrity of licensees and to protect the health, safety and welfare of the public.

(Added to NRS by 1989, 526)

NRS 624.006 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 624.010 to 624.029, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 1896, 2139; A 2005, 1223)

NRS 624.010 “Board” defined. “Board” means the State Contractors’ Board.

(Added to NRS by 2003, 1899, 2140)

NRS 624.015 “Construction control” defined. “Construction control” has the meaning ascribed to it in NRS 627.050.

(Added to NRS by 2003, 1897)

NRS 624.020 “Contractor” synonymous with “builder”; “contractor” defined.

1. “Contractor” is synonymous with “builder.”

2. A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, offers to undertake to, purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the Board or any court of this State as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.

3. A contractor includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.

4. A contractor includes a construction manager who performs management and counseling services on a construction project for a professional fee.

5. A contractor does not include an owner of a planned unit development who enters into one or more oral or written agreements with one or more general building contractors or general engineering contractors to construct a work of improvement in the planned unit development if the general building contractors or general engineering contractors are licensed pursuant to this chapter and contract with the owner of the planned unit development to construct the entire work of improvement.

[2:Art. II:186:1941; A 1955, 378] + [3:Art. II:186:1941; 1931 NCL § 1474.11]—(NRS A 1975, 831; 1977, 319; 1997, 1037; 2001, 1621; 2003, 1899, 2140; 2005, 1223)

NRS 624.024 “Knowingly” defined. “Knowingly” imports a knowledge that the facts exist which constitute the act or omission, and does not require knowledge of the prohibition against the act or omission. Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent person upon inquiry.

(Added to NRS by 2003, 2139)

NRS 624.027 “Planned unit development” defined. “Planned unit development” has the meaning ascribed to it in NRS 278A.065.

(Added to NRS by 2005, 1223)

NRS 624.029 “Work of improvement” defined. “Work of improvement” has the meaning ascribed to it in NRS 108.22188.

(Added to NRS by 2005, 1223, 1721)

NRS 624.031 Applicability of chapter: Exemptions. The provisions of this chapter do not apply to:

1. Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State.

2. An officer of a court when acting within the scope of his office.

3. Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.

4. An owner of property who is building or improving a residential structure on the property for his own occupancy and not intended for sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.

5. An owner of a complex containing not more than four condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer, who performs work to repair or maintain that property the value of which is less than $500, including labor and materials, unless:

(a) A building permit is required to perform the work;

(b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

(c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;

(d) The work is performed as a part of a larger project:

(1) The value of which is $500 or more; or

(2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

(e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.

6. The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.

7. The construction, alteration, improvement or repair of personal property.

8. The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.

9. An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his use or occupancy and not intended for sale or lease.

[1:Art. III:186:1941; A 1951, 47] + [2:Art. III:186:1941; 1943 NCL § 1474.14] + [3:Art. III:186:1941; A 1951, 47] + [4:Art. III:186:1941; A 1947, 307; 1951, 47] + [5:Art. III:186:1941; 1931 NCL § 1474.17] + [6:Art. III:186:1941; 1931 NCL § 1474.18] + [7:Art. III:186:1941; A 1951, 47] + [9:Art. III:186:1941; A 1947, 307; 1943 NCL § 1474.21]—(NRS A 1975, 1167; 1987, 1730; 1989, 1629; 1997, 2019, 3162; 2001, 2409)

NRS 624.033 Applicability of chapter: Contract pertaining to federal aid. If any provision or condition contained in this chapter conflicts with any provision of federal law, or a rule or regulation made under federal law pertaining to federal aid contracts, such provision in conflict with the federal law, rule or regulation does not apply on federal aid contracts to the extent such conflict exists, but all provisions of this chapter with which there is no such conflict do apply to federal aid contracts.

[1:Art. VIII:186:1941; 1931 NCL § 1474.33]—(NRS A 1969, 940)—(Substituted in revision for NRS 624.340)

NRS 624.035 County or municipality may impose additional requirements for contractor’s license. The provisions of this chapter shall not be construed to prevent the governing body of any county or incorporated city requiring an additional contractor’s license within such political subdivision issued subject to the applicant meeting such additional standards as are reasonable and necessary for the protection of the public in the political subdivision.

[5:Art. VIII:186:1941; added 1955, 378]—(Substituted in revision for NRS 624.350)

STATE CONTRACTORS’ BOARD

NRS 624.040 Creation; number and appointment of members. There is hereby created the State Contractors’ Board to consist of seven members to be appointed by the Governor.

[Part 1:Art. I:186:1941; 1931 NCL § 1474.01]

NRS 624.050 Qualifications of members.

1. Six members of the Board must each:

(a) At the time of appointment, hold an unexpired license to operate as a contractor.

(b) Be a contractor actively engaged in the contracting business and must have been so engaged for not less than 5 years preceding the date of his appointment.

2. One member of the Board must be a representative of the general public. This member must not be:

(a) A licensed contractor; or

(b) The spouse or the parent or child, by blood, marriage or adoption, of a licensed contractor.

[2:Art. I:186:1941; 1931 NCL § 1474.02]—(NRS A 1985, 47; 2003, 1188)

NRS 624.070 Certificate of appointment; oath of office. Each member of the Board shall:

1. Receive a certificate of appointment from the Governor.

2. Before entering upon the discharge of the duties of his office, take the constitutional oath of office.

[4:Art. I:186:1941; 1931 NCL § 1474.04]

NRS 624.080 Regular and special meetings; notice.

1. The Board shall hold such meetings as may be necessary for the purpose of transacting its business.

2. Four members of the Board may call a special meeting at any time.

3. Due notice of each meeting and of the time and place thereof shall be given each member in the manner provided by the bylaws.

[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]

NRS 624.090 Quorum. Four members of the Board shall constitute a quorum.

[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]

NRS 624.100 Appointment of committees; adoption of bylaws, rules of procedure and regulations; advisory committees.

1. The Board may appoint such committees and make such reasonable bylaws, rules of procedure and regulations as are necessary to carry out the provisions of this chapter.

2. The Board may establish advisory committees composed of its members or employees, homeowners, contractors or other qualified persons to provide assistance with respect to fraud in construction, or in any other area that the Board considers necessary.

3. If the Board establishes an advisory committee, the Board shall:

(a) Select five members for the committee from a list of volunteers approved by the Board; and

(b) Adopt rules of procedure for informal conferences of the committee.

4. If the Board establishes an advisory committee, the members:

(a) Serve at the pleasure of the Board.

(b) Serve without compensation, but must be reimbursed for travel expenses necessarily incurred in the performance of their duties. The rate must not exceed the rate provided for state officers and employees generally.

(c) Shall provide a written summary report to the Board, within 15 days after the final informal conference of the committee, that includes recommendations with respect to actions that are necessary to reduce and prevent the occurrence of fraud in construction, or on such other issues as requested by the Board.

5. The Board is not bound by any recommendation made by an advisory committee.

[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]—(NRS A 1997, 2687)

NRS 624.105 Designation of Ombudsman for Residential Pools and Spas; duties.

1. The Board shall designate an employee as Ombudsman for Residential Pools and Spas.

2. The Ombudsman for Residential Pools and Spas shall:

(a) Assist owners of single-family residences and contractors to understand their rights and responsibilities as set forth in NRS 624.900 to 624.965, inclusive, and any regulations adopted pursuant thereto.

(b) Notify the Board if it appears that any person has engaged in any act or practice that constitutes a violation of any of the provisions of this chapter or any regulations adopted pursuant thereto.

(Added to NRS by 2001, 2980)

NRS 624.110 Offices; maintenance, inspection and confidentiality of records and reports.

1. The Board may maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter, but it shall maintain one office in which there must be at all times open to public inspection a complete record of applications, licenses issued, licenses renewed and all revocations, cancellations and suspensions of licenses.

2. Except as otherwise required in NRS 624.327, credit reports, references, financial information and data pertaining to a licensee’s net worth are confidential and not open to public inspection.

[1:Art. V:186:1941; 1931 NCL § 1474.27]—(NRS A 1963, 145; 1967, 1592; 1987, 1138; 2003, 1899, 3422)

NRS 624.112 Investigations Office: Establishment; Units; qualifications of investigators.

1. The Board shall:

(a) Establish an Investigations Office to enforce the provisions of this chapter. The Investigations Office must include a Special Investigations Unit consisting of criminal investigators and a Compliance Investigations Unit consisting of compliance investigators.

(b) Adopt regulations setting forth the qualifications required for investigators employed to carry out this section.

2. As used in this section, “criminal investigator” means a person authorized to perform the duties set forth in subsection 2 of NRS 624.115.

(Added to NRS by 1999, 2950)

NRS 624.115 Employment of necessary personnel; authority of Board to require criminal investigators employed by Board to perform certain duties and exercise certain powers.

1. The Board may employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

2. The Board may require criminal investigators who are employed by the Board pursuant to NRS 624.112 to:

(a) Conduct a background investigation of:

(1) A licensee or an applicant for a contractor’s license; or

(2) An applicant for employment with the Board;

(b) Locate and identify persons who:

(1) Engage in the business or act in the capacity of a contractor within this State in violation of the provisions of this chapter;

(2) Submit bids on jobs situated within this State in violation of the provisions of this chapter; or

(3) Otherwise violate the provisions of this chapter or the regulations adopted pursuant to this chapter;

(d) Issue a misdemeanor citation prepared manually or electronically pursuant to NRS 171.1773 to a person who violates a provision of this chapter that is punishable as a misdemeanor. A criminal investigator may request any constable, sheriff or other peace officer to assist him in the issuance of such a citation.

(Added to NRS by 1963, 145; A 1995, 926; 1999, 2954; 2001, 213; 2003, 1899)

NRS 624.120 Seal. The Board shall adopt a seal for its own use. The seal must have imprinted thereon the words “State Contractors’ Board, State of Nevada.” The Executive Officer has the care and custody of the seal. A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the Board.

[7:Art. I:186:1941; 1931 NCL § 1474.07]—(NRS A 1985, 1052; 1999, 2178)

NRS 624.135 Fiscal year. The Board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 145)

NRS 624.140 Use of money received by Board; delegation of authority concerning disciplinary action; deposit of certain money into Construction Education Account.

1. Except as otherwise provided in subsection 3, if money becomes available from the operations of this chapter and payments made for licenses, the Board may pay from that money:

(a) The expenses of the operations of this chapter, including the maintenance of offices.

(b) The salary of the Executive Officer who must be named by the Board.

(c) A salary to each member of the Board of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board.

(d) A per diem allowance and travel expenses for each member and employee of the Board, at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

2. The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions or savings and loan associations in this State.

3. Except as otherwise provided in NRS 624.520, if a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2, the Board shall deposit any money collected from the imposition of fines with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

[2:Art. V:186:1941; 1931 NCL § 1474.28]—(NRS A 1963, 146; 1975, 302; 1981, 1991; 1985, 1052; 1989, 1694; 1993, 883; 1999, 1528; 2001, 2411)

NRS 624.150 Election and duties of Treasurer; disposition of money.

1. The Board shall elect one of its members as Treasurer.

2. All money received by the Board shall be turned over to the Treasurer who shall keep books of account and who is authorized to deposit the money in banks, credit unions or savings and loan associations in the State of Nevada, and to expend money necessary for the operation of the Board under the terms of this chapter when the expenses have been approved by the Board.

3. All balances at any time in the possession of the Treasurer shall be subject to legislative disposition.

[3:Art. V:186:1941; 1931 NCL § 1474.29]—(NRS A 1963, 146; 1999, 1529)

NRS 624.160 Administration of chapter; provision of information to public concerning contractors and contracting; advisory opinions.

1. The Board is vested with all of the functions and duties relating to the administration of this chapter.

2. The Board shall:

(a) Carry out a program of education for customers of contractors.

(b) Maintain and make known a telephone number for the public to obtain information about self-protection from fraud in construction and other information concerning contractors and contracting.

3. The Board may provide advisory opinions and take other actions that are necessary for the effective administration of this chapter and the regulations of the Board.

[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]—(NRS A 1997, 2687)

NRS 624.165 Investigation of constructional fraud.

1. The Board shall:

(a) Designate one or more of its employees for the investigation of constructional fraud;

(b) Cooperate with other local, state or federal investigative and law enforcement agencies, and the Attorney General;

(c) Assist the Attorney General or any official of an investigative or a law enforcement agency of this State, any other state or the Federal Government who requests assistance in investigating any act of constructional fraud; and

(d) Furnish to those officials any information concerning its investigation or report on any act of constructional fraud.

2. The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

(a) Arrests;

(b) Guilty pleas;

(d) Probation;

(e) Parole;

(f) Bail;

(g) Complaints; and

(h) Final dispositions,

Ê for the investigation of constructional fraud.

3. For the purposes of this section, constructional fraud occurs if a person engaged in construction knowingly:

(a) Misapplies money under the circumstances described in NRS 205.310;

(b) Obtains money, property or labor by false pretense as described in NRS 205.380;

(c) Receives payments and fails to state his own true name, or states a false name, contractor’s license number, address or telephone number of the person offering a service;

(d) Diverts money or commits any act of theft, forgery, fraud or embezzlement, in connection with a construction project, that violates a criminal statute of this State;

(e) Acts as a contractor without:

(1) Possessing a contractor’s license issued pursuant to this chapter; or

(2) Possessing any other license required by this State or a political subdivision of this State;

(f) In any report relating to a contract for a public work, submits false information concerning a payroll to a public officer or agency; or

(g) Otherwise fails to disclose a material fact.

(Added to NRS by 1997, 2686; A 1999, 2954; 2003, 1900, 2140)

NRS 624.170 Administration of oaths; taking of testimony and proofs; issuance of subpoenas.

1. Any member of the Board or the Executive Officer may take testimony and proofs concerning all matters within the jurisdiction of the Board.

2. The Board or any member thereof, or the Executive Officer, may:

(a) Administer oaths.

(b) Certify to all official acts.

(c) Issue subpoenas for the attendance of witnesses and the production of records, books and papers in connection with any hearing, investigation or other proceeding of the Board.

[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS A 1985, 1052; 1987, 1046; 1999, 2955)

NRS 624.180 Service of process.

1. Any process issued by the Board or the Executive Officer may extend to all parts of the State and may be served by an investigator for the Board or any person authorized to serve process of courts of record.

2. The Board may compensate any person serving the process who is not an investigator for the Board, but not more than the fees prescribed by law for similar service. The fees must be paid in the same manner as other expenses of the Board are paid.

[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS A 1985, 1055; 1987, 1046)

NRS 624.190 Action by district court to compel attendance of witness or production of records, books or papers.

1. The district court in and for the county in which any hearing, investigation or other proceeding is held by the Board may compel the attendance of witnesses, the giving of testimony and the production of records, books and papers as required by any subpoena issued by the Board or the Executive Officer.

2. In case of the refusal of any witness to attend or testify or produce any items required by the subpoena, the Board may report to the district court in and for the county in which the hearing, investigation or other proceeding will be held by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance of the witness or the production of the records, books or papers;

(b) The witness has been subpoenaed in the manner prescribed in this chapter; and

(c) The witness has failed and refused to attend or produce the items required by subpoena before the Board in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of the hearing, investigation or other proceeding,

Ê and ask an order of the court compelling the witness to attend and testify or produce the records, books or papers before the Board.

3. The court, upon petition of the Board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended or testified or produced the records, books or papers before the Board. A certified copy of the order must be served upon the witness.

4. If it appears to the court that the subpoena was regularly issued by the Board or the Executive Officer, the court shall thereupon enter an order that the witness appear before the Board at the time and place fixed in the order and testify or produce the required records, books or papers. Upon failure to obey the order, the witness must be dealt with as for contempt of court.

[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS A 1987, 1046; 1999, 2955)

NRS 624.200 Deposition of witness. The Board may in any hearing, investigation or other proceeding before it cause the depositions of witnesses residing within or without the State to be taken in the manner prescribed by the Nevada Rules of Civil Procedure for like depositions in civil actions in the district courts of this State, and to that end may compel the attendance of witnesses and the production of records, books and papers.

[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS A 1987, 1047; 1999, 2956)

NRS 624.210 Right of party to compel attendance of witness or taking of deposition. Any party to any hearing, investigation or other proceeding before the Board has the right to the attendance of witnesses in his behalf at the hearing, investigation or other proceeding or upon deposition as set forth in this chapter upon making a request therefor to the Board and designating the person sought to be subpoenaed.

[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS A 1987, 1047; 1999, 2956)

NRS 624.212 Violation of chapter: Cease and desist order; injunction; fine.

1. The Executive Officer, on behalf of the Board, shall issue an order to cease and desist to any person:

(a) Acting as a contractor, including, without limitation, commencing work as a contractor; or

(b) Submitting a bid on a job situated in this State,

Ê without an active license of the proper classification issued pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt.

2. If it appears that any person has engaged in acts or practices which constitute a violation of this chapter or the violation of an order issued pursuant to subsection 1, the Board may request the Attorney General, the district attorney of the county in which the alleged violation occurred or the district attorney of any other county in which that person maintains a place of business or resides to apply on behalf of the Board to the district court for an injunction restraining him from acting in violation of this chapter. Upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The Board as plaintiff in the action is not required to prove any irreparable injury.

3. In seeking injunctive relief against any person for an alleged violation of NRS 624.700, it is sufficient to allege that the person did, upon a certain day and in a certain county of this State:

(a) Act as a contractor, including, without limitation, commence work as a contractor; or

(b) Submit a bid on a job situated in this State,

Ê without having an active license of the proper classification issued pursuant to this chapter, without alleging any further or more particular facts concerning the matter.

4. The issuance of a restraining order or an injunction does not relieve the person against whom the restraining order or injunction is issued from criminal prosecution for practicing without a license.

5. If the court finds that a person willfully violated an order issued pursuant to subsection 1, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.

(Added to NRS by 1975, 1160; A 1983, 311, 509; 1987, 1047, 1138; 1995, 926; 2003, 2141)

CLASSIFICATIONS

NRS 624.215 Contracting business.

1. For the purpose of classification, the contracting business includes the following branches:

(a) General engineering contracting.

(b) General building contracting.

Ê General engineering contracting and general building contracting are mutually exclusive branches.

2. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.

3. A general building contractor is a contractor whose principal contracting business is in connection with the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in their construction the use of more than two unrelated building trades or crafts, upon which he is a prime contractor and where the construction or remodeling of a building is the primary purpose. Unless he holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he is a prime contractor on a project. A general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air-conditioning or fire protection without a license for the specialty. A person who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.

4. A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

5. This section does not prevent the Board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom, usage and procedure found in the building trades. The Board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.

(Added to NRS by 1967, 1594; A 1971, 600; 1983, 311; 1997, 212, 2687)

NRS 624.218 Classification for persons who construct or improve community antenna television systems.

1. The Board shall adopt by regulation a classification of licensing for persons who construct or improve community antenna television systems. Except as otherwise provided in subsection 2, a person who engages in such construction, alteration or improvement must be licensed in this classification and may not be required to be licensed in any other classification.

2. The licensing requirements adopted pursuant to subsection 1 do not apply to a person who is engaged solely in the alteration or repair of antennae used by a community antenna television system.

(Added to NRS by 1989, 1997)

NRS 624.220 Contractors.

1. The Board shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the regulations of the Board.

2. The Board shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The Board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit must be determined after consideration of the factors set forth in NRS 624.260 to 624.265, inclusive.

3. A licensed contractor may request that the Board increase the monetary limit on his license, either on a permanent basis or for a single construction project. A request submitted to the Board pursuant to this subsection must be in writing on a form prescribed by the Board and accompanied by such supporting documentation as the Board may require. If a request submitted pursuant to this section is for a single construction project, the request must be submitted to the Board at least 2 working days before the date on which the licensed contractor intends to submit his bid for the project.

4. Nothing contained in this section prohibits a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

[1:Art. III—A:186:1941; added 1945, 296; 1943 NCL § 1474.21a]—(NRS A 1960, 353; 1963, 694; 1967, 1592; 1971, 180; 1979, 321; 1999, 2178, 2956)

LICENSES

NRS 624.240 Issuance of licenses; use of examinations to investigate, classify and qualify applicants; additional qualifications for master’s license; transitory provision.

1. Under reasonable regulations adopted by the Board, the Board may investigate, classify and qualify applicants for contractors’ licenses by written or oral examinations, or both, and may issue contractors’ licenses to qualified applicants. The examinations may, in the discretion of the Board, be given in specific classifications only.

2. If a natural person passes the technical examination given by the Board on or after July 1, 1985, to qualify him for a classification established pursuant to this chapter, demonstrates to the Board the degree of experience and knowledge required in the regulations of the Board, and is granted a license, he is qualified for a master’s license, if issued by any political subdivision, in the classification for which the examination was given, if the examination required him to demonstrate his knowledge and ability to:

(a) Utilize and understand;

(b) Direct and supervise work in compliance with; and

Ê the applicable codes, standards and regulations.

3. If a natural person qualified for a license before July 1, 1985, in accordance with NRS 624.260 in a trade for which a master’s license is required by any political subdivision, and if the license is active on or after July 1, 1985, and if the person so qualified wishes to obtain a master’s license, he must pass either the appropriate examination given by the Board on or after July 1, 1985, in accordance with NRS 624.260 and the regulations of the Board, or the examination given by the political subdivision in the trade for which a master’s license is required.

[1:Art. IV:186:1941; A 1945, 296; 1953, 521; 1955, 378]—(NRS A 1985, 1056)

NRS 624.241 Program for issuance of license in expedited manner. The Board may establish a program for the issuance of a license in an expedited manner. The Board shall not allow the operation of the program for the issuance of a license in an expedited manner to affect adversely the amount of time the Board requires to issue any other contractor’s license.

(Added to NRS by 1999, 2177)

NRS 624.245 Prohibition of certain violators from examination. The Board may prohibit a person who has been convicted of violating NRS 624.700 or 624.740 from taking a written or oral examination for a contractor’s license for a period of not more than 6 months from the date of his conviction.

(Added to NRS by 1975, 1159; A 1995, 927)

NRS 624.250 Application for license: Contents; fee; contributions to Construction Education Account.

1. To obtain or renew a license, an applicant must submit to the Board an application in writing containing:

(a) The statement that the applicant desires the issuance of a license under the terms of this chapter.

(b) The street address or other physical location of the applicant’s place of business.

(d) The street address or other physical location in this State and, if different, the mailing address, for service of process on the applicant.

(e) The names and physical and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.

(f) Any information requested by the Board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.

(g) All information required to complete the application.

2. The application must be:

(a) Made on a form prescribed by the Board in accordance with the rules and regulations adopted by the Board.

(b) Accompanied by the fee fixed by this chapter.

3. The Board shall include on an application form for the issuance or renewal of a license, a method for allowing an applicant to make a monetary contribution to the Construction Education Account created pursuant to NRS 624.580. The application form must state in a clear and conspicuous manner that a contribution to the Construction Education Account is voluntary and is in addition to any fees required for licensure. If the Board receives a contribution from an applicant, the Board shall deposit the contribution with the State Treasurer for credit to the Construction Education Account.

[2:Art. IV:186:1941; 1931 NCL § 1474.23]—(NRS A 1997, 2113; 1999, 2957; 2001, 2411; 2005, 2705, 2807)

NRS 624.253 Application for one or more classifications; additional application and fee for license may be required.

1. A licensee may make application for classification and be classified in one or more classifications if the licensee meets the qualifications prescribed by the Board for such additional classification or classifications.

2. An additional application and license fee may be charged for qualifying or classifying a licensee in additional classifications.

(Added to NRS by 1967, 1594)

NRS 624.254 Issuance or renewal of license under name likely to result in confusion or mistake prohibited. No license may be issued or renewed by the Board under a name which:

1. Is the same as the name of another licensee;

2. So resembles the name of another licensee that the Board determines that it is likely to result in confusion or mistake; or

3. The Board determines is likely to mislead the general public.

(Added to NRS by 1987, 1138; A 1993, 926)

NRS 624.2545 Denial of application for issuance or renewal of license: Notice; request for hearing; hearing.

1. If the Board denies an application for issuance or renewal of a license pursuant to this chapter, the Board shall send by certified mail, return receipt requested, written notice of the denial to the most current address of the applicant set forth in the records of the Board.

2. A notice of denial must include, without limitation, a statement which explains that the applicant has a right to a hearing before the Board if the applicant submits a written request for such a hearing to the Board within 60 days after the notice of denial is sent to the address of the applicant pursuant to this section.

3. If an applicant who receives a notice of denial pursuant to this section desires to have the denial reviewed at a hearing before the Board, he must submit a written request for a hearing before the Board concerning the denial within 60 days after the notice of denial is sent to his address. If an applicant does not submit notice in accordance with this subsection, the applicant’s right to a hearing shall be deemed to be waived.

4. Except as otherwise provided in this subsection, if the Board receives notice from an applicant pursuant to subsection 3, the Board shall hold a hearing on the decision to deny the application of the applicant within 90 days after the date the Board receives notice pursuant to subsection 3. If an applicant requests a continuance and the Board grants the continuance, the hearing required pursuant to this subsection may be held more than 90 days after the date the Board receives notice pursuant to subsection 3.

(Added to NRS by 2001, 2409)

NRS 624.256 Proof of industrial insurance; notification of Fraud Control Unit for Industrial Insurance of failure to obtain industrial insurance.

1. Before granting an original or renewal of a contractor’s license to any applicant, the Board shall require that the applicant submit to the Board:

(a) Proof of industrial insurance and insurance for occupational diseases which covers his employees;

(b) A copy of his certificate of qualification as a self-insured employer which was issued by the Commissioner of Insurance;

(c) If the applicant is a member of an association of self-insured public or private employers, a copy of the certificate issued to the association by the Commissioner of Insurance; or

(d) An affidavit signed by the applicant affirming that he is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS because:

(1) He has no employees;

(2) He is not or does not intend to be a subcontractor for a principal contractor; and

(3) He has not or does not intend to submit a bid on a job for a principal contractor or subcontractor.

2. The Board shall notify the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 whenever the Board learns that an applicant or holder of a contractor’s license has engaged in business as or acted in the capacity of a contractor within this State without having obtained industrial insurance or insurance for occupational diseases in violation of the provisions of chapters 616A to 617, inclusive, of NRS.

(Added to NRS by 1983, 541; A 1987, 1138; 1993, 781; 1995, 1879; 1999, 237)

1. The Board shall require an applicant or licensee to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the administrative principles of the contracting business as the Board deems necessary for the safety and protection of the public.

2. An applicant or licensee may qualify in regard to his experience and knowledge in the following ways:

(a) If a natural person, he may qualify by personal appearance or by the appearance of his responsible managing employee.

(b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of the applicant firm.

Ê If an applicant or licensee intends to qualify pursuant to this subsection by the appearance of another person, the applicant or licensee shall submit to the Board such information as the Board determines is necessary to demonstrate the duties and responsibilities of the other person so appearing with respect to the supervision and control of the operations of the applicant or licensee relating to construction.

3. The natural person qualifying on behalf of another natural person or firm under paragraphs (a) and (b) of subsection 2 must prove that he is a bona fide member or employee of that person or firm and when his principal or employer is actively engaged as a contractor shall exercise authority in connection with his principal or employer’s contracting business in the following manner:

(a) To make technical and administrative decisions;

(b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or through others, or effectively to recommend such action on behalf of his principal or employer; and

(c) To devote himself solely to his principal or employer’s business and not to take any other employment which would conflict with his duties under this subsection.

4. A natural person may not qualify on behalf of another for more than one active license unless:

(a) One person owns at least 25 percent of each licensee for which he qualifies; or

(b) One licensee owns at least 25 percent of the other licensee.

5. Except as otherwise provided in subsection 6, in addition to the other requirements set forth in this section, each applicant for licensure as a contractor must have had, within the 10 years immediately preceding the filing of his application for licensure, at least 4 years of experience as a journeyman, foreman, supervising employee or contractor in the specific classification in which he is applying for licensure. Training received in a program offered at an accredited college or university or an equivalent program accepted by the Board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.

6. If the applicant who is applying for licensure has previously qualified for a contractor’s license in the same classification in which he is applying for licensure, the experience required pursuant to subsection 5 need not be accrued within the 10 years immediately preceding the application.

7. As used in this section, “journeyman” means a person who:

(a) Is fully qualified to perform, without supervision, work in the classification in which he is applying for licensure; or

(b) Has successfully completed:

(1) A program of apprenticeship for the classification in which he is applying for licensure that has been approved by the State Apprenticeship Council; or

(2) An equivalent program accepted by the Board.

[3:Art. IV:186:1941; A 1951, 47]—(NRS A 1967, 1593; 1985, 1056; 1999, 2179)

NRS 624.262 Financial responsibility of applicant or licensee: Demonstration required. A licensee or an applicant for a contractor’s license must prove his financial responsibility by demonstrating that his past and current financial solvency and expectations for financial solvency in the future are such as to provide the Board with a reasonable expectation that the licensee or applicant can successfully do business as a contractor without jeopardy to the public health, safety and welfare.

(Added to NRS by 1999, 2953)

NRS 624.263 Financial responsibility of applicant or licensee: Standards and criteria for determination.

1. The financial responsibility of a licensee or an applicant for a contractor’s license must be established independently of and without reliance on any assets or guarantees of any owners or managing officers of the licensee or applicant, but the financial responsibility of any owners or managing officers of the licensee or applicant may be inquired into and considered as a criterion in determining the financial responsibility of the licensee or applicant.

2. The financial responsibility of an applicant for a contractor’s license or of a licensed contractor must be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:

(a) Net worth.

(b) Amount of liquid assets.

(d) Previous business experience.

(e) Prior and pending lawsuits.

(f) Prior and pending liens.

(g) Adverse judgments.

(h) Conviction of a felony or crime involving moral turpitude.

(i) Prior suspension or revocation of a contractor’s license in Nevada or elsewhere.

(j) An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:

(1) A composition, arrangement or reorganization proceeding;

(2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this State or the United States; or

(3) The making of an assignment for the benefit of creditors.

(k) Form of business organization, corporate or otherwise.

(l) Information obtained from confidential financial references and credit reports.

(m) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.

3. A licensed contractor shall, as soon as it is reasonably practicable, notify the Board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph (j) of subsection 2. The written notice must be accompanied by:

(a) A copy of the petition or application filed with the court; and

(b) A copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.

4. Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the Board may require the applicant or licensee to establish his financial responsibility by submitting to the Board:

(a) A financial statement that is:

(1) Prepared by a certified public accountant; or

(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

(b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

5. In addition to the requirements set forth in subsection 4, the Board may require a licensee to establish his financial responsibility at any time.

6. An applicant for an initial contractor’s license or a licensee applying for the renewal of a contractor’s license has the burden of demonstrating his financial responsibility to the Board, if the Board requests him to do so.

(Added to NRS by 1967, 1594; A 1969, 939; 1993, 926; 1999, 2958; 2001, 2412; 2005, 1200)

NRS 624.264 Financial responsibility of applicant or licensee: Additional requirements for certain applicants and licensees engaged in residential construction.

1. In addition to any other requirements set forth in this chapter, if an applicant will engage in residential construction and the applicant or the natural person qualifying on behalf of the applicant pursuant to NRS 624.260 has not held a contractor’s license issued pursuant to this chapter within the 2 years immediately preceding the date that the application is submitted to the Board, the Board shall require the applicant to establish his financial responsibility by submitting to the Board:

(a) A financial statement that is:

(1) Prepared by an independent certified public accountant; or

(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

(b) Any other information required by the Board.

2. Before the Board may issue a contractor’s license to the applicant, the Board must determine whether, based on the financial information concerning the applicant, it would be in the public interest to do any or all of the following:

(a) Require the applicant to obtain the services of a construction control with respect to any money that the applicant requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the applicant may not:

(1) Be related to the construction control or to an employee or agent of the construction control; or

(2) Hold, directly or indirectly, a financial interest in the business of the construction control.

(b) Establish an aggregate monetary limit on the contractor’s license, which must be the maximum combined monetary limit on all contracts that the applicant may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

(1) Shall determine the period that the limit is in effect; and

(2) During that period, may increase or decrease the limit as the Board deems appropriate.

3. If the Board issues a contractor’s license to an applicant described in subsection 1, for the first 2 years after the issuance of the license, the licensee must submit to the Board, with each application for renewal of the license:

(a) A financial statement that is:

(1) Prepared by an independent certified public accountant; or

(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

4. Before the Board may renew the contractor’s license of the licensee, the Board must determine whether, based on the financial information concerning the licensee, it would be in the public interest to do any or all of the following:

(a) Require the licensee to obtain the services of a construction control with respect to any money that the licensee requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the licensee may not:

(1) Be related to the construction control or to an employee or agent of the construction control; or

(2) Hold, directly or indirectly, a financial interest in the business of the construction control.

(b) Establish an aggregate monetary limit on the contractor’s license, which must be the maximum combined monetary limit on all contracts that the licensee may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

(1) Shall determine the period that the limit is in effect; and

(2) During that period, may increase or decrease the limit as the Board deems appropriate.

(Added to NRS by 2003, 1897; A 2005, 1202)

1. An applicant for a contractor’s license or a licensed contractor and each officer, director, partner and associate thereof must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, or any officer, director, partner or associate thereof, has:

(a) Committed any act which would be grounds for the denial, suspension or revocation of a contractor’s license;

(b) A bad reputation for honesty and integrity;

(c) Entered a plea of nolo contendere or guilty to, been found guilty of or been convicted, in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or

(d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.

2. Upon the request of the Board, an applicant for a contractor’s license, and any officer, director, partner or associate of the applicant, must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of his fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board. The applicant’s fingerprints may be taken by an agent of the Board or an agency of law enforcement.

3. The Board shall keep the results of the investigation confidential and not subject to inspection by the general public.

4. The Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

5. The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

(a) Arrests;

(b) Guilty pleas;

(d) Probation;

(e) Parole;

(f) Bail;

(g) Complaints; and

(h) Final dispositions,

Ê for the investigation of a licensee or an applicant for a contractor’s license.

(Added to NRS by 1967, 1595; A 1995, 2476; 1999, 2180, 2959; 2003, 1497; 2005, 1203)

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

(a) A natural person who applies for the issuance of a contractor’s license shall include the social security number of the applicant in the application submitted to the Board.

(b) A natural person who applies for the issuance or renewal of a contractor’s license shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A contractor’s license may not be issued or renewed by the Board if the applicant is a natural person who:

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

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

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2112; A 2005, 2706, 2807)

1. In addition to any other requirements set forth in this chapter, a natural person who applies for the issuance or renewal of a contractor’s license shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A contractor’s license may not be issued or renewed by the Board if the applicant is a natural person who:

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

(Added to NRS by 1997, 2112; A 2005, 2706, 2807, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 624.270 Bond and deposit: Requirements; amount; conditions.

1. Before issuing a contractor’s license to any applicant, the Board shall require that the applicant:

(a) File with the Board a surety bond in a form acceptable to the Board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

(b) In lieu of such a bond, establish with the Board a cash deposit as provided in this section.

2. Before granting renewal of a contractor’s license to any applicant, the Board shall require that the applicant file with the Board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.

3. Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse to renew a license.

4. Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the Board with reference to the contractor’s financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than $500,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. A bond required by this section must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency. The Board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the Board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.

5. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the Board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the Board. The Board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4:

(a) If evidence is presented to the Board supporting this requirement;

(b) Pursuant to subsection 6, after notification of a final written decision by the Labor Commissioner; or

Ê If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

6. If the Board is notified by the Labor Commissioner pursuant to NRS 607.165 or otherwise receives notification that three substantiated claims for wages have been filed against a contractor within a 2-year period, the Board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the Board. The contractor shall maintain the bond or cash deposit for the period required by the Board.

7. If a contractor who performs work concerning a residential pool or spa:

(a) Is determined by the Board to have violated one or more of the provisions of NRS 624.301 to 624.305, inclusive;

(b) Enters into a contract on or after July 1, 2001, that is later found to be void and unenforceable against the owner pursuant to subsection 5 of NRS 624.940 or pursuant to any regulation adopted by the Board with respect to contrac

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Chapter 624 — Contractors

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