2005 Nevada Revised Statutes - Chapter 228 — Attorney General

CHAPTER 228 - ATTORNEY GENERAL

GENERAL PROVISIONS

NRS 228.010 Qualificationsof Attorney General.

NRS 228.020 Election;term of office.

NRS 228.030 Commissionand oath.

NRS 228.040 Office.

NRS 228.060 Absencefrom State limited.

NRS 228.070 Salary;private practice of law prohibited.

NRS 228.080 Appointment,powers and oaths of deputies; private practice of law prohibited.

NRS 228.090 Specialdeputy: Appointment; duties.

NRS 228.092 AdministrativeAssistant: Appointment; classification.

NRS 228.096 AttorneyGenerals Special Fund: Creation; claims.

NRS 228.097 Depositof money collected by Attorney General in State General Fund.

NRS 228.098 AttorneyGenerals Administration Budget Account.

NRS 228.099 RevolvingAccount for Office of Attorney General: Creation; deposits; claims.

NRS 228.100 Reports.

NRS 228.110 Legaladviser on matters arising in Executive Department; limitation on employment ofprivate attorney.

NRS 228.113 Chargesfor services.

NRS 228.120 Appearancebefore grand jury; supervision of district attorneys; prosecution of criminalcases; subpoenas.

NRS 228.125 Prosecutions:Statutory duty or right of district attorney applies to Attorney General.

NRS 228.130 Districtattorney may request assistance from Attorney General in criminal prosecutions.

NRS 228.140 Prosecutionand defense of causes in Supreme Court; accounting; assistance in impeachments.

NRS 228.150 Writtenopinions; payment for services.

NRS 228.160 Recordsof cases: Contents; inspection.

NRS 228.170 Commencementor defense of action to protect interest of State; prosecution of prisoners andpersons acting in concert with prisoners.

NRS 228.175 Prosecutionof offense by state officer or employee.

NRS 228.177 Prosecutionof offense by county officer or employee.

NRS 228.180 Commencementand defense of actions concerning rights of State and its residents in interstatewaters and public lands.

NRS 228.190 Interventionor appearance in judicial or administrative proceeding concerning interstatewaters, public lands or construction of dams, power plants or other structures.

NRS 228.200 Printingof findings of fact, conclusions of law and decree involving more than 100litigants, including State Engineer; payment of expenses.

NRS 228.210 Neglectof duty: Misdemeanor.

BUREAU OF CONSUMER PROTECTION

NRS 228.300 Definitions.

NRS 228.302 Bureauof Consumer Protection defined.

NRS 228.304 ConsumersAdvocate defined.

NRS 228.306 Cooperativeutility defined.

NRS 228.308 Publicinterest defined.

NRS 228.310 Creation;executive head.

NRS 228.320 Appointmentof Consumers Advocate; term of office; qualifications; removal from office.

NRS 228.330 Employees;equipment; office space; subpoenas; other necessary functions and arrangements.

NRS 228.340 Accountfor the Bureau of Consumer Protection: Deposits; use; claims.

NRS 228.350 Accountfor the Consumers Advocate: Gifts and grants.

NRS 228.360 Powersregarding certain public utilities.

NRS 228.370 Dutyof certain public utilities to provide documents.

NRS 228.380 Authorityto exercise power of Attorney General in areas of consumer protection; exceptions;expenditures; limitations on powers relating to discretionary or competitivetelecommunication services.

NRS 228.390 Representationof customers interests.

MEDICAID FRAUD

NRS 228.410 Jurisdictionof Attorney General in cases involving Medicaid fraud; establishment ofMedicaid Fraud Control Unit; duties and powers.

INSURANCE FRAUD

NRS 228.412 Jurisdictionof Attorney General in cases involving insurance fraud; establishment of FraudControl Unit for Insurance; duties and powers.

INDUSTRIAL INSURANCE FRAUD

NRS 228.420 Jurisdictionof Attorney General in cases involving industrial insurance fraud;establishment of Fraud Control Unit for Industrial Insurance; duties andpowers.

DOMESTIC VIOLENCE

General Provisions

NRS 228.423 Definitions.

NRS 228.427 Councildefined.

NRS 228.430 Domesticviolence defined.

 

Ombudsman for Victims of Domestic Violence

NRS 228.440 Creationof Office; appointment; qualifications; removal.

NRS 228.450 Duties;confidentiality of certain information collected in discharge of duties; use ofgrants to compensate.

 

Account for Programs Related to Domestic Violence

NRS 228.460 Creation;administration; expenditures; claims.

 

Committee on Domestic Violence

NRS 228.470 Appointmentof members; duties; Chairman; meetings; quorum; voting; staff; compensation ofmembers.

 

Nevada Council for the Prevention of Domestic Violence

NRS 228.480 Creation;appointment of members; compensation of members.

NRS 228.485 Chairman;meetings; adoption of rules.

NRS 228.490 Duties.

TELECOMMUNICATION SOLICITATION

NRS 228.500 Definitions.

NRS 228.510 Registrydefined.

NRS 228.520 Telephonesolicitor defined.

NRS 228.530 Unsolicitedtelephone call for the sale of goods or services defined.

NRS 228.540 Nationaldatabase of telephone numbers of persons requesting not to receive unsolicitedtelephone calls for sale of goods or services: Attorney General findings;effect on registry.

NRS 228.550 Registryof names and telephone numbers of persons requesting not to receive unsolicitedtelephone calls for sale of goods or services; maintenance.

NRS 228.560 Publicservice announcement concerning registry.

NRS 228.570 Publicationof information in registry.

NRS 228.580 Availabilityof telephone numbers in registry to telephone solicitors.

NRS 228.590 Callsprohibited to telephone numbers in registry; limited use of information inregistry.

NRS 228.600 Telephonesolicitors: Use of telephone numbers in registry; establishment of internalregistry of telephone numbers of persons requesting not to receive unsolicitedtelephone calls; notice to persons with whom solicitor has preexisting businessrelationship.

NRS 228.610 AttorneyGeneral to institute legal proceedings against violator.

NRS 228.620 Violationconstitutes deceptive trade practice.

NRS 228.630 RegistryFund: Creation; administration.

NRS 228.640 Regulations.

_________

GENERAL PROVISIONS

NRS 228.010 Qualificationsof Attorney General. No person shall be eligibleto the Office of Attorney General unless:

1. He shall have attained the age of 25 years at thetime of such election; and

2. He is a qualified elector and has been a citizenresident of this State for 2 years next preceding the election.

[Part 2:108:1866; A 1953, 711; 1955, 459]

NRS 228.020 Election;term of office.

1. The Attorney General shall be elected by thequalified electors of the State.

2. The Attorney General shall be chosen at the generalelection of 1866, and every 4th year thereafter, and shall hold his office forthe term of 4 years from the time of his installment and until his successorshall be qualified.

[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [Part 10:108:1866; B 2608; BH 1645; C 1791; RL 2774; NCL 4774]

NRS 228.030 Commissionand oath. The Attorney General shall be commissionedby the Governor, and shall take the oath prescribed by the Constitution.

[Part 1:67:1867; B 2773; BH 1778; C 1999; RL 4128; NCL 7307]

NRS 228.040 Office. The Attorney General shall keep his office at the seat ofgovernment.

[Part 10:108:1866; B 2608; BH 1645; C 1791; RL 2774; NCL 4774] + [Part 1:67:1867; B 2773; BH 1778; C 1999; RL 4128; NCL 7307](NRS A 1977, 1369)

NRS 228.060 Absencefrom State limited. The Attorney General shallnot absent himself from the State exceeding 60 consecutive days without leaveof absence from the Legislature.

[Part 1:67:1867; B 2773; BH 1778; C 1999; RL 4128; NCL 7307]

NRS 228.070 Salary;private practice of law prohibited.

1. Until the first Monday in January 2007, theAttorney General is entitled to receive an annual salary of $110,000. From thefirst Monday in January 2007, until the first Monday in January 2011, theAttorney General is entitled to receive an annual salary of $133,000.

2. On the firstMonday in January 2011 and on the first Monday of every fourth year thereafter,the salary of the Attorney General must be increased by an amount equal to thecumulative percentage increase in the salaries of the classified employees ofthis State during the immediately preceding term of the Attorney General.

3. Except as otherwise provided in NRS 7.065, the Attorney General shall not engagein the private practice of law.

[6:295:1953; A 1955, 527] + [5:320:1955] +[11:320:1955] + [13:320:1955](NRS A 1957, 541; 1961, 306; 1965, 971; 1969,791; 1971, 2208; 1977, 1016; 1981, 1371; 1985, 1610; 1989, 202, 1898; 1997,1227; 2005, 1184)

NRS 228.080 Appointment,powers and oaths of deputies; private practice of law prohibited.

1. The Attorney General may appoint as many deputiesas he may deem necessary to perform fully the duties of his office. Alldeputies so appointed may perform all duties now required of the AttorneyGeneral.

2. Before entering upon the discharge of his duties,each deputy so appointed shall take and subscribe to the constitutional oath ofoffice, which must be filed in the Office of the Secretary of State.

3. Except as otherwise provided in NRS 7.065, deputy attorneys general shallnot engage in the private practice of law.

[1:15:1908; RL 4135; NCL 7314] + [2:15:1908; RL 4136; NCL 7315](NRS A 1967, 1488; 1971, 1424; 1973, 677; 1981, 1272; 1985,255; 1989, 203; 1993, 2528)

NRS 228.090 Specialdeputy: Appointment; duties.

1. In cases of emergency where the services of theAttorney Generals Office are required in remote counties of the State, theAttorney General may, when it appears for the best interests of the State to doso, appoint a resident attorney at law of such county as special deputy.

2. In any case where:

(a) The Attorney General represents the State of Nevadaor any officer, board, commission, appointee or department of the State;

(b) There are 100 or more litigants involved in thecase or litigation;

(c) The trial or hearings in such litigation have beencompleted and the case or litigation has been decided by the court but thewritten findings of fact, conclusions of law, and judgment and decree have notbeen prepared or settled, determined, entered, signed and filed by the courtbefore the beginning of the term of Office of the Attorney General who is inoffice at the time such written findings and conclusions and the judgment anddecree are to be prepared or settled, determined, entered, signed and filed bythe court; and

(d) The evidence in the case is voluminous,

theincumbent Attorney General is authorized and directed, in the interest ofpromptness and efficiency in the final determination of such litigation, toappoint a special deputy attorney general.

3. The special deputy attorney general appointed inthe manner provided in subsection 2 shall:

(a) Prepare and supervise the preparation of suchfindings of fact, conclusions of law and judgment and decree to be prepared forand on behalf of the State of Nevada or such officer, board, commission,appointee or department thereof;

(b) Present the same to the court or to the formerdistrict judge thereof authorized and empowered to hear and determine the same,within the time now or hereafter provided by law therefor; and

(c) Represent the state and such officer, board,commission, appointee or department thereof in any and all hearings incident toany and all such findings of fact, conclusions of law, and judgment and decree,and in any and all objections and exceptions thereto presented to the court orto the former district judge thereof authorized and empowered to hear anddetermine the same in any such case for settlement, determination, signing andfiling in such case and in any and all motions for new trials and also in anyand all matters incident thereto, all within the time now or hereafter providedby law therefor.

[Part 2:235:1931; 1931 NCL 7313.02]

NRS 228.092 AdministrativeAssistant: Appointment; classification. TheAttorney General may appoint and employ an Administrative Assistant in theunclassified service of this state.

(Added to NRS by 1997, 1741)

NRS 228.096 AttorneyGenerals Special Fund: Creation; claims.

1. The Attorney Generals Special Fund is herebycreated as a special revenue fund.

2. All claims against the Fund must be paid as otherclaims against the State are paid.

(Added to NRS by 1979, 99; A 1997, 1967)

NRS 228.097 Depositof money collected by Attorney General in State General Fund. The Attorney General shall deposit in the State GeneralFund all money collected by him which is in excess of the amount authorized forexpenditure by the Legislature.

(Added to NRS by 1979, 351; A 1997, 1967)

NRS 228.098 AttorneyGenerals Administration Budget Account. Moneyfor the support of the operations of the Office of Attorney General fromwhatever source it is derived must be accounted for in the Attorney Generals AdministrationBudget Account.

(Added to NRS by 1979, 273; A 1997, 1968)

NRS 228.099 RevolvingAccount for Office of Attorney General: Creation; deposits; claims.

1. There is hereby created a Revolving Account for theOffice of Attorney General in the sum of $5,000, which must be used for paymentof expenses related to litigation which are unexpected and require promptpayment and for no other purposes.

2. The Attorney General shall deposit the money in theRevolving Account in a bank or credit union qualified to receive deposits ofpublic money as provided by law and the deposit must be secured by a depositorybond satisfactory to the State Board of Examiners.

3. The Attorney General or his designee may sign allchecks drawn upon the Revolving Account.

4. Payments made for litigation expenses from theRevolving Account must be promptly reimbursed from the legislativeappropriation or authorization, if any, to the account of the Attorney Generalrelating to the matter for which the litigation expenses were incurred. Theclaim for reimbursement must be processed and paid as other claims against theState are paid.

(Added to NRS by 1991, 2085; A 1999, 1463; 2005, 667)

NRS 228.100 Reports.

1. Before September 1 of each even-numbered year, forthe biennium ending June 30 of such year, the Attorney General shall report tothe Governor the condition of the affairs of his department, and in such reporthe shall make such suggestions as shall appear to him calculated to improve thelaws of the State.

2. The Attorney General shall communicate to theGovernor or either branch of the Legislature, when requested, any informationconcerning his office.

[5:67:1867; B 2777; BH 1782; C 2003; RL 4132;NCL 7311](NRS A 1969, 1455)

NRS 228.110 Legaladviser on matters arising in Executive Department; limitation on employment ofprivate attorney.

1. The Attorney General and his duly appointeddeputies shall be the legal advisers on all state matters arising in theExecutive Department of the State Government.

2. No officer, commissioner or appointee of theExecutive Department of the Government of the State of Nevada shall employ anyattorney at law or counselor at law to represent the State of Nevada within theState, or to be compensated by state funds, directly or indirectly, as anattorney acting within the State for the State of Nevada or any agency in theExecutive Department thereof unless the Attorney General and his deputies aredisqualified to act in such matter or unless an act of the Legislaturespecifically authorizes the employment of other attorneys or counselors at law.

3. All claims for legal services rendered in violationof this section shall be void.

[1:235:1931; 1931 NCL 7313.01] + [Part 2:235:1931;1931 NCL 7313.02] + [3:235:1931; 1931 NCL 7313.03](NRS A 1963, 1191)

NRS 228.113 Chargesfor services.

1. The Attorney General may charge all state agencieswhich are not supported entirely from the State General Fund for all serviceshis office provides to those agencies, to the extent that the cost of suchservices is not included in the budget of the Office of the Attorney General.

2. A state agency which is included in the costallocation plan prepared by the Director of the Department of Administrationpursuant to NRS 353.331 must be chargedan amount determined in accordance with the cost allocation plan.

3. A state agency which is not included in the costallocation plan must be charged for services on an hourly basis in an amountsufficient to pay the salary and other expenses of the deputy attorney generalwho provides the services.

(Added to NRS by 1979, 351; A 1995, 1536)

NRS 228.120 Appearancebefore grand jury; supervision of district attorneys; prosecution of criminalcases; subpoenas. The Attorney General may:

1. Appear before any grand jury, when in his opinionit is necessary, and present evidence of the commission of a crime or violationof any law of this State; examine witnesses before the grand jury, and drawindictments or presentments for the grand jury, and thereafter conduct theproceedings.

2. Exercise supervisory powers over all districtattorneys of the State in all matters pertaining to the duties of theiroffices, and from time to time require of them reports as to the condition ofpublic business entrusted to their charge.

3. Appear in, take exclusive charge of and conduct anyprosecution in any court of this State for a violation of any law of thisState, when in his opinion it is necessary, or when requested to do so by theGovernor.

4. In any proceeding conducted by a grand jury or inany criminal prosecution in any court, issue subpoenas for witnesses togetherwith any books, memoranda, papers and other documents.

5. When acting pursuant to any provision of lawallowing or requiring him to act in a criminal matter, institute criminalproceedings:

(a) By filing a complaint in a Justice or municipalCourt, where a misdemeanor is charged; or

(b) By filing a complaint and commencing a preliminaryexamination where a gross misdemeanor or felony is charged and thereafterfiling an information in the district court,

and mayconduct those proceedings.

[1:5:1908; RL 4137; NCL 7316](NRS A 1979, 1093;1981, 462, 546; 1989, 162)

NRS 228.125 Prosecutions:Statutory duty or right of district attorney applies to Attorney General. When the Attorney General is acting in a criminal matterand a statutory duty or right is provided for the district attorney related tothe prosecution of that offense, the statutory provision applies to theAttorney General as it would apply to the district attorney if he wereconducting the prosecution.

(Added to NRS by 1985, 1424)

NRS 228.130 Districtattorney may request assistance from Attorney General in criminal prosecutions.

1. In all criminal cases where, in the judgment of thedistrict attorney, the personal presence of the Attorney General or thepresence of a deputy or special investigator is required in cases mentioned insubsection 2, before making a request upon the Attorney General for suchassistance the district attorney must first present his reasons for making therequest to the board of county commissioners of his county and have the boardadopt a resolution joining in the request to the Attorney General.

2. In all criminal cases where help is requested fromthe Attorney Generals Office, as mentioned in subsection 1, in thepresentation of criminal cases before a committing magistrate, grand jury, ordistrict court, the board of county commissioners of the county making suchrequest shall, upon the presentation to the board of a duly verified claimsetting forth the expenses incurred, pay from the general funds of the countythe actual and necessary traveling expenses of the Attorney General or hisdeputy or his special investigator from Carson City, Nevada, to the place wheresuch proceedings are held and return therefrom, and also pay the amount ofmoney actually expended by such person for board and lodging from the date suchperson leaves until the date he returns to Carson City.

3. This section shall not be construed as directing orrequiring the Attorney General to appear in any proceedings mentioned insubsection 2, but in acting upon any such request the Attorney General mayexercise his discretion, and his judgment in such matters shall be final.

[1:38:1923; NCL 7323] + [2:38:1923; NCL 7324] +[3:38:1923; NCL 7325](NRS A 1969, 129)

NRS 228.140 Prosecutionand defense of causes in Supreme Court; accounting; assistance in impeachments.

1. The Attorney General shall attend each of the termsof the Supreme Court, and there prosecute or defend, as the case may be, on thepart of the State:

(a) All causes to which the State may be a party;

(b) All causes to which any officer of the State, in hisofficial capacity, may be a party;

(c) All causes to which any county may be a party,other than those in which the interest of the county may be adverse to theState, or any officer of the State, acting in his official capacity, and

afterjudgment obtained in any such cause, he shall direct such proceedings, and sueout such process as may be required to carry the same into execution.

2. The Attorney General shall:

(a) Account for and pay over to the proper officer,without delay, all moneys which may come into his hands belonging to the Stateor any county.

(b) Assist in all impeachments which may be triedbefore the Senate.

[2:67:1867; B 2774; BH 1779; C 2000; RL 4129;NCL 7308]

NRS 228.150 Writtenopinions; payment for services.

1. When requested, the Attorney General shall give hisopinion, in writing, upon any question of law, to the Governor, the Secretaryof State, the State Controller, the State Treasurer, the Director of theDepartment of Corrections, to the head of any state department, agency, boardor commission, to any district attorney and to any city attorney of anyincorporated city within the State of Nevada, upon any question of law relatingto their respective offices, departments, agencies, boards or commissions.

2. Nothing contained in subsection 1 requires theAttorney General to give his written opinion to any city attorney concerningquestions relating to the interpretation or construction of city ordinances.

3. The Attorney General is not entitled to receive anyfee for the performance of any duty required of him by law, but money may bepaid to his office or pursuant to law or an agreement with an agency of theState for the performance of any duty or service by his office.

[3:67:1867; B 2775; BH 1780; C 2001; RL 4130;NCL 7309](NRS A 1957, 655; 1959, 692; 1971, 1169; 1977, 870; 1979, 273; 2001 Special Session,232)

NRS 228.160 Recordsof cases: Contents; inspection.

1. The Attorney General shall keep a record of each:

(a) Civil case to which the State or any officer of theState in his official capacity is a party; and

(b) Criminal case for which he is the principalprosecuting attorney.

2. The record must contain a copy of all pleadings andprocess, interlocutory and final orders, judgments and decrees, process issuedthereon and satisfaction thereof, and memorandum of sentence.

3. Such records must be open to the public forinspection during business hours.

[4:67:1867; B 2776; BH 1781; C 2002; RL 4131;NCL 7310](NRS A 1971, 849; 1985, 56)

NRS 228.170 Commencementor defense of action to protect interest of State; prosecution of prisoners andpersons acting in concert with prisoners.

1. Whenever the Governor directs or when, in theopinion of the Attorney General, to protect and secure the interest of theState it is necessary that a suit be commenced or defended in any federal orstate court, the Attorney General shall commence the action or make thedefense.

2. The Attorney General may investigate and prosecuteany crime committed by a person:

(a) Confined in or committed to an institution orfacility of the Department of Corrections.

(b) Acting in concert with, whether as a principal oraccessory, any person confined in or committed to an institution or facility ofthe Department of Corrections.

(c) In violation of chapter212 of NRS, if the crime involves:

(1) An institution or facility of the Departmentof Corrections; or

(2) A person confined in or committed to such aninstitution or facility.

[6:67:1867; B 2778; BH 1783; C 2004; RL 4133;NCL 7312](NRS A 1975, 654; 1983, 728; 1985, 56; 1989, 162; 2001 Special Session,233)

NRS 228.175 Prosecutionof offense by state officer or employee.

1. As used in this section state officer or employeemeans an elected officer of the State or any state officer or employee who iscompensated from the State Treasury.

2. The Attorney General has primary jurisdiction toinvestigate and prosecute criminal offenses committed by state officers oremployees in the course of their duties or arising out of circumstances relatedto their positions.

3. A district attorney may investigate an offensespecified in subsection 2 if:

(a) The Attorney General has stated in writing to thedistrict attorney that the Attorney General does not intend to act in thematter; or

(b) The district attorney has inquired in writing ofthe Attorney General whether the Attorney General will act in the matter, and:

(1) The district attorney has not received ananswer in writing to his inquiry within 30 days after making it; or

(2) The Attorney General has stated in writingto the district attorney that he will act in the matter and has not filed acriminal action in the matter within 90 days after making the statement.

4. When he is acting pursuant to this section, theAttorney General may commence his investigation and file a criminal actionwithout leave of court, and he has exclusive charge of the conduct of theprosecution.

5. The fact that the Attorney General or a districtattorney has not complied with any provision of this section is not a defensein a criminal action.

(Added to NRS by 1981, 1250)

NRS 228.177 Prosecutionof offense by county officer or employee.

1. As used in this section county officer oremployee means an elected officer of a county or any county officer oremployee who is compensated from a county treasury.

2. The Attorney General may investigate and prosecuteany criminal offense committed by a county officer or employee in the course ofhis duties or arising out of circumstances related to his position, if:

(a) The district attorney of the county has stated inwriting to the Attorney General that he does not intend to act in the matter;or

(b) The Attorney General has inquired in writing of thedistrict attorney whether he intends to act in the matter and:

(1) The Attorney General has not received awritten response within 30 days after the district attorney received theinquiry; or

(2) The district attorney responds in writingthat he intends to act in the matter, but an information or indictment is notfiled within 90 days after the response.

3. When he is acting pursuant to this section, theAttorney General may commence his investigation and file a criminal action withleave of court, and he has exclusive charge of the conduct of the prosecution.

4. An information or indictment may not be dismissedon the ground that the district attorney or Attorney General has not compliedwith this section.

(Added to NRS by 1985, 1564)

NRS 228.180 Commencementand defense of actions concerning rights of State and its residents ininterstate waters and public lands. TheAttorney General, with the consent of the Governor, is authorized to commenceand maintain, or defend, in the Supreme Court of the United States, or in anycourt having jurisdiction of the action, in the name of the State of Nevada, orotherwise, such proceedings at law or in equity as in his judgment may benecessary or expedient for the purpose of establishing and determining therights of the State of Nevada, or the residents thereof, in and to:

1. The waters of all interstate streams located partlyin the State of Nevada, where such waters, or part thereof, are claimed by anyother state or the citizens thereof.

2. The public lands, and to the waters therein andthereunder, located in the State of Nevada.

[1:138:1915; A 1955, 66]

NRS 228.190 Interventionor appearance in judicial or administrative proceeding concerning interstatewaters, public lands or construction of dams, power plants or other structures.

1. The Attorney General, in the name of the State, isauthorized to intervene or to appear in:

(a) Any action or proceeding at law or in equity whichmay now or hereafter be pending, when it is necessary for or incident to thepurpose of establishing and determining the rights of the State of Nevada, orthe residents thereof, in and to:

(1) The waters of all interstate streams locatedpartly in Nevada, where such waters or a part thereof are claimed by any otherstate or the citizens thereof.

(2) The public lands, and to the waters thereinand thereunder, located in the State of Nevada.

(b) Any action or proceeding, judicial oradministrative, relative to the construction of any dam, power plant or otherstructure on any stream located either wholly or partly in Nevada or wholly orpartly in any other state, for the purpose of flood control, irrigation, power,or for any other purpose, when it is necessary for or incident to establishingand determining the rights of the State of Nevada or the residents thereof. Anyintervention or appearance of the Attorney General of the kind authorized bythis paragraph which occurred prior to March 8, 1960, is hereby authorized,ratified, confirmed and approved.

2. The Attorney General shall not obligate the Statein any intervention or appearance for any costs or expenses.

[2:138:1915; A 1955, 66](NRS A 1960, 125)

NRS 228.200 Printingof findings of fact, conclusions of law and decree involving more than 100 litigants,including State Engineer; payment of expenses.

1. The Attorney General is directed and empowered tocause the printing of proposed findings of fact and conclusions of law andjudgments and decrees from any district court of the State of Nevada wherethere are more than 100 parties litigant in the action so decided, and theState Engineer of the State of Nevada is one of the parties litigant.

2. The Attorney General shall cause the proposedfindings of fact and conclusions of law and findings of fact, conclusions oflaw and judgment and decree to be printed, and shall certify the expensethereof to the State Board of Examiners, who shall check the same, and if theBoard finds that the printing has been done, it shall approve the same andcause the claims for the printing to be paid as other claims are paid from theTreasury of the State of Nevada.

[1:233:1931; 1931 NCL 7334.01] + [3:233:1931; 1931NCL 7334.03]

NRS 228.210 Neglectof duty: Misdemeanor. If the Attorney Generalneglects or refuses to perform any of the duties required of him by law, he isguilty of a misdemeanor or is subject to removal from office.

[7:67:1867; B 2779; BH 1784; C 2005; RL 4134;NCL 7313](NRS A 1977, 150)

BUREAU OF CONSUMER PROTECTION

NRS 228.300 Definitions. As used in NRS 228.300to 228.390, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 228.302 to 228.308, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1981, 1674; A 1995, 1083; 1997,1968)

NRS 228.302 Bureauof Consumer Protection defined. Bureau ofConsumer Protection means the Bureau of Consumer Protection in the Office ofthe Attorney General.

(Added to NRS by 1997, 1966)

NRS 228.304 ConsumersAdvocate defined. Consumers Advocate meansthe Consumers Advocate of the Bureau of Consumer Protection.

(Added to NRS by 1997, 1967)

NRS 228.306 Cooperativeutility defined. Cooperative utility meansa cooperative association or nonprofit corporation or association which suppliesutility services for the use of its own members only.

(Added to NRS by 1997, 1967)

NRS 228.308 Publicinterest defined. Public interest means theinterests or rights of the State of Nevada and of the residents of this state,or a broad class of those residents, which arise from the constitutions, courtdecisions and statutes of this state and of the United States and from thecommon law.

(Added to NRS by 1997, 1967)

NRS 228.310 Creation;executive head.

1. The Bureau of Consumer Protection is hereby createdwithin the Office of the Attorney General.

2. The executive head of the Bureau of ConsumerProtection is the Consumers Advocate.

(Added to NRS by 1981, 1674; A 1997, 1968)

NRS 228.320 Appointmentof Consumers Advocate; term of office; qualifications; removal from office.

1. The Attorney General shall appoint the ConsumersAdvocate for a term of 4 years. The Consumers Advocate is in the unclassifiedservice of the State. The person appointed:

(a) Must be knowledgeable in the various areas of theregulation of public utilities;

(b) Must be independent of and have no pecuniaryinterest in any utility or industry regulated by the Public UtilitiesCommission of Nevada;

(c) Except as otherwise provided in NRS 284.143, shall devote all of his timeto the business of his office and shall not pursue any other business orvocation or hold any other office of profit; and

(d) Must not be a member of any political convention ora member of any committee of any political party.

2. The Attorney General may remove the ConsumersAdvocate from office for inefficiency, neglect of duty or malfeasance inoffice.

(Added to NRS by 1981, 1674; A 1987, 704; 1997, 616)

NRS 228.330 Employees;equipment; office space; subpoenas; other necessary functions and arrangements. The Consumers Advocate may:

1. Employ such staff as is necessary to carry out hisduties and the functions of his office, in accordance with the personnelpractices and procedures established within the Attorney Generals Office. TheConsumers Advocate has sole discretion to employ and remove any member of hisstaff.

2. Purchase necessary equipment.

3. Lease or make other suitable arrangements foroffice space, but any lease which extends beyond the term of 1 year must bereviewed and approved by a majority of the members of the State Board ofExaminers.

4. Apply for an order or subpoena for the appearanceof witnesses or the production of books, papers and documents in any proceedingin which he is a party or intervener, in the same manner as any other party orintervener, and make arrangements for and pay the fees or costs of anywitnesses and consultants necessary to the proceeding. If any person ordered bythe Public Utilities Commission of Nevada to appear before it as a witnesspursuant to this subsection fails to obey the order, the Commission shall applyfor a subpoena commanding the attendance of the witness.

5. Perform such other functions and make such otherarrangements as may be necessary to carry out his duties and the functions ofhis office.

(Added to NRS by 1981, 1674; A 1987, 704; 1997, 1968)

NRS 228.340 Accountfor the Bureau of Consumer Protection: Deposits; use; claims.

1. Except as otherwise provided by NRS 598A.260, all money collected by theBureau of Consumer Protection pursuant to NRS704.033 and to those provisions relating to private investigators andunfair trade practices must be deposited with the State Treasurer for credit tothe Account for the Bureau of Consumer Protection.

2. Money in the Account may be used only to defray thecosts of maintaining the Office of the Consumers Advocate and for carrying outthe provisions of NRS 228.300 to 228.390, inclusive.

3. All claims against the Account must be paid asother claims against the State are paid.

(Added to NRS by 1981, 1675; A 1989, 1470; 1997,1969)

NRS 228.350 Accountfor the Consumers Advocate: Gifts and grants. Allgifts and grants of money which the Consumers Advocate is authorized to acceptmust be deposited with the State Treasurer for credit to the Account for theConsumers Advocate.

(Added to NRS by 1981, 1675; A 1989, 1470)

NRS 228.360 Powersregarding certain public utilities. TheConsumers Advocate:

1. Shall intervene in and represent the publicinterest in:

(a) All proceedings conducted pursuant to NRS 704.7561 to 704.7595, inclusive; and

(b) All proceedings conducted pursuant to NRS 704.061 to 704.110, inclusive, in which an electricutility has filed a general rate application or an application to clear itsdeferred accounts.

2. May, with respect to all public utilities exceptrailroads and cooperative utilities, and except as otherwise provided in NRS 228.380:

(a) Conduct or contract for studies, surveys, researchor expert testimony relating to matters affecting the public interest or theinterests of utility customers.

(b) Examine any books, accounts, minutes, records orother papers or property of any public utility subject to the regulatoryauthority of the Public Utilities Commission of Nevada in the same manner andto the same extent as authorized by law for members of the Public UtilitiesCommission of Nevada and its staff.

(c) Except as otherwise provided in subsection 1,petition for, request, initiate, appear or intervene in any proceedingconcerning rates, charges, tariffs, modifications of service or any relatedmatter before the Public Utilities Commission of Nevada or any court,regulatory body, board, commission or agency having jurisdiction over anymatter which the Consumers Advocate may bring before or has brought before thePublic Utilities Commission of Nevada or in which the public interest or theinterests of any particular class of utility customers are involved. The ConsumersAdvocate may represent the public interest or the interests of any particularclass of utility customers in any such proceeding, and he is a real party ininterest in the proceeding.

3. As used in this section, electric utility has themeaning ascribed to it in NRS 704.187.

(Added to NRS by 1981, 1675; A 1987, 705; 1997, 1969;2001, 353, 3254)

NRS 228.370 Dutyof certain public utilities to provide documents. Allpublic utilities, except railroads and cooperative utilities, and except asprovided in NRS 228.380, shall providethe Consumers Advocate with copies of any proposed changes in rates orservice, correspondence, legal papers and other documents which are served onor delivered or mailed to the Public Utilities Commission of Nevada.

(Added to NRS by 1981, 1676; A 1987, 705; 1997, 1969)

NRS 228.380 Authorityto exercise power of Attorney General in areas of consumer protection;exceptions; expenditures; limitations on powers relating to discretionary orcompetitive telecommunication services.

1. Except as otherwise provided in this section, theConsumers Advocate may exercise the power of the Attorney General in areas ofconsumer protection, including, but not limited to, enforcement of chapters 90, 597,598, 598A, 598B, 598Cand 599B of NRS. The Consumers Advocate maynot exercise any powers to enforce any criminal statute set forth in chapters 90, 597,598, 598A, 598B, 598Cor 599B of NRS for any transaction oractivity that involves a proceeding before the Public Utilities Commission ofNevada if the Consumers Advocate is participating in that proceeding as a realparty in interest on behalf of the customers or a class of customers ofutilities.

2. The Consumers Advocate may expend revenues derivedfrom NRS 704.033 only for activitiesdirectly related to the protection of customers of public utilities.

3. The powers of the Consumers Advocate do not extendto proceedings before the Public Utilities Commission of Nevada directlyrelating to discretionary or competitive telecommunication services.

(Added to NRS by 1981, 1676; A 1991, 66; 1997, 1970)

NRS 228.390 Representationof customers interests. Except as otherwiseprovided in NRS 704.110 and 704.7561 to 704.7595, inclusive:

1. The Consumers Advocate has sole discretion torepresent or refrain from representing the public interest and any class ofcustomers in any proceeding.

2. In exercising his discretion, the Consumers Advocateshall consider the importance and extent of the public interest or thecustomers interests involved and whether those interests would be adequatelyrepresented without his participation.

3. If the Consumers Advocate determines that therewould be a conflict between the public interest and any particular class ofcustomers or any inconsistent interests among the classes of customers involvedin a particular matter, he may choose to represent one of the interests, torepresent no interest, or to represent one interest through his office andanother or others through outside counsel engaged on a case basis.

(Added to NRS by 1981, 1676; A 1997, 1970; 2001, 354, 3255)

MEDICAID FRAUD

NRS 228.410 Jurisdictionof Attorney General in cases involving Medicaid fraud; establishment ofMedicaid Fraud Control Unit; duties and powers.

1. The Attorney General has primary jurisdiction toinvestigate and prosecute violations of NRS422.540 to 422.570, inclusive,and any fraud in the administration of the Plan or in the provision of medicalassistance pursuant to the Plan. The provisions of this sectionnotwithstanding, the Department of Health and Human Services and the Divisionof Health Care Financing and Policy of the Department of Health and HumanServices shall enforce the Plan and any regulations adopted pursuant thereto.

2. For this purpose, the Attorney General shallestablish within his office the Medicaid Fraud Control Unit. The Unit mustconsist of a group of qualified persons, including, without limitation, anattorney, an auditor and an investigator who, to the extent practicable, haveexpertise in nursing, medicine and the administration of medical facilities.

3. The Attorney General, acting through the MedicaidFraud Control Unit:

(a) Is the single state agency responsible for theinvestigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;

(b) Shall review reports of abuse or criminal neglectof patients in medical facilities which receive payments under the Plan and,when appropriate, investigate and prosecute the persons responsible;

(c) May review and investigate reports ofmisappropriation of money from the personal resources of patients in medicalfacilities that receive payments under the Plan and, when appropriate, shallprosecute the persons responsible;

(d) Shall cooperate with federal investigators andprosecutors in coordinating state and federal investigations and prosecutionsinvolving fraud in the provision or administration of medical assistancepursuant to the Plan, and provide those federal officers with any informationin his possession regarding such an investigation or prosecution; and

(e) Shall protect the privacy of patients and establishprocedures to prevent the misuse of information obtained in carrying out theprovisions of this section.

4. When acting pursuant to NRS 228.175 or this section, the AttorneyGeneral may commence his investigation and file a criminal action without leaveof court, and he has exclusive charge of the conduct of the prosecution.

5. As used in this section:

(a) Medical facility has the meaning ascribed to itin NRS 449.0151.

(b) Plan means the State Plan for Medicaidestablished pursuant to NRS 422.271.

(Added to NRS by 1991, 1053; A 1993, 2067, 2498;1995, 702; 1997, 1253, 2604; 1999, 2235, 2242; 2003, 665)

INSURANCE FRAUD

NRS 228.412 Jurisdictionof Attorney General in cases involving insurance fraud; establishment of FraudControl Unit for Insurance; duties and powers.

1. The Attorney General has primary jurisdiction toconduct criminal investigations into and may bring a criminal prosecution forany act alleged to be insurance fraud.

2. The Attorney General shall establish within hisoffice a Fraud Control Unit for Insurance. The Fraud Control Unit must consistof such persons as are necessary to carry out the duties set forth in thissection, NRS 679B.600 to 679B.700, inclusive, and NRS 686A.281 to 686A.292, inclusive, including, withoutlimitation, attorneys and investigators.

3. The Attorney General, acting through the FraudControl Unit:

(a) Is the single state agency responsible for thecriminal prosecution of insurance fraud;

(b) Shall cooperate with the Commissioner of Insurance,insurers, and investigators and prosecutors of other states and the FederalGovernment in coordinating state and federal criminal investigations andcriminal prosecutions involving insurance fraud;

(c) Shall protect the privacy of insurers and insuredpersons who are eligible to receive benefits pursuant to the provisions oftitle 57 of NRS and shall establish procedures to prevent the misuse ofinformation obtained in carrying out this section; and

(d) May, upon written request, inspect the records ofany insurer, the Commissioner of Insurance and the Division of Insurance of theDepartment of Business and Industry to conduct a criminal investigation intoany act alleged to be insurance fraud.

4. To investigate any act alleged to be insurancefraud, the Attorney General and members of the Fraud Control Unit may conductinvestigations into any activity related thereto occurring outside of thisstate, if necessary. To conduct these investigations, the Attorney General andmembers of the Fraud Control Unit may:

(a) Travel outside of this state;

(b) Cooperate with appropriate agencies or personsoutside of this state; and

(c) Designate those agencies or persons to conductinvestigations for the Attorney General.

5. When acting pursuant to this section, the AttorneyGeneral may commence his investigation and file a criminal action without leaveof court, and he has exclusive charge of the conduct of the prosecution. TheAttorney General may conduct preliminary hearings or grand juries for thepurposes of filing an information or indictment.

6. The Attorney General shall report the name of eachperson who has been convicted of insurance fraud to the Commissioner ofInsurance.

7. The provisions of this section must not beconstrued to limit or diminish the jurisdiction of the Commissioner of Insuranceto regulate persons transacting insurance in this state.

8. As used in this section, insurance fraud has themeaning ascribed to it in NRS 686A.2815.

(Added to NRS by 2001, 1100)

INDUSTRIAL INSURANCE FRAUD

NRS 228.420 Jurisdictionof Attorney General in cases involving industrial insurance fraud;establishment of Fraud Control Unit for Industrial Insurance; duties andpowers.

1. TheAttorney General has primary jurisdiction to investigate and prosecute anyalleged criminal violations of NRS616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in theadministration of chapter 616A, 616B, 616C, 616D or 617 ofNRS or in the provision of compensation required by chapters 616A to 617,inclusive, of NRS.

2. For thispurpose, the Attorney General shall establish within his office a Fraud ControlUnit for Industrial Insurance. The Unit must consist of such persons as arenecessary to carry out the duties set forth in this section, including, withoutlimitation, an attorney, an auditor and an investigator.

3. TheAttorney General, acting through the Unit established pursuant to subsection 2:

(a) Is thesingle state agency responsible for the investigation and prosecution of anyalleged criminal violations of NRS616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in theadministration of chapter 616A, 616B, 616C, 616D or 617 ofNRS or in the provision of compensation required by chapters 616A to 617,inclusive, of NRS;

(b) Shallcooperate with the Division of Industrial Relations of the Department ofBusiness and Industry, self-insured employers, associations of self-insuredpublic or private employers, private carriers and other state and federalinvestigators and prosecutors in coordinating state and federal investigationsand prosecutions involving violations of NRS616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in theadministration of chapter 616A, 616B, 616C, 616D or 617 ofNRS or in the provision of compensation required by chapters 616A to 617,inclusive, of NRS;

(c) Shallprotect the privacy of persons who are eligible to receive compensationpursuant to the provisions of chapter 616A, 616B, 616C, 616D or 617 ofNRS and establish procedures to prevent the misuse of information obtained incarrying out this section; and

(d) May, uponrequest, inspect the records of any self-insured employer, association ofself-insured public or private employers, or private carrier, the Division ofIndustrial Relations of the Department of Business and Industry and the StateContractors Board to investigate any alleged violation of any of theprovisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or any fraud in theadministration of chapter 616A, 616B, 616C, 616D or 617 ofNRS or in the provision of compensation required by chapters 616A to 617,inclusive, of NRS.

4. When actingpursuant to this section or NRS 228.175or 228.410, the Attorney General maycommence his investigation and file a criminal action without leave of court,and he has exclusive charge of the conduct of the prosecution.

5. TheAttorney General shall report the name of any person who has been convicted ofviolating any of the provisions of NRS616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, to the occupationalboard that issued the persons license or certificate to provide medical care,remedial care or other services in this state.

6. TheAttorney General shall establish a toll-free telephone number for persons toreport information regarding alleged violations of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, and any fraud in theadministration of chapter 616A, 616B, 616C, 616D or 617 ofNRS or in the provision of compensation required by chapters 616A to 617,inclusive, of NRS.

7. As used inthis section:

(a) Associationof self-insured private employers has the meaning ascribed to it in NRS 616A.050.

(b) Associationof self-insured public employers has the meaning ascribed to it in NRS 616A.055.

(c) Privatecarrier has the meaning ascribed to it in NRS616A.290.

(d) Self-insured employer has the meaning ascribed toit in NRS 616A.305.

(Added to NRS by 1993, 773; A 1993, 799; 1995, 649,1878, 2038; 1997, 579; 1999,1808)

DOMESTIC VIOLENCE

General Provisions

NRS 228.423 Definitions. As used in NRS 228.423to 228.490, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 228.427 and 228.430 have the meanings ascribed to themin those sections.

(Added to NRS by 2005, 940)

NRS 228.427 Councildefined. Council means the Nevada Councilfor the Prevention of Domestic Violence created pursuant to NRS 228.480.

(Added to NRS by 2005, 940)

NRS 228.430 Domesticviolence defined. Domestic violence has themeaning ascribed to it in NRS 33.018.

(Added to NRS by 1997, 1818; A 2005, 941)

Ombudsman for Victims of Domestic Violence

NRS 228.440 Creationof Office; appointment; qualifications; removal.

1. The Office of Ombudsman for Victims of DomesticViolence is hereby created within the Office of the Attorney General.

2. The Attorney General shall appoint a person toserve in the position of Ombudsman for a term of 4 years. The person soappointed:

(a) Must be knowledgeable about the legal and societalaspects of domestic violence;

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

(c) Is not required to be an attorney.

3. The Attorney General may remove the Ombudsman fromoffice for inefficiency, neglect of duty or malfeasance in office.

(Added to NRS by 1997, 1819)

NRS 228.450 Duties;confidentiality of certain information collected in discharge of duties; use ofgrants to compensate.

1. The Ombudsman for Victims of Domestic Violenceshall:

(a) Prepare quarterly reports relating to victims ofdomestic violence from information collected from the Central Repository forNevada Records of Criminal History, if any such information is available.

(b) Provide necessary assistance to victims of domesticviolence.

(c) Provide education to the public concerning domesticviolence, including, without limitation, the prevention of domestic violence,available assistance to victims of domestic violence and available treatmentfor persons who commit domestic violence.

(d) Perform such other tasks as are necessary to carryout his duties and the functions of his office.

2. Except as otherwise provided in this subsection,information collected pursuant to paragraph (a) of subsection 1 is confidentialand must not be disclosed to any person under any circumstances, including,without limitation, pursuant to a subpoena, search warrant or discoveryproceeding. Such information may be used for statistical purposes if theidentity of the person is not discernible from the information disclosed.

3. Any grant received by the Office of the AttorneyGeneral for assistance to victims of domestic violence may be used tocompensate the Ombudsman for Victims of Domestic Violence.

(Added to NRS by 1997, 1819)

Account for Programs Related to Domestic Violence

NRS 228.460 Creation;administration; expenditures; claims.

1. The Account for Programs Related to DomesticViolence is hereby created in the State General Fund. Any administrativeassessment imposed and collected pursuant to NRS200.485 must be deposited with the State Controller for credit to theAccount.

2. The Ombudsman for Victims of Domestic Violence:

(a) Shall administer the Account for Programs Relatedto Domestic Violence; and

(b) May expend money in the Account only to pay forexpenses related to:

(1) The Committee on Domestic Violence createdpursuant to NRS 228.470;

(2) The Council;

(3) Training law enforcement officers, attorneysand members of the judicial system about domestic violence;

(4) Assisting victims of domestic violence andeducating the public concerning domestic violence; and

(5) Carrying out his duties and the functions ofhis office.

3. All claims against the Account for Programs Relatedto Domestic Violence must be paid as other claims against the State are paid.

(Added to NRS by 1997, 1819; A 2001, 2903; 2005, 941)

Committee on Domestic Violence

NRS 228.470 Appointmentof members; duties; Chairman; meetings; quorum; voting; staff; compensation ofmembers.

1. The Attorney General shall appoint a Committee onDomestic Violence comprised of:

(a) One staff member of a program for victims ofdomestic violence;

(b) One staff member of a program for the treatment ofpersons who commit domestic violence;

(c) One representative from an office of the districtattorney with experience in prosecuting criminal offenses;

(d) One representative from an office of the cityattorney with experience in prosecuting criminal offenses;

(e) One law enforcement officer;

(f) One provider of mental health care;

(g) Two victims of domestic violence; and

(h) One person who:

(1) Has successfully completed a program for thetreatment of persons who commit domestic violence;

(2) Has not committed a violent act followingsuch treatment; and

(3) Has demonstrated leadership by assistingpersons who commit domestic violence or victims of domestic violence.

At least twomembers of the Committee must be residents of a county whose population is lessthan 100,000.

2. The Committee shall:

(a) Adopt regulations for the evaluation, certificationand monitoring of programs for the treatment of persons who commit domesticviolence;

(b) Review, monitor and certify programs for thetreatment of persons who commit domestic violence;

(c) Review and evaluate existing programs provided topeace officers for training related to domestic violence and makerecommendations to the Peace Officers Standards and Training Commissionregarding such training;

(d) To the extent that money is available, arrange forthe provision of legal services, including, without limitation, assisting aperson in an action for divorce; and

(e) Submit on or before March 1 of each odd-numberedyear a report to the Director of the Legislative Counsel Bureau fordistribution to the regular session of the Legislature. The report mustinclude, without limitation, a summary of the work of the Committee andrecommendations for any necessary legislation concerning domestic violence.

3. The regulations governing certification of programsfor the treatment of persons who commit domestic violence adopted pursuant toparagraph (a) of subsection 2 must include, without limitation, provisionsallowing a program that is located in another state to become certified in thisState to provide treatment to persons who:

(a) Reside in this State; and

(b) Are ordered by a court in this State to participatein a program for the treatment of persons who commit domestic violence.

4. The Committee shall, at its first meeting andannually thereafter, elect a Chairman from among its members.

5. The Committee shall meet regularly at leastsemiannually and may meet at other times upon the call of the Chairman. Anyfive members of the Committee constitute a quorum for the purpose of voting. Amajority vote of the quorum is required to take action with respect to anymatter.

6. The Attorney General shall provide the Committeewith such staff as is necessary to carry out the duties of the Committee.

7. While engaged in the business of the Committee,each member and employee of the Committee is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

(Added to NRS by 1997, 1819; A 1999, 2428; 2005, 32)

Nevada Council for the Prevention of Domestic Violence

NRS 228.480 Creation;appointment of members; compensation of members.

1. The Nevada Council for the Prevention of DomesticViolence is hereby created within the Office of the Attorney General.

2. The Council must consist of not more than 30members appointed by the Attorney General from the various geographical regionsof the State.

3. The term of office of a member of the Council is 3years.

4. A vacancy on the Council must be filled in the samemanner as the original appointment for the remainder of the unexpired term.

5. Each member of the Council:

(a) Serves without compensation; and

(b) While engaged in the business of the Council, isentitled to receive the per diem allowance and travel expenses provided forstate officers and employees generally.

(Added to NRS by 2005, 940)

NRS 228.485 Chairman;meetings; adoption of rules.

1. The Attorney General or his designee is theChairman of the Council.

2. The Council shall annually elect a Vice Chairman,Secretary and Treasurer from among its members.

3. The Council shall meet at least three times in eachcalendar year and may meet at other times upon the call of the Chairman. Atleast one meeting in each calendar year must be held at a location within theFourth Judicial District, Fifth Judicial District, Sixth Judicial District orSeventh Judicial District.

4. The Council shall adopt rules for its ownmanagement and government.

(Added to NRS by 2005, 940)

NRS 228.490 Duties.

1. For the purpose of preventing and eliminatingdomestic violence in this State, the Council shall:

(a) Increase awareness of the existence andunacceptability of domestic violence in this State;

(b) Make recommendations for any necessary legislationrelating to domestic violence to the Office of the Attorney General; and

(c) Provide financial support to programs for theprevention of domestic violence in this State.

2. The Council shall:

(a) Study and review all appropriate issues related tothe administration of the criminal justice system in rural Nevada with respectto offenses involving domestic violence, including, without limitation, theavailability of counseling services; and

(b) With the assistance of the Court Administrator,based upon the study and review conducted pursuant to paragraph (a), prepareand submit a report of its findings and recommendations to the Director of theLegislative Counsel Bureau, on or before February 1 of each odd-numbered year,for transmittal to the next regular session of the Legislature. In preparingthe report, the Council shall solicit comments and recommendations fromdistrict judges, municipal judges and justices of the peace in rural Nevada andinclude in its report, as a separate section, all comments and recommendationsthat are received by the Council.

3. The Council may apply for and accept gifts, grants,donations and contributions from any source for the purpose of carrying out itsduties pursuant to this section. Any money that the Council receives pursuantto this subsection must be deposited in and accounted for separately in theAccount for Programs Related to Domestic Violence created pursuant to NRS 228.460 for use by the Council in carryingout its duties.

(Added to NRS by 2005, 940)

TELECOMMUNICATION SOLICITATION

NRS 228.500 Definitions. As used in NRS 228.500to 228.640, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 228.510, 228.520 and 228.530 have the meanings ascribed to themin those sections.

(Added to NRS by 2003, 2877)

NRS 228.510 Registrydefined. Registry means the registryestablished pursuant to NRS 228.550unless, pursuant to NRS 228.540, thepart of the single national database that relates to this State is deemed to bethe registry.

(Added to NRS by 2003, 2877)

NRS 228.520 Telephonesolicitor defined.

1. Telephone solicitor means a person who makes orcauses another person or a machine to make an unsolicited telephone call forthe sale of goods or services.

2. As used in this section:

(a) Device for automatic dialing and announcing hasthe meaning ascribed to it in NRS 597.812.

(b) Machine includes, without limitation, a devicefor automatic dialing and announcing.

(Added to NRS by 2003, 2877)

NRS 228.530 Unsolicitedtelephone call for the sale of goods or services defined.

1. Unsolicited telephone call for the sale of goodsor services means an unsolicited telephone call, other than a telephone callon behalf of a charitable organization, religious organization or politicalorganization, to:

(a) Rent, lease, sell, exchange, promote or gift anygood or service;

(b) Solicit any act described in paragraph (a);

(c) Seek or obtain a donation or contribution of moneyor anything else of value; or

(d) Seek or obtain information, including, withoutlimitation, any document, intended to be used to facilitate any act describedin paragraph (a), (b) or (c).

2. As used in this section:

(a) Charitable organization means a person that theSecretary of the Treasury has determined to be tax exempt pursuant to theprovisions of section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. 501(c)(3).

(b) Committee for political action means a committeefor political action, as defined in NRS294A.0055, which has registered pursuant to NRS 294A.230.

(c) Good or service means:

(1) Any property or product, whether tangible orintangible;

(2) Any service, including, without limitation,financial service;

(3) A loan or any other extension of credit;

(4) Insurance;

(5) Any investment or opportunity forinvestment;

(6) A gift, prize, bonus or any other inducementto act; or

(7) Anything of value.

(d) Political organization means a committee forpolitical action, political party or candidate for public office.

(e) Religious organization means an organization forwhich the primary purpose is the operation of a church, synagogue or otherplace of religious worship at which nonprofit religious services and activitiesare regularly conducted.

(f) Telephone call on behalf of a charitableorganization, religious organization or political organization means atelephone call on behalf of the organization if the call is made by:

(1) An employee of the organization who is paiddirectly by the organization; or

(2) A volunteer.

3. For the purposes of this section, a telephone callis deemed to have been solicited if it is made to a person who:

(a) Expressly requested or expressly gave permissionfor the telephone call to be made;

(b) Had an established business relationship with thecaller, if the telephone call is made solely to verify the termination of thebusiness relationship; or

(c) Has a delinquent obligation for which payment orperformance is due but has not been made, if the telephone call is made to:

(1) Collect the payment or obtain theperformance; or

(2) Extend credit to allow the person to makethe payment.

(Added to NRS by 2003, 2877)

NRS 228.540 Nationaldatabase of telephone numbers of persons requesting not to receive unsolicitedtelephone calls for sale of goods or services: Attorney General findings;effect on registry.

1. If a federal agency establishes a single nationaldatabase of telephone numbers of persons who request not to receive unsolicitedtelephone calls for the sale of goods or services, the Attorney General shall,to the extent consistent with federal law, examine that database and thefederal law relating to that database for the purposes of NRS 228.500 to 228.640, inclusive. Based upon thisexamination and his analysis of the applicable needs of this State, theAttorney General may issue a finding that:

(a) The part of the single national database thatrelates to this State is adequate to serve as the registry for the purposes of NRS 228.500 to 228.640, inclusive; and

(b) It is in the best interests of this State for the AttorneyGeneral to use the part of the single national database that relates to thisState as the registry for the purposes of NRS228.500 to NRS 228.640, inclusive.

2. Except as otherwise provided in subsection 3, ifthe Attorney General issues the finding described in subsection 1:

(a) The part of the single national database thatrelates to this State shall be deemed to be the registry for the purposes of NRS 228.500 to 228.640, inclusive;

(b) The Attorney General shall forward the applicableinformation in the registry established pursuant to NRS 228.550, if any, to the federal agencyor other appropriate person who maintains the single national database;

(c) The provisions of NRS228.550 and 228.580 do not apply;

(d) The provisions of paragraphs (b), (c) and (d) ofsubsection 1 of NRS 228.560 do notapply; and

(e) The provisions of subsection 3 of NRS 228.590 do not apply.

3. Not less than biennially, the Attorney Generalshall reexamine the single national database and the federal law relating tothat database for the purposes of NRS228.500 to 228.640, inclusive. Basedupon this reexamination and his analysis of the applicable needs of this State,the Attorney General may rescind his finding issued pursuant to subsection 1.If the Attorney General rescinds his finding:

(a) Except as otherwise provided in paragraph (d), 1month after the Attorney General rescinds his finding, the provisions of NRS 228.550 apply;

(b) Five months after the Attorney General rescinds hisfinding, the provisions of NRS 228.580apply;

(c) Six months after the Attorney General rescinds hisfinding:

(1) The provisions of paragraphs (b), (c) and(d) of subsection 1 of NRS 228.560apply;

(2) The provisions of subsection 3 of NRS 228.590 apply; and

(3) The part of the single national databasethat relates to this State shall cease to be deemed to be the registry for thepurposes of NRS 228.500 to 228.640, inclusive; and

(d) Three years after the Attorney General rescinds hisfinding, the provisions of paragraph (d) of subsection 1 of NRS 228.550 apply.

4. At any time after rescinding a finding pursuant tosubsection 3, the Attorney General may again issue a finding described insubsection 1, and may rescind that finding pursuant to subsection 3.

(Added to NRS by 2003, 2878)

NRS 228.550 Registryof names and telephone numbers of persons requesting not to receive unsolicitedtelephone calls for sale of goods or services; maintenance.

1. The Attorney General shall:

(a) Establish and maintain, or cause to be establishedand maintained, a registry that includes the name and telephone number of eachperson in this State who has requested that his telephone number be included inthe list published pursuant to this section;

(b) Provide for a toll-free telephone number that maybe used to request inclusion or maintenance of a telephone number in theregistry;

(c) Publish a list of the telephone numbers in theregistry at least once every 6 months and ensure that no other personallyidentifying information contained in the registry is included in the publishedlists;

(d) On January 1, 2007, and every 3 years thereafter,delete from the registry every telephone number and related information, exceptfor each telephone number and related information for which the AttorneyGeneral has received a request within the preceding 6 months to include ormaintain the telephone number in the registry;

(e) During the 6-month period identified in paragraph(d), use reasonable means, including, without limitation, public serviceannouncements, to inform the public that telephone numbers and relatedinformation in the registry will be deleted or otherwise purged unless new orrenewed requests for inclusion in the registry are received by the AttorneyGeneral; and

(f) If a federal agency establishes a single nationaldatabase of telephone numbers of persons who request not to receive unsolicitedtelephone calls for the sale of goods or services:

(1) Include the part of the single nationaldatabase that relates to this State in the registry;

(2) At least once every 6 months, add to theregistry any new and applicable information that has been added to the part ofthe single national database that relates to this State; and

(3) At least once every 6 months, remove fromthe registry any applicable information that has been removed from the part ofthe single national database that relates to this State.

2. The Attorney General may:

(a) Contract for the establishment and maintenance ofthe registry;

(b) Provide for additional procedures for requestinginclusion or maintenance of a telephone number in the registry; and

(c) Require by regulation that information in additionto names and telephone numbers be included in the registry, including, withoutlimitation, the mailing address of each person who has requested inclusion inthe registry.

3. A person may request that his telephone number beincluded or maintained in the registry using:

(a) A toll-free telephone number provided by theAttorney General for that purpose; or

(b) Any other method provided by the Attorney General.

4. A person may request to have his telephone numberremoved from the registry. Such a request must be submitted to the AttorneyGeneral in writing.

(Added to NRS by 2003, 2879)

NRS 228.560 Publicservice announcement concerning registry.

1. The Attorney General shall make informationavailable to the public concerning the establishment and maintenance of theregistry, including, without limitation:

(a) The procedures for requesting the inclusion ormaintenance of a telephone number in the registry;

(b) A statement indicating that a revised version ofthe list of telephone numbers in the registry will be published at least onceevery 6 months;

(c) A statement indicating that no informationcontained in the registry, other than the telephone numbers, will be includedon the list published pursuant to this section or otherwise disclosed to thepublic; and

(d) A statement indicating that all telephone numbersand related information in the registry will be deleted or otherwise purgedfrom the registry every 3 years, except for any telephone number and relatedinformation for which the Attorney General has received a new or renewed requestfor inclusion in the registry within the 6 months before the potentialdeletion.

2. A person who publishes telephone directories fordistribution to the public in this State shall ensure that each such telephonedirectory includes the information made available to the public by the AttorneyGeneral pursuant to subsection 1.

(Added to NRS by 2003, 2880)

NRS 228.570 Publicationof information in registry. To the extentconsistent with federal law:

1. The registry is not a public record. Any listpublished of the telephone numbers contained within the registry is not apublic record.

2. The telephone numbers in the registry must not bepublished or released except pursuant to the provisions of NRS 228.500 to 228.640, inclusive.

3. The information in the registry other than thetelephone numbers:

(a) Must not be published or released; and

(b) May only be used by the Attorney General toadminister the provisions of NRS 228.500to 228.640, inclusive.

(Added to NRS by 2003, 2881)

NRS 228.580 Availabilityof telephone numbers in registry to telephone solicitors. Each list of telephone numbers published pursuant to NRS 228.550 must be made available to atelephone solicitor upon the payment of the fee established by regulation forthis purpose by the Attorney General. The fee must not exceed $1,000 annuallyfor each telephone solicitor, regardless of the number of revised editions ofthe list that are published during the calendar year.

(Added to NRS by 2003, 2881)

NRS 228.590 Callsprohibited to telephone numbers in registry; limited use of information inregistry.

1. Except as otherwise provided in NRS 228.600, a telephone solicitor shallnot intentionally make an unsolicited telephone call for the sale of goods orservices to a telephone number in the currently effective version of the listof telephone numbers in the registry.

2. A person who obtains a copy of or access to theregistry or to any version of the list of telephone numbers in the registryshall not use that information for any purpose other than determining whether aparticular telephone number is available for an unsolicited telephone call forthe sale of goods or services.

3. For the purposes of this section, a version of thelist of telephone numbers in the registry is deemed to be the currentlyeffective version of the list for the period beginning on the 31st day after itis published and ending on the 30th day after the next version is published.

(Added to NRS by 2003, 2881)

NRS 228.600 Telephonesolicitors: Use of telephone numbers in registry; establishment of internalregistry of telephone numbers of persons requesting not to receive unsolicitedtelephone calls; notice to persons with whom solicitor has preexisting businessrelationship.

1. The provisions of NRS228.590 do not prohibit a telephone solicitor from making or causinganother person to make an unsolicited telephone call for the sale of goods orservices to a telephone number in the currently effective version of the listof telephone numbers in the registry if:

(a) There is a preexisting business relationshipbetween the telephone solicitor and the person who is called; and

(b) The telephone solicitor complies with theprovisions of this section.

2. Before a telephone solicitor may make or causeanother person to make an unsolicited telephone call for the sale of goods orservices based on a preexisting business relationship, the telephone solicitormust establish and maintain an internal do-not-call registry that complies withfederal and state laws and regulations. The internal do-not-call registry must:

(a) Include, without limitation, a list of thetelephone numbers of any person who has requested that the telephone solicitornot make or cause another person to make an unsolicited telephone call for thesale of goods or services to a telephone number of the person making therequest; and

(b) Upon request, be provided by the telephonesolicitor to the Attorney General.

3. In addition to the requirements set forth insubsection 2, at least once each year, the telephone solicitor shall providewritten notice to each person with whom the telephone solicitor has apreexisting business relationship. The written notice must:

(a) Inform the person that the telephone solicitor is providingthe notice pursuant to state law;

(b) Explain to the person that the telephone solicitormay elect to be placed on the internal do-not-call list of the telephonesolicitor and specify the procedures for making such an election; and

(c) Explain to the person that the person may contactthe customer service department of the telephone solicitor or the AttorneyGeneral to obtain further information concerning the provisions of this sectionand must provide the current address, telephone number and electronic mailaddress of the customer service department of the telephone solicitor and theAttorney General.

4. As used in this section, preexisting businessrelationship means a relationship between a telephone solicitor and a personthat is based on:

(a) The persons purchase, rental or lease of goods orservices directly from the telephone solicitor, but not from any affiliate orassociate of the telephone solicitor; or

(b) Any other financial transaction directly betweenthe person and the telephone solicitor, but not between the person and anyaffiliate or associate of the telephone solicitor,

that occurswithin the 18 months immediately preceding the date of the unsolicitedtelephone call for the sale of goods or services.

(Added to NRS by 2003, 2881)

NRS 228.610 AttorneyGeneral to institute legal proceedings against violator. If the Attorney General has reason to believe that aperson has violated any of the provisions of NRS228.500 to 228.640, inclusive, orany regulation adopted pursuant thereto, he may institute an appropriate legalproceeding against the person in a court of competent jurisdiction.

(Added to NRS by 2003, 2882)

NRS 228.620 Violationconstitutes deceptive trade practice. A violationof a provision of NRS 228.500 to 228.640, inclusive, constitutes a deceptivetrade practice for the purposes of NRS598.0903 to 598.0999, inclusive.

(Added to NRS by 2003, 2882)

NRS 228.630 RegistryFund: Creation; administration.

1. The Registry Fund is hereby created as a specialrevenue fund in the State Treasury for the use of the Attorney General.

2. All money collected by the Attorney General pursuantto NRS 228.580 must be deposited in theState Treasury for credit to the Registry Fund. The interest and income earnedon the money in the Registry Fund, after deducting any applicable charges, mustbe credited to the Registry Fund.

3. Expenditures from the Registry Fund must be madeonly to administer and enforce the provisions of NRS 228.500 to 228.640, inclusive.

4. The Attorney General shall administer the RegistryFund. All claims against the Registry Fund must be paid as other claims againstthe State are paid.

5. Any money remaining in the Registry Fund at the endof a fiscal year does not revert to the State General Fund, and the balance inthe Registry Fund must be carried forward to the next fiscal year.

6. Each year, the Attorney General shall submit anitemized statement of the income and expenditures for the Registry Fund:

(a) To the Legislature, if the Legislature is insession; or

(b) To the Interim Finance Committee, if theLegislature is not in session.

(Added to NRS by 2003, 2882)

NRS 228.640 Regulations. The Attorney General shall adopt regulations to carry outthe provisions of NRS 228.500 to 228.640, inclusive.

(Added to NRS 2003, 2883)

 

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