2005 Nevada Revised Statutes - Chapter 622 — General Provisions Governing Regulatory Bodies

Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES

CHAPTER 622 - GENERAL PROVISIONS GOVERNINGREGULATORY BODIES

GENERAL PROVISIONS

NRS 622.005 Definitions.

NRS 622.020 Immediaterelative defined.

NRS 622.030 Licensedefined.

NRS 622.040 Licenseedefined.

NRS 622.050 Memberof a regulatory body defined.

NRS 622.060 Regulatorybody defined.

REGULATORY DUTIES

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

REPORTS

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

NRS 622.110 Reportsof regulatory activities; contents of reports; duties of Director ofLegislative Counsel Bureau.

ADMINISTRATION AND PERSONNEL

NRS 622.200 Trainingof members.

NRS 622.210 Conditionsand limitations regarding employment of person whose immediate relative islicensee of regulatory body.

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

NRS 622.230 Conditionsand limitations regarding contracting with person to provide services asindependent contractor.

REGULATORY PROCEEDINGS; RECORDS

NRS 622.300 Dutyof licensee to disclose certain information regarding immediate relatives.

NRS 622.310 Certainmedical information and records protected from disclosure.

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

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

NRS 622.340 Requirementsfor meetings conducted by audio or video teleconference.

NRS 622.350 Certainmeetings conducted outside State prohibited.

NRS 622.360 Disciplinaryproceedings: Licensee required to submit fingerprints; additional grounds fordisciplinary action.

ATTORNEYS FEES AND COSTS

NRS 622.400 Recoveryof attorneys fees and costs incurred by regulatory body in certain regulatoryproceedings.

NRS 622.410 Recoveryof attorneys fees and costs incurred by regulatory body in certain judicialactions.

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GENERAL PROVISIONS

NRS 622.005 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS622.020 to 622.060, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 2003, 1185, 3416)

NRS 622.020 Immediaterelative defined. Immediate relative means:

1. A spouse.

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

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

(Added to NRS by 2003, 1185)

NRS 622.030 Licensedefined. License means any license,certificate, registration, permit or similar type of authorization issued by aregulatory body.

(Added to NRS by 2003, 1185, 3416)

NRS 622.040 Licenseedefined. Licensee means a person who holdsany license, certificate, registration, permit or similar type of authorizationissued by a regulatory body.

(Added to NRS by 2003, 1185, 3416)

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

(Added to NRS by 2003, 1185)

NRS 622.060 Regulatorybody defined. Regulatory body means:

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

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

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

REGULATORY DUTIES

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

(Added to NRS by 2003, 1185, 3417)

REPORTS

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

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

2. The Director of the Legislative Counsel Bureaushall:

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

(b) Cause a notice of the availability of suchinformation to be posted on the public website of the Nevada Legislature on theInternet; and

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

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

NRS 622.110 Reportsof regulatory activities; contents of reports; duties of Director ofLegislative Counsel Bureau.

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

2. The report must include, without limitation:

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

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

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

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

3. The Director of the Legislative Counsel Bureaushall compile all the reports he receives and distribute copies of thecompilation to the Senate Standing Committee on Commerce and Labor and theAssembly Standing Committee on Commerce and Labor, which each shall review thecompilation to determine whether the continued existence of each regulatorybody is necessary.

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

ADMINISTRATION AND PERSONNEL

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

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

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

(Added to NRS by 2003, 1185)

NRS 622.210 Conditionsand limitations regarding employment of person whose immediate relative islicensee of regulatory body. Except asotherwise provided in NRS 622.220, aregulatory body may not employ a person whose immediate relative is a licenseeof the regulatory body, unless the regulatory body implements policies andprocedures to prevent the person who is employed by the regulatory body fromparticipating in any activities that are directly related to the licensee.

(Added to NRS by 2003, 1186)

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

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

2. Must not be the immediate relative of:

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

(b) A licensee of the regulatory body.

(Added to NRS by 2003, 1186)

NRS 622.230 Conditionsand limitations regarding contracting with person to provide services asindependent contractor. A regulatory body maynot contract with a person to provide services to the regulatory body as anindependent contractor if the person is the immediate relative of:

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

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

(Added to NRS by 2003, 1186)

REGULATORY PROCEEDINGS; RECORDS

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

1. Is employed by the regulatory body; or

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

(Added to NRS by 2003, 1186)

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

(Added to NRS by 2003, 3417)

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

1. The provisions of NRS241.020 do not apply to proceedings relating to an investigation conductedto determine whether to proceed with disciplinary action against a licensee,unless the licensee requests that the proceedings be conducted pursuant tothose provisions.

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

(Added to NRS by 2003, 3417)

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

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

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

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

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

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

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

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

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

(Added to NRS by 2003, 3417)

NRS 622.340 Requirementsfor meetings conducted by audio or video teleconference.

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

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

3. The provisions of this section do not prohibit aregulatory body from holding a closed meeting or preventing a person fromparticipating in a meeting in accordance with chapter241 of NRS.

(Added to NRS by 2005, 2698)

NRS 622.350 Certainmeetings conducted outside State prohibited.

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

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

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

2. The provisions of subsection 1 do not prohibit amember of a regulatory body from attending an educational seminar, retreat forprofessional development or similar activity that is conducted outside thisState.

(Added to NRS by 2005, 2697)

NRS 622.360 Disciplinaryproceedings: Licensee required to submit fingerprints; additional grounds fordisciplinary action.

1. If a regulatory body initiates disciplinaryproceedings against a licensee pursuant to this title, the licensee shall,within 30 days after the licensee receives notification of the initiation ofthe disciplinary proceedings, submit to the regulatory body a complete set ofhis fingerprints and written permission authorizing the regulatory body toforward the fingerprints to the Central Repository for Nevada Records ofCriminal History for submission to the Federal Bureau of Investigation for itsreport.

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

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

(a) The report from the Federal Bureau of Investigationindicates that the licensee has been convicted of an unlawful act that is aground for taking disciplinary action against the licensee pursuant to thistitle; and

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

4. To the extent possible, the provisions of thissection are intended to supplement other statutory provisions governingdisciplinary proceedings. If there is a conflict between such other provisionsand the provisions of this section, the other provisions control to the extentthat the other provisions provide more specific requirements regarding thediscipline of a licensee.

(Added to NRS by 2005, 2698)

ATTORNEYS FEES AND COSTS

NRS 622.400 Recoveryof attorneys fees and costs incurred by regulatory body in certain regulatoryproceedings.

1. A regulatory body may recover from a personreasonable attorneys fees and costs that are incurred by the regulatory bodyas part of its investigative, administrative and disciplinary proceedingsagainst the person if the regulatory body:

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

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

2. As used in this section, costs means:

(a) Costs of an investigation.

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

(c) Fees for court reporters at any depositions orhearings.

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

(e) Fees for necessary interpreters at any depositionsor hearings.

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

(g) Expenses for research, including, withoutlimitation, reasonable and necessary expenses for computerized services forlegal research.

(Added to NRS by 2003, 3417)

NRS 622.410 Recoveryof attorneys fees and costs incurred by regulatory body in certain judicial actions. A court shall award to a regulatory body reasonableattorneys fees and reasonable costs specified in NRS 18.005 that are incurred by theregulatory body to bring or defend in any action if:

1. The action relates to the imposition or recovery ofan administrative or civil remedy or penalty, the enforcement of any subpoenaissued by the regulatory body or the enforcement of any provision of this titlewhich the regulatory body has the authority to enforce, any regulation adoptedpursuant thereto or any order of the regulatory body; and

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

(Added to NRS by 2003, 3418)

 

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