2005 Nevada Revised Statutes - Chapter 645C — Appraisers of Real Estate

CHAPTER 645C - APPRAISERS OF REAL ESTATE

GENERAL PROVISIONS

NRS 645C.010 Definitions.

NRS 645C.020 Administratordefined.

NRS 645C.030 Appraisaldefined.

NRS 645C.040 Appraiserdefined.

NRS 645C.045 Certificatedefined.

NRS 645C.047 Certifiedappraiser defined.

NRS 645C.050 Commissiondefined.

NRS 645C.055 Complexproperty defined.

NRS 645C.060 Divisiondefined.

NRS 645C.070 Interndefined.

NRS 645C.080 Licensedefined.

NRS 645C.090 Licensedappraiser defined.

NRS 645C.100 Permitdefined.

NRS 645C.110 Realestate defined.

NRS 645C.120 Registeredintern defined.

NRS 645C.130 Registrationcard defined.

NRS 645C.140 Purposeof chapter.

NRS 645C.150 Applicabilityof chapter.

ADMINISTRATION

NRS 645C.170 Administrationby Division; employment of professional consultants to investigate complaints;employees of Division.

NRS 645C.175 Authorityfor Division to conduct business electronically; regulations; fees; use ofunsworn declaration; exclusions.

NRS 645C.180 Commissionof Appraisers of Real Estate: Creation; appointment and terms of members;limitations on membership.

NRS 645C.190 Commissionof Appraisers of Real Estate: Qualifications and oaths of members.

NRS 645C.200 Commissionof Appraisers of Real Estate: Fiscal year; officers; meetings; compensation ofmembers.

NRS 645C.210 Commissionof Appraisers of Real Estate: Powers and duties; service of process.

NRS 645C.220 Records:Maintenance by Division; general provisions governing public inspection andconfidentiality.

NRS 645C.225 Records:Certain records relating to investigation deemed confidential; certain recordsrelating to disciplinary action deemed public records.

NRS 645C.230 Publicationand sale of manual or guide.

NRS 645C.240 Dispositionof money received by Division; financial support of Division.

NRS 645C.250 Dutiesof Attorney General.

LICENSING AND PRACTICE

NRS 645C.260 Certificate,license, permit or registration card required; penalty; prosecution ofviolation.

NRS 645C.270 Interns:Registration card; supervision; authorization to work; denial of registrationcard.

NRS 645C.280 Typesand scope of licenses and certificates.

NRS 645C.290 Applicationfor certificate or license: Form and contents.

NRS 645C.295 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license, certificate or registration card; duty of Division.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 645C.295 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license, certificate or registration card; duty of Division.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

NRS 645C.300 Submissionof fees and fingerprints with application; investigation of applicantsbackground.

NRS 645C.310 Periodfor action on application.

NRS 645C.320 Qualificationsfor issuance and grounds for denial of certificate or license.

NRS 645C.330 Educationalrequirements and required experience.

NRS 645C.340 Examinationfor certificate or license: Fees; scope; use of professional testingorganization.

NRS 645C.350 Frequencyof examinations; taking examination before completion of experience;notification of applicant regarding satisfaction of requirements.

NRS 645C.360 Issuanceof certificate or license without examination; reciprocal agreements forissuance of certificates or licenses.

NRS 645C.363 Permitto conduct appraisal to person who holds certificate or license in anotherstate.

NRS 645C.367 Issuanceof certificate, license or permit to resident of another state: Appointment ofAdministrator as agent for service of process; service of process uponAdministrator.

NRS 645C.370 Notificationof denial of application; leave to file another application; procedure forappeal of denial.

NRS 645C.380 Invalidationand surrender of certificate, license or registration card issued in error;notice; request for hearing.

NRS 645C.390 Form,size and contents of certificate, license or registration card; expiration andrenewal.

NRS 645C.400 Officesof appraiser; change in name of business or location of office; record ofappraisals; notices to Division.

NRS 645C.410 Terminationof association between appraiser and intern: Duties of appraiser; suspension ofregistration card; prohibited acts of intern.

NRS 645C.420 Placementof certificate or license on inactive status; reinstatement.

NRS 645C.430 Continuingeducation: Requirements for renewal or reinstatement of certificate or license.

NRS 645C.440 Continuingeducation: Regulations; approval of courses.

NRS 645C.450 Scheduleof fees; regulations.

ENFORCEMENT

NRS 645C.460 Groundsfor disciplinary action; authorized disciplinary action; limitations onreissuance of certificate, license or registration card after revocation;orders imposing discipline deemed public records.

NRS 645C.463 Disciplinaryaction for failure to pay money to Commission or Division.

NRS 645C.465 Suspensionof license, certificate or registration card for failure to pay child supportor comply with certain subpoenas or warrants; reinstatement of license,certificate or registration card. [Expires by limitation 2 years after the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 645C.470 Unprofessionalconduct of certified or licensed appraiser or registered intern.

NRS 645C.480 Unprofessionalconduct of certified or licensed appraiser.

NRS 645C.490 Revocationor suspension of certificate, license or registration card for unprofessionalconduct of associate.

NRS 645C.500 Revocation,suspension or denial of renewal of certificate, license or registration card:Complaint; hearing; notice of hearing. [Effective until the date 2 years afterthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 645C.500 Revocation,suspension or denial of renewal of certificate, license or registration card:Complaint; hearing; notice of hearing. [Effective on the date 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 645C.510 Revocation,suspension or denial of renewal of certificate, license or registration card:Answer or default; limitations on time for commencement of proceeding.

NRS 645C.520 Revocationor suspension of license or registration card: Notice of decision.

NRS 645C.525 Disciplinaryproceedings, fines and penalties not affected by expiration, revocation orvoluntary surrender of certificate, license or registration card.

NRS 645C.530 Administrationof oaths; issuance and enforcement of subpoenas.

NRS 645C.540 Paymentof witnesses for fees and mileage.

NRS 645C.550 Injunctions.

NRS 645C.555 Administrativefine for engaging in certain conduct without certificate, license, registrationcard or authorization; procedure for imposition of fine; judicial review;exceptions.

NRS 645C.560 Penalties.

_________

GENERAL PROVISIONS

NRS 645C.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS645C.020 to 645C.130, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1989, 822; A 1997, 300)

NRS 645C.020 Administratordefined. Administrator means the Real EstateAdministrator.

(Added to NRS by 1989, 822)

NRS 645C.030 Appraisaldefined. Appraisal means an analysis, opinionor conclusion, whether written or oral, relating to the nature, quality, value oruse of a specified interest in, or aspect of, identified real estate for orwith the expectation of receiving compensation.

(Added to NRS by 1989, 822)

NRS 645C.040 Appraiserdefined. Appraiser means a person who preparesor communicates an appraisal, but does not include anyone who merely relays anappraisal on behalf of the person who prepares it.

(Added to NRS by 1989, 822)

NRS 645C.045 Certificatedefined. Certificate means a certificate issuedto an appraiser pursuant to this chapter.

(Added to NRS by 1991, 887)

NRS 645C.047 Certifiedappraiser defined. Certified appraisermeans an appraiser to whom a certificate has been issued pursuant to thischapter.

(Added to NRS by 1991, 887)

NRS 645C.050 Commissiondefined. Commission means the Commission ofAppraisers of Real Estate.

(Added to NRS by 1989, 822)

NRS 645C.055 Complexproperty defined. Complex property meansresidential property which:

1. Is atypical for the marketplace in which it islocated based on, without limitation, such factors as:

(a) The architectural style of the property;

(b) Special improvements made to the property;

(c) The size of the lot;

(d) The use of the property;

(e) Environmental factors related to the property;

(f) Ownership of a partial interest in the property;and

2. Requires techniques to be used other than a simplecomparison of sales or an analysis of cost or income in order to produce areliable appraisal of that property.

(Added to NRS by 1997, 299)

NRS 645C.060 Divisiondefined. Division means the Real Estate Divisionof the Department of Business and Industry.

(Added to NRS by 1989, 822; A 1993, 1893)

NRS 645C.070 Interndefined. Intern means a person who activelyassists in the preparation or communication of an appraisal, but does notinclude anyone who merely provides information concerning real estate to anappraiser or records, transcribes or copies information concerning real estatefor an appraiser, or relays an appraisal on behalf of an appraiser.

(Added to NRS by 1989, 822)

NRS 645C.080 Licensedefined. License means a license issued toan appraiser pursuant to this chapter.

(Added to NRS by 1989, 823)

NRS 645C.090 Licensedappraiser defined. Licensed appraiser meansan appraiser to whom a license has been issued pursuant to this chapter.

(Added to NRS by 1989, 823)

NRS 645C.100 Permitdefined. Permit means a permit to conduct anappraisal issued to an appraiser by the Administrator pursuant to NRS 645C.363.

(Added to NRS by 1989, 823; A 1991, 887; 1993, 812)

NRS 645C.110 Realestate defined. Real estate includes land,any improvements and fixtures permanently affixed thereon, and every right,interest or estate therein, whether legal or equitable, whether corporeal orincorporeal, and whether the property is situated in this state or elsewhere,including without limitation freeholds, leaseholds and interests incondominiums, townhouses and planned unit developments.

(Added to NRS by 1989, 823)

NRS 645C.120 Registeredintern defined. Registered intern means anintern to whom a registration card has been issued pursuant to this chapter.

(Added to NRS by 1989, 823)

NRS 645C.130 Registrationcard defined. Registration card means acard issued to an intern pursuant to this chapter signifying his registrationby the Division.

(Added to NRS by 1989, 823)

NRS 645C.140 Purposeof chapter. The purpose of this chapter is tocarry out the policy expressed in the portion of the Financial InstitutionsReform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3331-3351) whichconcerns appraisers, to establish a program in this state to license andcertify appraisers, and to protect the users of appraisals in this state.

(Added to NRS by 1989, 823; A 1991, 887)

NRS 645C.150 Applicabilityof chapter. The provisions of this chapter donot apply to:

1. A federal or state employee, or an employee of alocal government, who prepares or communicates an appraisal as part of hisofficial duties, unless a license or certificate is required as a condition ofhis employment.

2. A person appointed to evaluate real estate pursuantto chapter 152 of NRS or NRS 269.125, except as required by theappointing judge.

3. A board of appraisers acting pursuant to NRS 269.135.

4. A person licensed pursuant to chapter 645 or 684Aof NRS, or certified pursuant to chapter 645Dof NRS, while he is performing an act within the scope of his license orcertificate.

5. A person who makes an evaluation of real estate asan incidental part of his employment for which special compensation is notprovided, if that evaluation is only provided to his employer for internal usewithin the place of his employment.

6. A person who makes an assessment of the value ofproperty in connection with a judicial proceeding for eminent domain broughtpursuant to chapter 37 of NRS.

(Added to NRS by 1989, 823; A 1991, 887; 1997, 1797; 2005, 522)

ADMINISTRATION

NRS 645C.170 Administrationby Division; employment of professional consultants to investigate complaints;employees of Division.

1. The Division shall:

(a) Administer this chapter and may employ legalcounsel, investigators and other professional consultants necessary to thedischarge of its duties pursuant to this chapter; and

(b) Within the limits of available money, employ orcontract for the services of professional consultants to investigatecomplaints, conduct audits and perform any other activities necessary to ensurecompliance with Title XI of the Financial Institutions Reform, Recovery andEnforcement Act of 1989, as amended.

2. No employee of the Division may:

(a) Be employed by or have an interest in any businessthat prepares appraisals; or

(b) Act as an appraiser, as an agent for an appraiseror as an intern.

(Added to NRS by 1989, 825; A 2001, 3169)

NRS 645C.175 Authorityfor Division to conduct business electronically; regulations; fees; use ofunsworn declaration; exclusions.

1. The Administrator may adopt regulations whichestablish procedures for the Division to conduct business electronicallypursuant to title 59 of NRS with persons who are regulated pursuant to thischapter and with any other persons with whom the Division conducts business.The regulations may include, without limitation, the establishment of fees topay the costs of conducting business electronically with the Division.

2. In addition to the process authorized by NRS 719.280, if the Division is conductingbusiness electronically with a person and a law requires a signature or recordto be notarized, acknowledged, verified or made under oath, the Division mayallow the person to substitute a declaration that complies with the provisionsof NRS 53.045 to satisfy the legalrequirement.

3. The Division may refuse to conduct businesselectronically with a person who has failed to pay money which the person owesto the Division or the Commission.

(Added to NRS by 2003, 1296)

NRS 645C.180 Commissionof Appraisers of Real Estate: Creation; appointment and terms of members;limitations on membership.

1. The Commission of Appraisers of Real Estate ishereby created, consisting of five members appointed by the Governor.

2. At least two members of the Commission must beresidents of the southern district of Nevada, which consists of the counties ofClark, Esmeralda, Lincoln and Nye.

3. At least two members of the Commission must beresidents of the northern district of Nevada, which consists of Carson City,and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon,Mineral, Pershing, Storey, Washoe and White Pine.

4. Not more than two members may be appointed from anyone county.

5. After the terms of the initial members, theCommission must contain at least two members who hold certificates as generalappraisers and at least two members who hold certificates or licenses asresidential appraisers.

6. A member of the Commission is eligible forreappointment, but shall not serve for a period greater than 6 yearsconsecutively, after which he is not eligible for appointment or reappointmentuntil 3 years have elapsed from his previous period of service.

(Added to NRS by 1989, 823; A 1991, 888)

NRS 645C.190 Commissionof Appraisers of Real Estate: Qualifications and oaths of members.

1. Each member of the Commission must:

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

(b) Have been a resident of the State of Nevada for notless than 5 years;

(c) Have been actively engaged in business as anappraiser within the State for a period of not less than 3 years immediatelypreceding the date of his appointment; and

(d) After the terms of the initial members, be acertified or licensed appraiser.

2. Before entering upon the duties of his office, eachmember of the Commission shall take:

(a) The constitutional oath of office; and

(b) An oath that he is legally qualified to serve as amember of the Commission.

(Added to NRS by 1989, 824; A 1991, 888)

NRS 645C.200 Commissionof Appraisers of Real Estate: Fiscal year; officers; meetings; compensation ofmembers.

1. The Commission shall:

(a) Operate on the basis of a fiscal year beginning onJuly 1 and ending on June 30.

(b) At the first meeting of each fiscal year, elect aPresident, Vice President and Secretary to serve for the ensuing year.

(c) Hold at least two meetings each year, one in thesouthern part of the State and one in the northern part of the State, at timesand places designated by the Commission. When there is sufficient business,additional meetings of the Commission may be held at the call of the Presidentof the Commission. Written notice of the time, place and purpose of eachmeeting must be given to each member at least 3 working days before themeeting.

2. While engaged in the business of the Commission,each member of the Commission is entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Commission; and

(b) A per diem allowance and travel expenses at a ratefixed by the Commission. The rate must not exceed the rate provided for stateofficers and employees generally.

(Added to NRS by 1989, 824; A 1991, 495)

NRS 645C.210 Commissionof Appraisers of Real Estate: Powers and duties; service of process.

1. The Commission shall:

(a) Adopt a seal to authenticate its proceedings.

(b) Conduct hearings pursuant to this chapter.

(c) Establish programs for education and research inthe preparation and communication of appraisals.

(d) Adopt regulations:

(1) Governing the examinations, education andexperience required by this chapter;

(2) Establishing standards for the preparationand communication of appraisals; and

(3) Establishing standards of professionalconduct.

(e) Perform any other acts necessary to carry out theprovisions of this chapter.

2. The Commission may:

(a) Adopt such regulations as are reasonable andnecessary for the administration of this chapter; and

(b) By regulation delegate any authority conferred onit by this chapter to the Administrator to be exercised pursuant to theregulations of the Commission.

3. Service of process and other communications uponthe Commission may be made at the principal office of the Division.

(Added to NRS by 1989, 824)

NRS 645C.220 Records:Maintenance by Division; general provisions governing public inspection andconfidentiality.

1. The Division shall maintain a record of:

(a) Persons whose applications for a certificate,license or registration card have been denied;

(b) Investigations conducted by it which result in theinitiation of formal disciplinary proceedings;

(c) Formal disciplinary proceedings; and

(d) Rulings or decisions upon complaints filed with it.

2. Except as otherwise provided in this section and NRS 645C.225, records kept in the officeof the Division pursuant to this chapter are open to the public for inspectionpursuant to regulations adopted by the Commission. The Division may keepconfidential, unless otherwise ordered by a court:

(a) Examinations for a certificate or license; and

(b) The criminal and financial records of an appraiseror intern, or an applicant for a certificate, license or registration card.

(Added to NRS by 1989, 825; A 1991, 888; 2003, 3470)

NRS 645C.225 Records:Certain records relating to investigation deemed confidential; certain recordsrelating to disciplinary action deemed public records.

1. Except as otherwise provided in this section, acomplaint filed with the Commission, all documents and other information filedwith the complaint and all documents and other information compiled as a resultof an investigation conducted to determine whether to initiate disciplinaryaction are confidential.

2. The complaint or other document filed by theCommission to initiate disciplinary action and all documents and informationconsidered by the Commission when determining whether to impose discipline arepublic records.

(Added to NRS by 2003, 3470)

NRS 645C.230 Publicationand sale of manual or guide. Upon approval ofthe Commission, the Division may publish or supply a manual or guide concerningappraisals, and offer it for sale to the public for a reasonable fee.

(Added to NRS by 1989, 826)

NRS 645C.240 Dispositionof money received by Division; financial support of Division.

1. Except as otherwise provided in subsections 2 and3, all fees, penalties and other charges received by the Division pursuant tothis chapter must be deposited with the State Treasurer for credit to the StateGeneral Fund.

2. Fees received by the Division:

(a) From the sale of publications, must be retained bythe Division to pay the costs of printing and distributing publications.

(b) For examinations, must be retained by the Divisionto pay the costs of the administration of examinations.

Any surplusof the fees retained by the Division must be deposited with the State Treasurerfor credit to the State General Fund.

3. The portion of the fees collected by the Divisionpursuant to NRS 645C.450 for theissuance or renewal of a certificate or license as a residential appraiser orthe issuance or renewal of a certificate as a general appraiser which is usedfor payment of the registry fee to the Financial Institutions ExaminationCouncil pursuant to 12 U.S.C. 3338, must be retained by the Division forpayment to the Financial Institutions Examination Council.

4. Money for the support of the Division in carryingout the provisions of this chapter must be provided by direct legislativeappropriation and be paid out on claims as other claims against the State arepaid.

(Added to NRS by 1989, 826; A 1993, 812; 1997, 847)

NRS 645C.250 Dutiesof Attorney General.

1. The Attorney General shall render to the Divisionopinions upon questions of law relating to the construction or interpretationof this chapter, or arising in the administration thereof, submitted to him bythe Division or the Commission.

2. The Attorney General shall act as the attorney forthe Division in all actions and proceedings brought against or by the Divisionpursuant to any of the provisions of this chapter.

(Added to NRS by 1989, 825)

LICENSING AND PRACTICE

NRS 645C.260 Certificate,license, permit or registration card required; penalty; prosecution ofviolation.

1. Any person who, in this State, engages in thebusiness of, acts in the capacity of, advertises or assumes to act as:

(a) An appraiser without first obtaining theappropriate certificate, license or permit pursuant to this chapter; or

(b) An intern without first obtaining a registrationcard pursuant to this chapter,

is guilty ofa misdemeanor.

2. The Division may file a complaint in any court ofcompetent jurisdiction for a violation of this section, and assist inpresenting the law or facts at any hearing upon the complaint.

3. At the request of the Administrator, the AttorneyGeneral shall prosecute such a violation. Unless the violation is prosecuted bythe Attorney General, the district attorney shall prosecute a violation whichoccurs in his county.

(Added to NRS by 1989, 826; A 1991, 889)

NRS 645C.270 Interns:Registration card; supervision; authorization to work; denial of registrationcard.

1. An intern must:

(a) Obtain a registration card from the Division; and

(b) Be associated with and supervised by the appraisernamed in the registration card.

2. An intern shall not assist in the preparation orcommunication of an appraisal without the written authorization of theappraiser named in his registration card.

3. The Division may deny an application for aregistration card on any ground sufficient to deny an application for acertificate or license.

(Added to NRS by 1989, 828; A 1991, 889)

NRS 645C.280 Typesand scope of licenses and certificates.

1. An appraiser may obtain from the Division:

(a) A license as a residential appraiser, whichauthorizes him to perform an appraisal of real estate suitable for orconsisting of no more than four residential units in any one transaction, if:

(1) The total value does not exceed $1,000,000and the complexity of the transaction does not, under the regulations of afederal agency or the standards adopted by the Appraisal Subcommittee of theFederal Financial Institutions Examination Council, require a certifiedappraiser; or

(2) The property is not a complex property;

(b) A certificate as a residential appraiser, whichauthorizes him to perform an appraisal of real estate suitable for orconsisting of no more than four residential units in any one transaction,without regard to value or complexity; or

(c) A certificate as a general appraiser, whichauthorizes him to perform any appraisal.

2. A person certified or licensed as a residentialappraiser may, under the direct supervision of a person certified as a generalappraiser, assist in the preparation and communication of an appraisal that isoutside the scope of his certificate or license.

3. The Commission may establish, by regulation,additional classifications of licensure or certification, and thequalifications therefor, if necessary to comply with classifications andqualifications established by the Appraisal Subcommittee of the Federal FinancialInstitutions Examination Council.

(Added to NRS by 1989, 826; A 1991, 889; 2005, 1292)

NRS 645C.290 Applicationfor certificate or license: Form and contents. Anapplication for a certificate or license must be in writing upon a formprepared and furnished by the Division. The application must include thefollowing information:

1. The name, age and address of the applicant.

2. The place or places, including the street number,city and county, where the applicant intends to conduct business as anappraiser.

3. The business, occupation or other employment of theapplicant during the 5 years immediately preceding the date of the application,and the location thereof.

4. The periods during which, and the locations where,he gained his experience as an intern.

5. Whether the applicant has ever been convicted of,is under indictment for, or has entered a plea of guilty or nolo contendere to:

(a) A felony and, if so, the nature of the felony.

(b) Forgery, embezzlement, obtaining money under falsepretenses, larceny, extortion, conspiracy to defraud or any crime involvingmoral turpitude.

6. Whether the applicant has ever been refused acertificate, license or permit to act as an appraiser, or has ever had such acertificate, license or permit suspended or revoked, in any other jurisdiction.

7. If the applicant is a member of a partnership orassociation or is an officer of a corporation, the name and address of theprincipal office of the partnership, association or corporation.

8. Any other information the Division requires.

(Added to NRS by 1989, 827; A 1991, 890; 1995, 2480; 2003, 1504)

NRS 645C.295 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license, certificate or registration card; duty of Division.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

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

(a) Anapplicant for the issuance of a license, certificate or registration card issuedpursuant to this chapter shall include the social security number of theapplicant in the application submitted to the Division.

(b) An applicant for the issuance or renewal of alicense, certificate or registration card issued pursuant to this chapter shallsubmit to the Division the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completedand signed by the applicant.

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

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

(b) A separate form prescribed by the Division.

3. A license, certificate or registration card may notbe issued or renewed by the Division pursuant to this chapter if the applicant:

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

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

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

(Added to NRS by 1997, 2174; A 2005, 2786, 2807)

NRS 645C.295 Payment of child support: Submissionof certain information by applicant; grounds for denial of license, certificateor registration card; duty of Division. [Effective on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license,certificate or registration card issued pursuant to this chapter shall submitto the Division the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

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

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

(b) A separate form prescribed by the Division.

3. A license, certificate or registration card may notbe issued or renewed by the Division pursuant to this chapter if the applicant:

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

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

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

(Added to NRS by 1997, 2174; A 2005, 2786, 2787, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 645C.300 Submissionof fees and fingerprints with application; investigation of applicantsbackground.

1. Each application for a certificate, license orregistration card must be accompanied by:

(a) The fee for the certificate, license or registrationcard;

(b) The fee to pay the costs of an investigation of theapplicants background; and

(c) All information required to complete theapplication.

2. Each applicant must, as part of his application andat his own expense:

(a) Arrange to have a complete set of his fingerprintstaken by a law enforcement agency or other authorized entity acceptable to theDivision; and

(b) Submit to the Division:

(1) A completed fingerprint card and writtenpermission authorizing the Division to submit the applicants fingerprints tothe Central Repository for Nevada Records of Criminal History for submission tothe Federal Bureau of Investigation for a report on the applicants backgroundand to such other law enforcement agencies as the Division deems necessary; or

(2) Written verification, on a form prescribedby the Division, stating that the fingerprints of the applicant were taken anddirectly forwarded electronically or by another means to the Central Repositoryand that the applicant has given written permission to the law enforcementagency or other authorized entity taking the fingerprints to submit thefingerprints to the Central Repository for submission to the Federal Bureau ofInvestigation for a report on the applicants background and to such other lawenforcement agencies as the Division deems necessary.

3. The Division may:

(a) Unless the applicants fingerprints are directlyforwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submitthose fingerprints to the Central Repository for submission to the FederalBureau of Investigation and to such other law enforcement agencies as theDivision deems necessary; and

(b) Request from each such agency any informationregarding the applicants background as the Division deems necessary.

(Added to NRS by 1989, 828; A 1991, 891; 1997, 2175; 2003, 1297, 2864; 2005, 1293, 2788, 2807, 2814)

NRS 645C.310 Periodfor action on application. Unless the Divisionextends the time, it shall act upon an application for a certificate or licensewithin 60 days after receiving the completed application. If in the opinion ofthe Administrator additional investigation of the applicant appears necessary,the Division may extend that period as long as necessary to complete theinvestigation before acting on the application.

(Added to NRS by 1989, 827; A 1991, 891)

NRS 645C.320 Qualificationsfor issuance and grounds for denial of certificate or license.

1. The Administrator shall issue a certificate orlicense, as appropriate, to any person:

(a) Of good moral character, honesty and integrity;

(b) Who meets the educational requirements and has theexperience prescribed in NRS 645C.330or any regulation adopted pursuant to that section;

(c) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed awritten examination approved by the Commission; and

(d) Who submits all information required to complete anapplication for a certificate or license.

2. The Administrator may deny an application for acertificate or license to any person who:

(a) Has been convicted of, or entered a plea of guiltyor nolo contendere to, forgery, embezzlement, obtaining money under falsepretenses, larceny, extortion, conspiracy to defraud or any crime involvingmoral turpitude;

(b) Makes a false statement of a material fact on hisapplication; or

(c) Has had a certificate, license or registration cardsuspended or revoked pursuant to this chapter, or a certificate, license orpermit to act as an appraiser suspended or revoked in any other jurisdiction,within the 10 years immediately preceding the date of his application.

(Added to NRS by 1989, 827; A 1991, 891; 1993, 812;1995, 2481; 1997, 2175; 2003, 1504; 2005, 1294, 2788, 2807, 2815)

NRS 645C.330 Educationalrequirements and required experience. The Commission shall adoptregulations that prescribe the standards for education and experience requiredfor the issuance of a certificate or license. Until the Commission adopts thoseregulations, the standards are as follows:

1. An applicant for a license as a residentialappraiser must furnish proof satisfactory to the Commission that he hassuccessfully completed:

(a) Not less than 90 hours of academic instruction insubjects related to appraisals taught in courses approved by the Commission;and

(b) At least 2 years of experience working full time asan appraiser or intern.

2. An applicant for a certificate as a residentialappraiser must furnish proof satisfactory to the Commission that he hassuccessfully completed:

(a) Not less than 120 hours of academic instruction insubjects related to appraisal taught in courses approved by the Commission; and

(b) At least 2 years of experience working full time asan appraiser or intern, including not less than 500 hours of experiencerelating to complex property.

3. An applicant for a certificate as a generalappraiser must furnish proof satisfactory to the Commission that he hassuccessfully completed:

(a) Not less than 180 hours of academic instruction insubjects related to appraisals taught in courses approved by the Commission;and

(b) At least 3 years of experience working full time asan appraiser or intern.

As used inthis section, an hour of academic instruction means at least 50 minutes ofactual time spent receiving instruction.

(Added to NRS by 1989, 826; A 1991, 891; 1993, 813;1997, 300; 2005, 1295)

NRS 645C.340 Examinationfor certificate or license: Fees; scope; use of professional testingorganization.

1. Each application for an examination for acertificate or license must be accompanied by the fees established by theDivision pursuant to subsection 2 of NRS645C.450.

2. The examination must test the applicant on hisknowledge and understanding of:

(a) Subjects applicable to the type of certificate orlicense for which he is applying; and

(b) Laws regarding the practice of preparing andcommunicating appraisals, including the provisions of this chapter and anyregulations adopted pursuant thereto.

3. The Division may hire a professional testingorganization to create, administer or score the examination.

(Added to NRS by 1989, 828; A 1991, 892; 1995, 994)

NRS 645C.350 Frequencyof examinations; taking examination before completion of experience;notification of applicant regarding satisfaction of requirements.

1. The Division shall cause examinations to beconducted not less than once every 6 months.

2. An applicant may take the written examinationbefore he completes the requirements for experience, but a certificate orlicense must not be issued until all the requirements are met.

3. The Division shall notify each applicant in writingwhether he passed or failed the examination, or has alternatively satisfied therequirements for a certificate, license or permit pursuant to NRS 645C.360, as determined by the Commission.

(Added to NRS by 1989, 828; A 1991, 892; 1993, 2806)

NRS 645C.360 Issuanceof certificate or license without examination; reciprocal agreements forissuance of certificates or licenses.

1. An applicant for a certificate or license issuedpursuant to this chapter is not required to pass the examination otherwiserequired by NRS 645C.320 if:

(a) He holds a certificate or license as an appraiserissued by another state or territory of the United States or the District ofColumbia;

(b) The requirements for the examination for thecertificate or license issued in that state or territory of the United Statesor the District of Columbia are substantially equivalent to the requirementsfor the examination required by this State for a certificate or license; and

(c) The applicant has passed the examination in thatstate or territory of the United States or the District of Columbia.

2. The Division shall issue a certificate or licenseto a person who holds a certificate or license as an appraiser issued by astate or territory of the United States or the District of Columbia if it hasentered into a reciprocal agreement with the Commission for the issuance ofcertificates and licenses pursuant to this chapter and the person submits proofto the Division that:

(a) He has been issued a certificate or license by thestate or territory of the United States or the District of Columbia; and

(b) At the time he files his application with theDivision, the certificate or license is in effect.

3. The Commission shall not enter into a reciprocalagreement pursuant to subsection 2 unless the provisions relating to theappraisal of real estate, including the requirements for the licensing ofappraisers of real estate, in the other state or territory of the United Statesor District of Columbia are substantially similar to the provisions relating tothe appraisal of real estate in this State.

(Added to NRS by 1989, 827; A 1991, 892; 1993, 813)

NRS 645C.363 Permitto conduct appraisal to person who holds certificate or license in anotherstate.

1. The Division may issue a permit to conduct anappraisal in this State to a person who holds a certificate or license issuedby another state or territory of the United States or the District of Columbia.

2. The Commission shall adopt regulations whichprescribe the requirements for the issuance of such a permit.

(Added to NRS by 1993, 811)

NRS 645C.367 Issuanceof certificate, license or permit to resident of another state: Appointment ofAdministrator as agent for service of process; service of process uponAdministrator.

1. The Division shall not issue a certificate, licenseor permit pursuant to this chapter to an applicant who is a resident of anotherstate unless he has executed a written statement that appoints theAdministrator as his agent for the service of process for any action orproceeding filed against him in this State.

2. The statement of appointment must include aprovision which provides:

(a) That any process which is served on theAdministrator shall be deemed to have the same legal validity as if it had beenserved on the applicant;

(b) That the appointment of the Administrator as hisagent for the service of process continues as long as any liability remainsoutstanding against him in this State; and

(c) For venue in any judicial or administrativedistrict in this State without regard to the residence or principal place ofbusiness of the holder of a certificate or license.

3. The statement of appointment must be signed by theapplicant and notarized. The applicant shall file a copy of the statement ofappointment with the Administrator. A copy of the statement which is certifiedby the Administrator shall be deemed sufficient evidence of the appointment.

4. If any process is served upon the Administratorpursuant to this section, the Administrator shall mail the process by certifiedmail to the last known address of the person holding the certificate, licenseor permit. Service of process shall be deemed complete upon mailing. The mannerof the service of process described in this subsection does not affect thevalidity of any other service of process authorized by law.

(Added to NRS by 1993, 811)

NRS 645C.370 Notificationof denial of application; leave to file another application; procedure forappeal of denial.

1. If an application is denied, the Division shallnotify the applicant within 15 days after its decision. If the denial is ongrounds other than a failure to pass the examination, the applicant may notreapply until he petitions the Division for leave to file another application.The Division may grant or deny that leave in its sole discretion.

2. If the applicant, within 30 days after receipt ofthe notice denying his application, files a written request containingallegations which, if true, qualify the applicant for a certificate, license orregistration card, the President of the Commission shall set the matter for ahearing to be conducted within 90 days after receipt of the applicantsrequest.

3. The hearing must be held at a time and placeprescribed by the Commission. At least 15 days before the date set for thehearing, the Division shall serve the applicant with written notice of thehearing and include with the notice an exact copy of any protests filed,together with copies of all communications, reports, affidavits or depositionsin possession of the Division relevant to the matter in question. The noticemay be served by personal delivery to the applicant, or by mailing it bycertified mail to the applicants last known business or residential address.

4. The hearing may be held by the Commission or amajority thereof, and a hearing must be held if the applicant so desires. Arecord of the proceedings, or any part thereof, must be made available to eachparty upon the payment to the Division of the reasonable cost of transcription.

5. The Commission shall render a decision on thematter within 60 days after the final hearing and notify the parties to theproceedings, in writing, of its ruling, order or decision within 15 days afterit is made.

(Added to NRS by 1989, 829; A 1991, 892)

NRS 645C.380 Invalidationand surrender of certificate, license or registration card issued in error;notice; request for hearing. The Division,upon the discovery of any error in the issuance of a certificate, license orregistration card which is related to the qualifications or fitness of theholder thereof, may invalidate the certificate, license or registration cardupon notice in writing to the holder. The holder shall surrender thecertificate, license or registration card to the Division within 20 days afterthe notice is sent by the Division. A person whose certificate, license orregistration card is invalidated pursuant to this section, and who has surrenderedhis certificate, license or registration card, may request a hearing on thematter as for the denial of an application pursuant to NRS 645C.370.

(Added to NRS by 1989, 829; A 1991, 893)

NRS 645C.390 Form,size and contents of certificate, license or registration card; expiration andrenewal.

1. The Division shall issue a certificate, license orregistration card to each eligible person in the form and size prescribed by theCommission. A certificate, license or registration card must:

(a) Show the name and address of the appraiser orintern and the location of each place where he transacts business as anappraiser or intern;

(b) Have imprinted thereon the seal of the Commission;and

(c) Contain any additional matter prescribed by theCommission.

2. A certificate, license or registration card isvalid for 2 years after the first day of the first calendar month immediatelyfollowing the date it is issued.

3. If an appraiser fails to apply for the renewal ofhis certificate or license and pay the fee for renewal before the certificateor license expires, and then applies for renewal:

(a) No later than 1 year after the date of expiration,he must pay a fee equal to 150 percent of the amount otherwise required forrenewal.

(b) Later than 1 year after the date of expiration, hemust apply in the same manner as for an original certificate or license.

(Added to NRS by 1989, 829; A 1991, 893)

NRS 645C.400 Officesof appraiser; change in name of business or location of office; record ofappraisals; notices to Division.

1. An appraiser shall maintain a principal office forthe transaction of his business as an appraiser. If he maintains additionaloffices in this state, he must obtain a duplicate certificate or license fromthe Division for each additional office. The appraiser shall display hiscertificate or license conspicuously in each of his offices.

2. An appraiser shall give written notice to theDivision and surrender his certificate or license within 10 days after anychange in the name of his business or the location of an office. Upon thesurrender of the certificate or license and the payment of the appropriate fee,the Division shall issue a certificate or license valid for the remainingperiod of the original certificate or license.

3. An appraiser shall maintain a record of eachappraisal he prepares for not less than 5 years after completion of theappraisal, and notify the Division of the location where the record is storedand of any change in that location.

4. Failure to give any notice pursuant to this sectionis cause for the revocation or suspension of the certificate or license orplacement of the certificate or license on inactive status.

(Added to NRS by 1989, 830; A 1991, 894)

NRS 645C.410 Terminationof association between appraiser and intern: Duties of appraiser; suspension ofregistration card; prohibited acts of intern.

1. If an intern for any reason terminates hisassociation with an appraiser, the appraiser shall:

(a) Immediately deliver or mail by certified mail tothe Division the interns registration card, together with a written statementof the circumstances surrounding the termination of the association and a copyof the notice required by paragraph (b); and

(b) At the time of delivering or mailing theregistration card to the Division, advise the intern that his registration cardhas been forwarded to the Division by mailing notice of that fact to theinterns last known residential address.

2. The registration card must be suspended if theintern does not become associated with another certified or licensed appraiserwithin 30 days after the termination of his previous association.

3. The intern shall not assist in the preparation orcommunication, whether directly or indirectly, of an appraisal under theauthority of his registration card from the date that the registration card isdelivered or mailed by the appraiser with whom his association was terminatedto the Division, until the date that a new registration card is issued naminganother appraiser with whom the intern has become associated.

(Added to NRS by 1989, 830; A 1991, 894)

NRS 645C.420 Placementof certificate or license on inactive status; reinstatement.

1. The Division may place a certificate or license oninactive status:

(a) At the request of the appraiser;

(b) For failure of the appraiser to notify the Divisionpursuant to NRS 645C.400 of any changein the name or location of his business, or of the location or any change inthe location where his records are stored;

(c) For failure to apply and pay the fee for renewalbefore the expiration of the certificate or license; or

(d) As a result of a disciplinary proceeding againstthe appraiser.

2. An appraiser whose certificate or license has beenplaced on inactive status shall not prepare or communicate appraisals until hemeets all the requirements for the reinstatement of his certificate or license.

3. A certificate or license may be reinstated uponsubmission of the required fee and proof of completion of the required hours ofcontinuing education, and upon approval by the Division.

(Added to NRS by 1989, 831; A 1991, 894)

NRS 645C.430 Continuingeducation: Requirements for renewal or reinstatement of certificate or license.

1. An appraiser must complete the requirements forcontinuing education prescribed by regulations adopted by the Commission as acondition to the renewal of an active certificate or license or thereinstatement of an inactive certificate or license. Until the Commissionadopts those regulations, the standards for continuing education are asfollows:

(a) For the renewal of an active certificate orlicense, not less than 30 hours of instruction within the 2 years immediatelypreceding the application for renewal.

(b) For the reinstatement of a certificate or licensewhich has been on inactive status:

(1) For not more than 2 years, or for more than2 years including the initial period of certification or licensure, not lessthan 30 hours of instruction.

(2) For more than 2 years, no part of whichincludes the initial period of certification or licensure, not less than 15hours of instruction per year for each year that the certificate or license wason inactive status, not to exceed 60 hours of instruction.

2. As used in this section, an hour of instructionmeans at least 50 minutes of actual time spent receiving instruction.

(Added to NRS by 1989, 830; A 1991, 895; 1997, 300; 2005, 1295)

NRS 645C.440 Continuingeducation: Regulations; approval of courses.

1. The Commission shall adopt regulations governingthe continuing education of certified or licensed appraisers. The regulationsmust include the criteria for approving each course and the requirements forsubmission of proof of attendance at a course.

2. In approving courses for continuing education theCommission shall authorize a variety of subjects and give consideration tospecialized areas of practice and the availability of programs. An appropriateeducational course given by an accredited university or community college mustbe approved by the Commission.

(Added to NRS by 1989, 831; A 1991, 895)

NRS 645C.450 Scheduleof fees; regulations.

1. The following fees may be charged and collected bythe Division:

 

Application for a certificate, license or registration card................................. $100

Issuance or renewal of a certificate or license as aresidential appraiser........ 290

Issuance or renewal of a certificate as a general appraiser................................ 390

Issuance of a permit................................................................................................. 115

Issuance or renewal of a registration card........................................................... 190

Issuance of a duplicate certificate or license for anadditional office................ 50

Change in the name or location of a business....................................................... 20

Reinstatement of an inactive certificate or license................................................ 30

Annual approval of a course of instruction offered inpreparation for an initial certificate or license 100

Original approval of a course of instruction offered forcontinuing education 100

Renewal of approval of a course of instruction offered forcontinuing education 50

 

2. The Division shall adopt regulations whichestablish the fees to be charged and collected by the Division to pay the costsof:

(a) Any examination for a certificate or license,including any costs which are necessary for the administration of such anexamination.

(b) Any investigation of a persons background.

(Added to NRS by 1989, 831; A 1991, 895; 1995, 995; 2001, 3169; 2003, 1298)

ENFORCEMENT

NRS 645C.460 Groundsfor disciplinary action; authorized disciplinary action; limitations onreissuance of certificate, license or registration card after revocation;orders imposing discipline deemed public records.

1. Grounds for disciplinary action against a certifiedor licensed appraiser or registered intern include:

(a) Unprofessional conduct;

(b) Professional incompetence;

(c) A criminal conviction for a felony relating to thepractice of appraisers or any offense involving moral turpitude; and

(d) The suspension or revocation of a registrationcard, certificate, license or permit to act as an appraiser in any otherjurisdiction.

2. If grounds for disciplinary action against anappraiser or intern exist, the Commission may do one or more of the following:

(a) Revoke or suspend his certificate, license orregistration card.

(b) Place conditions upon his certificate, license orregistration card, or upon the reissuance of a certificate, license orregistration card revoked pursuant to this section.

(c) Deny the renewal of his certificate, license orregistration card.

(d) Impose a fine of not more than $1,000 for eachviolation.

3. If a certificate, license or registration card isrevoked by the Commission, another certificate, license or registration cardmust not be issued to the same appraiser or intern for at least 1 year afterthe date of the revocation, or at any time thereafter except in the solediscretion of the Administrator, and then only if the appraiser or internsatisfies all the requirements for an original certificate, license orregistration card.

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

(Added to NRS by 1989, 831; A 1991, 896; 1993, 892; 2001, 525; 2003, 2726, 3471)

NRS 645C.463 Disciplinaryaction for failure to pay money to Commission or Division. In addition to any other remedy or penalty, the Commissionor the Division, as appropriate, may:

1. Refuse to issue a certificate, license orregistration card to a person who has failed to pay money which the person owesto the Commission or the Division.

2. Refuse to renew, or suspend or revoke, thecertificate, license or registration card of a person who has failed to paymoney which the person owes to the Commission or the Division.

(Added to NRS by 2003, 1297)

NRS 645C.465 Suspensionof license, certificate or registration card for failure to pay child supportor comply with certain subpoenas or warrants; reinstatement of license, certificateor registration card. [Expires by limitation 2 years after the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If the Division receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a license,certificate or registration card issued pursuant to this chapter, the Divisionshall deem the license, certificate or registration card issued to that personto be suspended at the end of the 30th day after the date on which the courtorder was issued unless the Division receives a letter issued to the holder ofthe license, certificate or registration card by the district attorney or otherpublic agency pursuant to NRS 425.550stating that the holder of the license, certificate or registration card has compliedwith the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a license, certificateor registration card issued pursuant to this chapter that has been suspended bya district court pursuant to NRS 425.540if the Division receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person whose license, certificate or registration card was suspendedstating that the person whose license, certificate or registration card wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2174; A 2005, 2807)

NRS 645C.470 Unprofessionalconduct of certified or licensed appraiser or registered intern. A certified or licensed appraiser or registered intern isguilty of unprofessional conduct if he:

1. Willfully uses a trade name, service mark or insigneindicating membership in an organization for appraisers of which he is not amember;

2. Violates any order of the Commission, agreementwith the Division, provision of this chapter or provision of any regulationadopted pursuant to this chapter;

3. Fails to disclose to any person with whom he isdealing any material fact or other information he knows, or in the exercise ofreasonable care and diligence should know, concerning or relating to any realestate he appraises, including any interest he has in the real estate;

4. Knowingly communicates a false or fraudulentappraisal to any interested person or otherwise engages in any deceitful,fraudulent or dishonest conduct;

5. Enters into a contract to prepare an appraisal bywhich his compensation is based partially or entirely on the amount of theappraised value of the real estate;

6. Before obtaining his license or registration card,engaged in any conduct of which the Division is not aware that would be aground for the denial of a certificate, license or registration card; or

7. Makes a false statement of material fact on hisapplication.

(Added to NRS by 1989, 832; A 1991, 896)

NRS 645C.480 Unprofessionalconduct of certified or licensed appraiser.

1. A certified or licensed appraiser is guilty ofunprofessional conduct if he:

(a) Fails to produce any document, book or record inhis possession or under his control after being requested to do so by theDivision as part of its investigation of a complaint;

(b) Refuses to prepare or communicate an appraisalbecause of age, race, color, national origin, disability, familial status, sexor ethnic group; or

(c) Fails to supervise adequately an intern associatedwith him.

2. As used in this section:

(a) Disability means, with respect to a person:

(1) A physical or mental impairment thatsubstantially limits one or more of the major life activities of the person;

(2) A record of such an impairment; or

(3) Being regarded as having such an impairment.

(b) Familial status means the fact that a person:

(1) Lives with a child under the age of 18 andhas:

(I) Lawful custody of the child; or

(II) Written permission to live with thechild from the person who has lawful custody of the child;

(2) Is pregnant; or

(3) Has begun a proceeding to adopt or otherwiseobtain lawful custody of a child.

(Added to NRS by 1989, 832; A 1991, 897, 1983; 1995,1995)

NRS 645C.490 Revocationor suspension of certificate, license or registration card for unprofessionalconduct of associate. Unprofessional conductby an appraiser is not a ground for the revocation or suspension of theregistration card of an intern, or the certificate or license of anotherappraiser, who is associated with that appraiser unless it appears to thesatisfaction of the Commission that the associate knew or should have known ofthat conduct. A course of conduct which is shown to have been persistently andconsistently followed by the appraiser guilty of unprofessional conduct isprima facie evidence of that knowledge on the part of the associate.

(Added to NRS by 1989, 832; A 1991, 897)

NRS 645C.500 Revocation,suspension or denial of renewal of certificate, license or registration card:Complaint; hearing; notice of hearing. [Effective until the date 2 years afterthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. Except as otherwise provided in NRS 425.540, the procedure set forth inthis section and NRS 645C.510 and 645C.520 must be followed before theCommission revokes, suspends or denies the renewal of a certificate, license orregistration card.

2. Upon the initiation of a complaint by theAdministrator, he shall set the matter for a hearing and schedule a date forthe hearing before the Commission. The appraiser or intern is entitled toappear at the hearing in person and to be represented by counsel.

3. The Commission shall hold the hearing within 90days after the filing of a complaint by the Administrator. The hearing may becontinued by the Commission upon its own motion, or at the discretion of theCommission upon the written request of the Division, appraiser or intern, forgood cause shown.

4. The Division shall give written notice of the date,time and place of the hearing, together with a copy of the complaint and copiesof all communications, reports, affidavits or depositions in the possession ofthe Division relevant to the complaint, to the appraiser or intern not lessthan 30 days before the hearing. The Division may present evidence it obtainsafter the notice was given only if it shows that the evidence was not availableupon diligent investigation before the notice was given and that the evidencewas given or communicated to the appraiser or intern immediately after it wasobtained.

5. Notice pursuant to this section is deemed to begiven upon personal delivery to the appraiser or intern, or upon mailing bycertified mail to his last known address. If the complaint is against anintern, the Division shall also notify the appraiser with whom he is associatedby mailing an exact statement of the charges, and the date, time and place ofthe hearing, by certified mail to the last known address of the appraiser.

(Added to NRS by 1989, 833; A 1991, 897; 1997, 2175; 2001, 526; 2005, 2807)

NRS 645C.500 Revocation, suspension or denial ofrenewal of certificate, license or registration card: Complaint; hearing;notice of hearing. [Effective on the date 2 years after the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. The procedure set forth in this section and NRS 645C.510 and 645C.520 must be followed before theCommission revokes, suspends or denies the renewal of a certificate, license orregistration card.

2. Upon the initiation of a complaint by theAdministrator, he shall set the matter for a hearing and schedule a date forthe hearing before the Commission. The appraiser or intern is entitled toappear at the hearing in person and to be represented by counsel.

3. The Commission shall hold the hearing within 90days after the filing of a complaint by the Administrator. The hearing may becontinued by the Commission upon its own motion, or at the discretion of theCommission upon the written request of the Division, appraiser or intern, forgood cause shown.

4. The Division shall give written notice of the date,time and place of the hearing, together with a copy of the complaint and copiesof all communications, reports, affidavits or depositions in the possession ofthe Division relevant to the complaint, to the appraiser or intern not lessthan 30 days before the hearing. The Division may present evidence it obtainsafter the notice was given only if it shows that the evidence was not availableupon diligent investigation before the notice was given and that the evidencewas given or communicated to the appraiser or intern immediately after it wasobtained.

5. Notice pursuant to this section is deemed to begiven upon personal delivery to the appraiser or intern, or upon mailing bycertified mail to his last known address. If the complaint is against anintern, the Division shall also notify the appraiser with whom he is associatedby mailing an exact statement of the charges, and the date, time and place ofthe hearing, by certified mail to the last known address of the appraiser.

(Added to NRS by 1989, 833; A 1991, 897; 1997, 2175; 2001, 526; 2005, 2807,effective on the date 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 645C.510 Revocation,suspension or denial of renewal of certificate, license or registration card:Answer or default; limitations on time for commencement of proceeding.

1. The appraiser or intern must file an answer to thecharges with the Commission not later than 30 days after service of the noticeand other documents described in NRS645C.500. The answer must contain an admission or denial of the allegationscontained in the complaint and any defenses upon which the appraiser or internwill rely. If no answer is filed within the period described in thissubsection, the Division may, after notice to the appraiser or intern given inthe manner provided in subsection 5 of NRS645C.500, move the Commission for the entry of a default against theappraiser or intern.

2. The answer may be served by delivery to theCommission, or by mailing the answer by certified mail to the principal officeof the Division.

3. No proceeding to suspend, revoke or deny therenewal of a certificate, license or registration card may be maintained unlessit is commenced by giving notice to the appraiser or intern within 5 yearsafter the commission or omission of the alleged grounds to suspend, revoke ordeny the renewal of the certificate, license or registration, except that:

(a) If the charges are based upon a misrepresentationor failure to disclose, the period does not commence until the discovery offacts which do or should lead to the discovery of the misrepresentation orfailure to disclose; and

(b) The period is suspended during the pendency of anyaction or proceeding, to which the Division, appraiser or intern is a party,which involves the conduct of the appraiser or intern in a transaction to whichthe alleged grounds to suspend, revoke or deny the renewal of the certificate,license or registration are related.

(Added to NRS by 1989, 833; A 1991, 898; 2001, 526; 2005, 1296)

NRS 645C.520 Revocationor suspension of license or registration card: Notice of decision. The Commission shall render a decision within 15 daysafter a hearing and serve the appraiser or intern with written notice of thedecision within 60 days after the hearing. If the decision is adverse to theappraiser or intern, the notice must include the date upon which the decisionbecomes effective, which must be not less than 30 days after the date of thenotice.

(Added to NRS by 1989, 834)

NRS 645C.525 Disciplinaryproceedings, fines and penalties not affected by expiration, revocation orvoluntary surrender of certificate, license or registration card. The expiration or revocation of a certificate, license orregistration card by operation of law or by order or decision of the Commissionor a court of competent jurisdiction, or the voluntary surrender of acertificate, license or registration card by a certified or licensed appraiseror registered intern does not:

1. Prohibit the Commission or Division from initiatingor continuing an investigation of, or action or disciplinary proceedingagainst, the certified or licensed appraiser or registered intern as authorizedpursuant to the provisions of this chapter or the regulations adopted pursuantthereto; or

2. Prevent the imposition or collection of any fine orpenalty authorized pursuant to the provisions of this chapter or theregulations adopted pursuant thereto against the certified or licensedappraiser or registered intern.

(Added to NRS by 2001, 525)

NRS 645C.530 Administrationof oaths; issuance and enforcement of subpoenas.

1. Any member of the Commission may administer oathsand issue subpoenas to compel the attendance of witnesses and the production ofbooks and papers.

2. If any witness refuses to attend, testify orproduce any books and papers as required by the subpoena, the Administrator orthe President of the Commission may report to the district court by petition,setting forth that:

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

(b) The witness has been subpoenaed by the Commissionpursuant to this section; and

(c) The witness has failed or refused to attend orproduce the books and papers required by the subpoena before the Commission, orhas refused to answer questions propounded to him,

and askingfor an order of the court compelling the witness to attend and testify orproduce the books and papers before the Commission.

3. Upon such a petition, the court shall enter anorder directing the witness to appear before the court at a time and place tobe fixed by the court in its order, the time to be not more than 10 days afterthe date of the order, and then and there show cause why he has not attended,testified or produced the books or papers before the Commission. A certifiedcopy of the order must be served upon the witness.

4. If it appears to the court that the subpoena wasregularly issued by the Commission, the court shall enter an order that thewitness appear before the commission, at the time and place fixed in the order,and testify or produce the required books and papers. Upon failure to obey theorder the witness must be dealt with as for contempt of court.

(Added to NRS by 1989, 834)

NRS 645C.540 Paymentof witnesses for fees and mileage.

1. Each witness who appears by order of the Commissionis entitled to receive for his attendance the same fees and mileage allowed bylaw to a witness in a civil case, which must be paid by the party at whoserequest the witness is subpoenaed.

2. When a witness not otherwise required to attend issubpoenaed by the Commission, his fees and mileage must be paid by theDivision.

(Added to NRS by 1989, 834)

NRS 645C.550 Injunctions.

1. Whenever the Division believes from evidencesatisfactory to it that any person has violated or is about to violate aprovision of this chapter, or a provision of any regulation, order, decision,demand or requirement of the Division or the Commission, it may bring anaction, in the name of the Division, in the district court of the State ofNevada in and for the county where the person resides, or, if the personresides outside the State of Nevada, in any court of competent jurisdiction withinor outside the State of Nevada, against the person to enjoin him from engagingin or continuing the violation, or from doing any act or acts in furtherance ofthe violation.

2. If the action is brought in a district court of theState of Nevada, an order or judgment may be entered, when proper, awarding atemporary restraining order, preliminary injunction or final injunction. Apreliminary injunction or temporary restraining order must not be grantedwithout at least 5 days notice to the opposite party.

(Added to NRS by 1989, 825)

NRS 645C.555 Administrativefine for engaging in certain conduct without certificate, license, registrationcard or authorization; procedure for imposition of fine; judicial review;exceptions.

1. In addition to any other remedy or penalty, theCommission may impose an administrative fine against any person who knowingly:

(a) Engages or offers to engage in any activity forwhich a certificate, license or registration card or any type of authorizationis required pursuant to this chapter, or any regulation adopted pursuantthereto, if the person does not hold the required certificate, license orregistration card or has not been given the required authorization; or

(b) Assists or offers to assist another person to commita violation described in paragraph (a).

2. If the Commission imposes an administrative fineagainst a person pursuant to this section, the amount of the administrativefine may not exceed the amount of any gain or economic benefit that the personderived from the violation or $5,000, whichever amount is greater.

3. In determining the appropriate amount of theadministrative fine, the Commission shall consider:

(a) The severity of the violation and the degree of anyharm that the violation caused to other persons;

(b) The nature and amount of any gain or economicbenefit that the person derived from the violation;

(c) The persons history or record of other violations;and

(d) Any other facts or circumstances that theCommission deems to be relevant.

4. Before the Commission may impose the administrativefine, the Commission must provide the person with notice and an opportunity tobe heard.

5. The person is entitled to judicial review of thedecision of the Commission in the manner provided by chapter 233B of NRS.

6. The provisions of this section do not apply to aperson who engages or offers to engage in activities within the purview of thischapter if:

(a) A specific statute exempts the person fromcomplying with the provisions of this chapter with regard to those activities;and

(b) The person is acting in accordance with theexemption while engaging or offering to engage in those activities.

(Added to NRS by 2003, 1297)

NRS 645C.560 Penalties.

1. Any person who obtains or attempts to obtain acertificate, license or registration card by means of intentionalmisrepresentation, deceit or fraud shall be punished by imprisonment in thestate prison for not less than 1 year nor more than 6 years, or by a fine ofnot more than $10,000, or by both a fine and imprisonment.

2. Any certified or licensed appraiser or registeredintern who is guilty of unprofessional conduct shall be punished, in additionto any administrative fine imposed by the Commission, by a criminal fine of notmore than $500 for each offense.

3. Any person who:

(a) Holds himself out as a certified or licensedappraiser or registered intern;

(b) Uses in connection with his name the wordslicensed, registered, certified or any other title, word, letter or otherdesignation intended to imply or designate that he is a certified or licensedappraiser or registered intern; or

(c) Describes or refers to any appraisal or othervaluation of real estate prepared by him as certified or licensed in thisstate,

withoutfirst obtaining a certificate, license or permit as provided in this chapter isguilty of a gross misdemeanor.

(Added to NRS by 1989, 834; A 1991, 898)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.