2005 Nevada Revised Statutes - Chapter 645D — Inspectors of Structures

CHAPTER 645D - INSPECTORS OF STRUCTURES

GENERAL PROVISIONS

NRS 645D.010 Definitions.

NRS 645D.020 Administratordefined.

NRS 645D.030 Certificatedefined.

NRS 645D.040 Certifiedinspector defined.

NRS 645D.050 Divisiondefined.

NRS 645D.060 Inspectiondefined.

NRS 645D.070 Inspectionreport defined.

NRS 645D.080 Inspectordefined.

NRS 645D.100 Applicabilityof chapter.

ADMINISTRATION

NRS 645D.110 Dutyof Division; restrictions.

NRS 645D.120 Adoptionof regulations.

NRS 645D.125 Authorityfor Division to conduct business electronically; regulations; fees; use ofunsworn declaration; exclusions.

NRS 645D.130 Records:Maintenance by Division; general provisions governing public inspection andconfidentiality.

NRS 645D.135 Records:Certain records relating to investigation deemed confidential; certain recordsrelating to disciplinary action deemed public records.

NRS 645D.140 Dispositionof money received by Division; financial support of Division.

NRS 645D.150 Dutiesof Attorney General.

CERTIFICATES

NRS 645D.160 Certificaterequired; penalty; prosecution of violation.

NRS 645D.170 Applicationfor certificate: Form and contents.

NRS 645D.180 Submissionof fees and fingerprints with application; investigation of applicantsbackground.

NRS 645D.190 Submissionof proof of insurance with application; maintenance of policy of insurance.

NRS 645D.195 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate; duty of Administrator. [Effective until the date of therepeal of the 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.]

NRS 645D.195 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate; duty of Administrator. [Effective on 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 andexpires by limitation 2 years after that date.]

NRS 645D.200 Qualificationsfor issuance and grounds for denial of certificate.

NRS 645D.210 Notificationof denial of application; leave to file another application; procedure forappeal of denial.

NRS 645D.220 Invalidationand surrender of certificate issued in error; notice; request for hearing.

NRS 645D.230 Form,size and contents of certificate; expiration and renewal.

NRS 645D.240 Fees.

ENFORCEMENT

NRS 645D.690 Disciplinaryproceedings, fines and penalties not affected by expiration, revocation orvoluntary surrender of certificate.

NRS 645D.700 Groundsfor disciplinary action; authorized disciplinary action; limitations onreissuance of certificate after revocation; orders imposing discipline deemedpublic records.

NRS 645D.703 Disciplinaryaction for failure to pay money to Division.

NRS 645D.705 Suspensionof certificate for failure to pay child support or comply with certain subpoenasor warrants; reinstatement of certificate. [Expires by limitation 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 645D.710 Unprofessionalconduct of certified inspector.

NRS 645D.720 Injunctions.

NRS 645D.730 Administrativefine for engaging in certain conduct without certificate or authorization;procedure for imposition of fine; judicial review; exceptions.

UNLAWFUL ACTS

NRS 645D.900 Penalties.

_________

GENERAL PROVISIONS

NRS 645D.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS645D.020 to 645D.080, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 1792)

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

(Added to NRS by 1997, 1792)

NRS 645D.030 Certificatedefined. Certificate means a certificate issuedto an inspector pursuant to this chapter.

(Added to NRS by 1997, 1792)

NRS 645D.040 Certifiedinspector defined. Certified inspectormeans an inspector to whom a certificate has been issued pursuant to thischapter.

(Added to NRS by 1997, 1792)

NRS 645D.050 Divisiondefined. Division means the Real Estate Divisionof the Department of Business and Industry.

(Added to NRS by 1997, 1792)

NRS 645D.060 Inspectiondefined. Inspection means a physical examinationof the mechanical, electrical or plumbing systems of a structure or of thestructural components of a structure. The term includes any consultationregarding a structure that is represented to be a certified inspection or anyother title, word or other designation intended to imply or designate that theconsultation is a certified inspection.

(Added to NRS by 1997, 1792)

NRS 645D.070 Inspectionreport defined. Inspection report means ananalysis, opinion or conclusion, regarding the condition of a structure, thatis:

1. Provided after an inspection, in a written report,for or with the expectation of receiving compensation for the report; and

2. Designed to describe and identify the inspectedsystems or structural components of the structure, their physical condition,any material defect and any recommendation for evaluation by another person.

(Added to NRS by 1997, 1792)

NRS 645D.080 Inspectordefined. Inspector means a person who examinesany component of a structure and prepares or communicates an inspection report.The term does not include any person who merely relays an inspection report onbehalf of the person who prepares it.

(Added to NRS by 1997, 1792)

NRS 645D.100 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 inspection report as part ofhis official duties, unless a certificate is required as a condition of hisemployment.

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, certified or registered pursuantto chapter 645, 645Cor 684A of NRS while he is performing an actwithin the scope of his license, certification or registration. For thepurposes of this subsection, a person licensed, certified or registeredpursuant to chapter 645C of NRS shall bedeemed to be acting within the scope of his license, certification orregistration while he is performing an appraisal prescribed by federal law thatrequires a statement of visual condition and while he is preparing or communicatinga report of such an appraisal.

5. A person who makes an evaluation of an improvementas an 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 provides an estimate of cost, repairor replacement of any improvements upon real estate.

7. Any person who reviews plans, performs inspections,prepares inspection reports or examines any component of a structure orconstruction pursuant to NRS 278.570 or 278.575.

8. An independent registered architect or a licensedprofessional engineer while he is performing an inspection pursuant to NRS 116.4106.

(Added to NRS by 1997, 1792; A 2001, 4, 1253; 2005, 2633)

ADMINISTRATION

NRS 645D.110 Dutyof Division; restrictions.

1. The Division shall administer the provisions ofthis chapter and may employ legal counsel, investigators and other professionalconsultants necessary to discharge its duties pursuant to this chapter.

2. An employee of the Division shall not:

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

(b) Act as an inspector or as an agent for aninspector.

(Added to NRS by 1997, 1793)

NRS 645D.120 Adoptionof regulations. The Division shall adopt:

1. Regulations prescribing the education andexperience required to obtain a certificate.

2. Regulations prescribing a standard of practice andcode of ethics for certified inspectors. Such regulations must establish adegree of care that must be exercised by a reasonably prudent certifiedinspector.

3. Such other regulations as are necessary for theadministration of this chapter.

(Added to NRS by 1997, 1793)

NRS 645D.125 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.

(Added to NRS by 2003, 1299)

NRS 645D.130 Records:Maintenance by Division; general provisions governing public inspection andconfidentiality.

1. The Division shall maintain a record of:

(a) Persons from whom it receives applications for acertificate;

(b) Investigations conducted by it that 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 645D.135, records kept in the officeof the Division pursuant to this chapter are open to the public for inspectionpursuant to regulations adopted by the Division. The Division shall keepconfidential, unless otherwise ordered by a court, the criminal and financialrecords of an inspector or of an applicant for a certificate.

(Added to NRS by 1997, 1793; A 2003, 3472)

NRS 645D.135 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 Division, 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 theDivision to initiate disciplinary action and all documents and informationconsidered by the Division when determining whether to impose discipline arepublic records.

(Added to NRS by 2003, 3471)

NRS 645D.140 Dispositionof money received by Division; financial support of Division.

1. All fees, penalties and other charges received bythe Division pursuant to this chapter must be deposited with the StateTreasurer for credit to the State General Fund.

2. 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 1997, 1793)

NRS 645D.150 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.

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 1997, 1794)

CERTIFICATES

NRS 645D.160 Certificaterequired; penalty; prosecution of violation.

1. Any person who, in this state, engages in thebusiness of, acts in the capacity of, or advertises or assumes to act as aninspector without first obtaining a certificate pursuant to this chapter isguilty of a misdemeanor.

2. The Division may file a complaint in any court ofcompetent jurisdiction for a violation of this section and assist in presentingthe 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 thatoccurs in his county.

(Added to NRS by 1997, 1794)

NRS 645D.170 Applicationfor certificate: Form and contents. An applicationfor a certificate must be in writing upon a form prepared and furnished by theDivision. The application must include the following information:

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

2. The place or places, including the street number,city and county, at which the applicant intends to maintain an office toconduct business as an inspector.

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 applicants education and experience to qualifyfor a certificate.

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. If the applicant is a member of a partnership or associationor is an officer of a corporation, the name and address of the principal officeof the partnership, association or corporation.

7. Any other information relating to thequalifications or background of the applicant that the Division requires.

8. All other information required to complete theapplication.

(Added to NRS by 1997, 1794; A 1999, 1220; 2005, 2789, 2808)

NRS 645D.180 Submissionof fees and fingerprints with application; investigation of applicantsbackground.

1. Each application for a certificate must beaccompanied by the fee for the certificate and the fee to pay the costs of aninvestigation of the applicants background.

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) Require more than one complete set of fingerprints;

(b) 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

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

(Added to NRS by 1997, 1794; A 2003, 1300, 2864; 2005, 1296)

NRS 645D.190 Submissionof proof of insurance with application; maintenance of policy of insurance.

1. The Administrator shall require each applicant foran original certificate and each applicant for renewal of a certificate tosubmit proof that he or his employer holds a policy of insurance covering:

(a) Liability for errors or omissions in an amount ofnot less than $100,000; and

(b) General liability in an amount of not less than$100,000.

2. Each certified inspector or his employer shallmaintain a policy of insurance that complies with the requirements ofsubsection 1.

(Added to NRS by 1997, 1795)

NRS 645D.195 Payment of child support: Submission of certain information by applicant; grounds fordenial of certificate; duty of Administrator. [Effective until 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 with certainprocesses relating to paternity or child support proceedings.]

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

(a) Aperson who applies for the issuance of a certificate shall include the socialsecurity number of the applicant in the application submitted to theAdministrator.

(b) A person who applies for the issuance or renewal ofa certificate shall submit to the Administrator the statement prescribed by theDivision of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Administrator shall include the statementrequired pursuant to subsection 1 in:

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

(b) A separate form prescribed by the Administrator.

3. A certificate may not be issued or renewed by theAdministrator 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 Administrator shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1999, 1219; A 2005, 2789, 2808)

NRS 645D.195 Payment of child support: Submissionof certain information by applicant; grounds for denial of certificate; duty ofAdministrator. [Effective on 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 topaternity or child support proceedings and expires by limitation 2 years afterthat date.]

1. In addition to any other requirements set forth inthis chapter, a person who applies for the issuance or renewal of a certificateshall submit to the Administrator the statement prescribed by the Division ofWelfare and Supportive Services of the Department of Health and Human Servicespursuant to NRS 425.520. The statementmust be completed and signed by the applicant.

2. The Administrator shall include the statementrequired pursuant to subsection 1 in:

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

(b) A separate form prescribed by the Administrator.

3. A certificate may not be issued or renewed by theAdministrator 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 Administrator 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 1999, 1219; A 2005, 2789, 2790, 2808, 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 645D.200 Qualificationsfor issuance and grounds for denial of certificate.

1. The Administrator shall issue a certificate to anyperson who:

(a) Is of good moral character, honesty and integrity;

(b) Has the education and experience prescribed in theregulations adopted pursuant to NRS645D.120;

(c) Has submitted proof that he or his employer holds apolicy of insurance that complies with the requirements of subsection 1 of NRS 645D.190; and

(d) Has submitted all information required to completean application for a certificate.

2. The Administrator may deny an application for acertificate 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;

(c) Has had a certificate suspended or revoked pursuantto this chapter within the 10 years immediately preceding the date of hisapplication; or

(d) Has not submitted proof that he or his employerholds a policy of insurance that complies with the requirements of subsection 1of NRS 645D.190.

(Added to NRS by 1997, 1795; A 1999, 1220; 2005, 2790, 2808)

NRS 645D.210 Notificationof denial of application; leave to file another application; procedure forappeal of denial.

1. If an application for a certificate is denied:

(a) The Division shall notify the applicant within 15days after its decision; and

(b) The applicant may not reapply until he petitionsthe Division for leave to file another application. The Division may grant ordeny 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 that, if true, qualify the applicant for a certificate, theAdministrator shall set the matter for a hearing before a hearing officer ofthe Division to be conducted within 60 days after receipt of the applicantsrequest. The decision of the hearing officer is a final decision for thepurposes of judicial review.

(Added to NRS by 1997, 1795)

NRS 645D.220 Invalidationand surrender of certificate issued in error; notice; request for hearing. The Division, upon the discovery of an error in theissuance of a certificate that is related to the qualifications or fitness ofthe holder thereof, may invalidate the certificate upon written notice to theholder. The holder shall surrender the certificate to the Division within 20days after the notice is sent by the Division. A person whose certificate isinvalidated pursuant to this section, and who has surrendered his certificate,may request a hearing on the matter in the same manner as for the denial of anapplication pursuant to NRS 645D.210.

(Added to NRS by 1997, 1795)

NRS 645D.230 Form,size and contents of certificate; expiration and renewal.

1. The Division shall issue a certificate to eacheligible person in the form and size prescribed by the Division. A certificatemust:

(a) Indicate the name and address of the inspector andthe location of each place where he transacts business as an inspector; and

(b) Contain any additional matter prescribed by theDivision.

2. A certificate is valid for 2 years after the firstday of the first calendar month immediately following the date it is issued.

3. If an inspector fails to apply for the renewal ofhis certificate and pay the fee for renewal before the certificate expires, andapplies for renewal:

(a) Not 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.

(Added to NRS by 1997, 1796)

NRS 645D.240 Fees.

1. The following fees must becharged and collected by the Division:

 

For eachapplication for a certificate................................................................... $100

For the issuanceor renewal of a certificate.......................................................... 250

For each penaltyfor a late renewal of a certificate.............................................. 125

For each changeof name, address or association................................................ 20

For eachduplicate certificate where the original is lost or destroyed and an affidavitis made thereof 20

For eachreinstatement to active status of an inactive certificate...................... 20

For each annualapproval of a course of instruction offered in preparation for an originalcertificate 100

For each originalaccreditation of a course of continuing education.............. 100

For each renewalof accreditation of a course of continuing 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, including anycosts which are necessary for the administration of such an examination.

(b) Any investigation of a persons background.

(Added to NRS by 1997, 1796; A 2003, 1300)

ENFORCEMENT

NRS 645D.690 Disciplinaryproceedings, fines and penalties not affected by expiration, revocation orvoluntary surrender of certificate. Theexpiration or revocation of a certificate by operation of law or by order ordecision of a hearing officer or court of competent jurisdiction, or thevoluntary surrender of a certificate by a certified inspector does not:

1. Prohibit the Division from initiating or continuingan investigation of, or action or disciplinary proceeding against, thecertified inspector as authorized pursuant to the provisions of this chapter orthe regulations adopted pursuant thereto; 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 inspector.

(Added to NRS by 2001, 527)

NRS 645D.700 Groundsfor disciplinary action; authorized disciplinary action; limitations onreissuance of certificate after revocation; orders imposing discipline deemedpublic records.

1. Grounds for disciplinary action against a certifiedinspector are:

(a) Unprofessional conduct;

(b) Professional incompetence; and

(c) A criminal conviction for a felony or any offenseinvolving moral turpitude.

2. If grounds for disciplinary action against acertified inspector exist, the Division may, after providing the inspector withnotice and an opportunity for a hearing, do one or more of the following:

(a) Revoke or suspend his certificate.

(b) Place conditions upon his certificate or upon thereissuance of a certificate revoked pursuant to this section.

(c) Deny the renewal of his certificate.

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

3. If a certificate is revoked by the Division,another certificate must not be issued to the same inspector for at least 1year after the date of the revocation, or at any time thereafter except in thesole discretion of the Administrator, and then only if the inspector satisfiesthe requirements for an original certificate.

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

(Added to NRS by 1997, 1796; A 2001, 527; 2003, 3472)

NRS 645D.703 Disciplinaryaction for failure to pay money to Division. Inaddition to any other remedy or penalty, the Administrator may:

1. Refuse to issue a certificate to a person who hasfailed to pay money which the person owes to the Division.

2. Refuse to renew, or suspend or revoke, thecertificate of a person who has failed to pay money which the person owes tothe Division.

(Added to NRS by 2003, 1299)

NRS 645D.705 Suspensionof certificate for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of certificate. [Expires by limitation 2years after 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.]

1. If the Administrator receives a copy of a courtorder issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a certified inspector, the Administratorshall deem the certificate issued to that person to be suspended at the end ofthe 30th day after the date on which the court order was issued unless theAdministrator receives a letter issued to the certified inspector by thedistrict attorney or other public agency pursuant to NRS 425.550 stating that the certifiedinspector has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Administrator shall reinstate a certificatethat has been suspended by a district court pursuant to NRS 425.540 if the Administrator receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificatewas suspended stating that the person whose certificate was suspended hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

(Added to NRS by 1999, 1219; A 2005, 2808)

NRS 645D.710 Unprofessionalconduct of certified inspector. A certifiedinspector is guilty of unprofessional conduct if he:

1. 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 any improvement heinspects, including any interest he has in the improvement or the real estateto which it is affixed;

2. Knowingly communicates a false or fraudulentinspection report to any interested person or otherwise engages in anydeceitful, fraudulent or dishonest conduct;

3. Before obtaining his certificate, engaged in anyconduct of which the Division is not aware that would be a ground for thedenial of a certificate;

4. Makes a false statement of material fact on hisapplication for a certificate; or

5. Performs any repairs for compensation upon anyimprovement for which he has prepared an inspection report.

(Added to NRS by 1997, 1796)

NRS 645D.720 Injunctions.

1. Whenever the Division believes from evidencesatisfactory to it that any person has violated or is about to violate a provisionof this chapter, or a provision of any regulation, ruling or decision of theDivision, it may bring an action, in the name of the Division, in the districtcourt of the State of Nevada in and for the county where the person resides or,if the person resides outside the State of Nevada, in any court of competentjurisdiction within or outside the State of Nevada, against the person toenjoin him from engaging in or continuing the violation, or from doing any actor acts in furtherance of the violation.

2. If the action is brought in a district court of theState of Nevada, an order or judgment may be entered, if 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 1997, 1797)

NRS 645D.730 Administrativefine for engaging in certain conduct without certificate or authorization;procedure for imposition of fine; judicial review; exceptions.

1. In addition to any other remedy or penalty, theAdministrator may impose an administrative fine against any person whoknowingly:

(a) Engages or offers to engage in any activity forwhich a certificate or any type of authorization is required pursuant to thischapter, or any regulation adopted pursuant thereto, if the person does nothold the required certificate or has not been given the required authorization;or

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

2. If the Administrator 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 Administrator 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 theAdministrator deems to be relevant.

4. Before the Administrator may impose theadministrative fine, the Administrator must provide the person with notice andan opportunity to be heard.

5. The person is entitled to judicial review of thedecision of the Administrator 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, 1299)

UNLAWFUL ACTS

NRS 645D.900 Penalties.

1. A person who obtains or attempts to obtain acertificate by means of intentional misrepresentation, deceit or fraud is guiltyof a category E felony and shall be punished as provided in NRS 193.130. In addition to any otherpenalty, the court may impose a fine of not more than $10,000.

2. A person who:

(a) Holds himself out as a certified inspector;

(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 inspector; or

(c) Describes or refers to any inspection reportprepared by him as certified or licensed in this state, without firstobtaining a certificate as provided in this chapter,

is guilty ofa gross misdemeanor.

(Added to NRS by 1997, 1797)

 

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