2005 Nevada Revised Statutes - Chapter 684B — Appraisers of Physical Damage to Motor Vehicles

CHAPTER 684B - APPRAISERS OF PHYSICALDAMAGE TO MOTOR VEHICLES

NRS 684B.010 Motorvehicle physical damage appraiser defined.

NRS 684B.020 Licenserequired; automatic qualification of certain appraisers; exemptions;administrative fine.

NRS 684B.030 Bond.

NRS 684B.040 Applicationfor license; penalty. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 684B.040 Applicationfor license; penalty. [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.]

NRS 684B.050 Examinationnot required.

NRS 684B.060 Issuanceof license; notice of refusal to issue license; refund of license fee.

NRS 684B.070 Formand contents of license.

NRS 684B.080 Expirationand renewal of license. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 684B.080 Expirationand renewal of license. [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.]

NRS 684B.083 Paymentof child support: Statement of applicant for license; grounds for denial oflicense; duty of Commissioner. [Expires by limitation on the date of the repealof 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 684B.087 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on 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 684B.090 Placeof business; display of license.

NRS 684B.100 Records.

NRS 684B.110 Suspension,revocation or limitation of license: Grounds; surrender of license.

NRS 684B.120 Suspension,revocation or limitation of license: Applicable provisions.

NRS 684B.130 Durationof suspension.

NRS 684B.140 Commissionermay levy fine; payment; collection; deposit.

NRS 684B.150 Courtmay impose fine in lieu of Commissioners penalty.

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NRS 684B.010 Motorvehicle physical damage appraiser defined. Asused in this Code motor vehicle physical damage appraiser means any person,partnership, association or corporation who, for a separate fee, practices as abusiness the appraising of damages to motor vehicles insured under automobilephysical damage policies or on behalf of third-party claimants.

(Added to NRS by 1971, 1669)

NRS 684B.020 Licenserequired; automatic qualification of certain appraisers; exemptions; administrativefine.

1. No person may act as a motor vehicle physicaldamage appraiser for motor vehicle physical damage claims on behalf of anyinsurance company or business organization engaged in the adjustment orappraisal of motor vehicle claims unless he has:

(a) Secured a license from the Commissioner.

(b) Paid the applicable license fee.

2. Any person who has been engaged in the business asa motor vehicle physical damage appraiser for a period of 2 consecutive yearsimmediately before January 1, 1972, is entitled to a license upon applicationto the Commissioner without further qualification.

3. The provisions of this section do not apply to:

(a) A licensed insurance adjuster.

(b) An employee of any authorized insurer, motor club,motor vehicle dealer or automobile body repair shop.

4. A person who acts as a motor vehicle physicaldamage appraiser in this state without a license, unless exempt undersubsection 3, is subject to an administrative fine of not more than $1,000 foreach violation.

(Added to NRS by 1971, 1669; A 2001, 2212)

NRS 684B.030 Bond.

1. Before the issuance of a motor vehicle physicaldamage appraisers license the applicant shall file with the Commissioner, andthereafter maintain in force while so licensed, a surety bond in the amount of$2,500 in favor of the people of the State of Nevada, executed by an authorizedsurety insurer approved by the Commissioner, and conditioned for the faithfulperformance of required duties.

2. The bond shall remain in force until the surety isreleased from liability by the Commissioner, or until cancelled by the surety.Without prejudice to any prior liability accrued, the surety may cancel thebond upon 30 days advance written notice filed with the Commissioner.

(Added to NRS by 1971, 1669)

NRS 684B.040 Applicationfor license; penalty. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. An applicant for a license as a motor vehiclephysical damage appraiser must file a written application therefor with theCommissioner on forms prescribed and furnished by the Commissioner. Theapplicant must furnish information as to his identity, personal history,experience, financial responsibility, business record and other pertinentmatters as reasonably required by the Commissioner to determine the applicantseligibility and qualifications for the license.

2. If the applicant is a natural person, theapplication must include the social security number of the applicant.

3. If the applicant is a business organization, theapplication must include the names of all members, officers and directors, andmust designate each natural person who is to exercise the licensees powers. Anatural person who is authorized to act for a business organization and whoalso wishes to be licensed in an individual capacity must obtain a separatelicense in his own name.

4. The application must be accompanied by theapplicable license fee. The Commissioner shall charge a separate fee for eachperson authorized to act for a business organization.

5. An applicant for a license who desires to use aname other than his true name must comply with the provisions of NRS 683A.301. The Commissioner shall notissue a license in a trade name unless the name has been registered pursuant toNRS 600.240 to 600.450, inclusive.

6. An applicant for a license shall not willfullymisrepresent or withhold any fact or information called for in the applicationform or in connection with his application. A violation of this subsection is agross misdemeanor.

(Added to NRS by 1971, 1669; A 1985, 1066; 1987, 152;1997, 2193; 2001,2213)

NRS 684B.040 Application for license; penalty.[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.]

1. An applicant for a license as a motor vehiclephysical damage appraiser shall file a written application therefor with theCommissioner on forms prescribed and furnished by the Commissioner. Theapplicant shall furnish information as to his identity, personal history,experience, financial responsibility, business record and other pertinentmatters as reasonably required by the Commissioner to determine the applicantseligibility and qualifications for the license.

2. If the applicant is a business organization, theapplication must show the names of all members, officers and directors, andmust designate each natural person who is to exercise the licensees powers. Anatural person who is authorized to act for a business organization and whoalso wishes to be licensed in an individual capacity must obtain a separatelicense in his own name.

3. The application must be accompanied by theapplicable license fee. The Commissioner shall charge a separate fee for eachperson authorized to act for a business organization.

4. An applicant for a license who desires to use aname other than his true name must comply with the provisions of NRS 683A.301. The Commissioner shall notissue a license in a trade name unless the name has been registered pursuant toNRS 600.240 to 600.450, inclusive.

5. An applicant for a license shall not willfullymisrepresent or withhold any fact or information called for in the applicationform or in connection with his application. A violation of this subsection is agross misdemeanor.

(Added to NRS by 1971, 1669; A 1985, 1066; 1987, 152;1997, 2193; 2001,2213, effective on the date of the repeal of the federal law requiring eachstate to 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)

NRS 684B.050 Examinationnot required. No examination of an applicantfor a license as a motor vehicle physical damage appraiser shall be required bythe Commissioner.

(Added to NRS by 1971, 1670)

NRS 684B.060 Issuanceof license; notice of refusal to issue license; refund of license fee.

1. If the Commissioner finds that the application iscomplete and the applicant is otherwise eligible and qualified for the licenseas a motor vehicle physical damage appraiser, the Commissioner shall promptlyissue the license. If the Commissioner refuses to issue the license he shallpromptly notify the applicant in writing of the refusal, stating the groundsfor the refusal.

2. If the license is refused, the Commissioner shallpromptly refund to the applicant the license fee tendered with the application.

(Added to NRS by 1971, 1670; A 1987, 152)

NRS 684B.070 Formand contents of license. The Commissionershall prescribe the form of the motor vehicle physical damage appraiserlicense, which must state:

1. The licensees name and business address;

2. The date of issuance and the general conditions asto expiration and termination of the license;

3. That the bond required by NRS 684B.030 has been filed; and

4. Such other conditions as the Commissioner deemsproper.

(Added to NRS by 1971, 1670; A 1987, 153)

NRS 684B.080 Expirationand renewal of license. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. Each license issued under this chapter continues inforce for 3 years unless it is suspended, revoked or otherwise terminated. Alicense may be renewed upon payment of the applicable fee for renewal to theCommissioner and submission of the statement required pursuant to NRS 684B.083 if the licensee is a naturalperson. The statement, if required, must be submitted and the fee must be paidon or before the last day of the month in which the license is renewable.

2. Any license not so renewed expires at midnight onthe last day specified for its renewal. The Commissioner may accept a requestfor renewal received by him within 30 days after the expiration of the licenseif the request is accompanied by a fee for renewal of 150 percent of the feeotherwise required and the statement required pursuant to NRS 684B.083 if the person requestingrenewal is a natural person.

(Added to NRS by 1971, 1670; A 1981, 1807; 1987, 153,462; 1997, 2194)

NRS 684B.080 Expiration and renewal of license.[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.]

1. Each license issued under this chapter continues inforce for 3 years unless it is suspended, revoked or otherwise terminated. Alicense may be renewed upon payment of the applicable fee for renewal to theCommissioner. The fee must be paid on or before the last day of the month inwhich the license is renewable.

2. Any license not so renewed expires at midnight onthe last day specified for its renewal. The Commissioner may accept a requestfor renewal received by him within 30 days after the expiration of the licenseif the request is accompanied by a fee for renewal of 150 percent of the feeotherwise required.

(Added to NRS by 1971, 1670; A 1981, 1807; 1987, 153,462; 1997, 2194, 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)

NRS 684B.083 Paymentof child support: Statement of applicant for license; grounds for denial oflicense; duty of Commissioner. [Expires by limitation on 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. A natural person who applies for the issuance orrenewal of a license as a motor vehicle physical damage appraiser shall submitto the Commissioner 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 Commissioner 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 license; or

(b) A separate form prescribed by the Commissioner.

3. A license as a motor vehicle physical damageappraiser may not be issued or renewed by the Commissioner if the applicant isa natural person who:

(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 Commissioner 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 1997, 2192)

NRS 684B.087 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 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.]

1. If the Commissioner 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 person who is the holder of a licenseas a motor vehicle physical damage appraiser, the Commissioner shall deem thelicense issued to that person to be suspended at the end of the 30th day afterthe date on which the court order was issued unless the Commissioner receives aletter issued to the holder of the license by the district attorney or otherpublic agency pursuant to NRS 425.550stating that the holder of the license has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Commissioner shall reinstate a license as amotor vehicle physical damage appraiser that has been suspended by a districtcourt pursuant to NRS 425.540 if theCommissioner receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose license was suspended stating that the person whose license wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2193)

NRS 684B.090 Placeof business; display of license.

1. Every motor vehicle physical damage appraiser shallhave and maintain in this state a place of business accessible to the publicand from which the licensee principally conducts transactions under hislicense. The address of such place shall appear upon the application for alicense and upon the license, when issued, and the licensee shall promptlynotify the Commissioner in writing of any change thereof. Nothing in thissection shall prohibit the maintenance of such place in the licenseesresidence in this state.

2. The license of the licensee shall be conspicuouslydisplayed in such place of business in a part thereof customarily open to thepublic.

(Added to NRS by 1971, 1671)

NRS 684B.100 Records.

1. Each motor vehicle physical damage appraiser shallkeep at his business address shown on his license a record of all transactionsunder the license.

2. The record shall include:

(a) A copy of all appraisals undertaken.

(b) A statement of any fee, commission or othercompensation received or to be received by the appraiser on account of suchappraisal.

3. The appraiser shall make such records available forexamination by the Commissioner at all times, and shall retain the records forat least 3 years.

(Added to NRS by 1971, 1671)

NRS 684B.110 Suspension,revocation or limitation of license: Grounds; surrender of license.

1. The Commissioner may suspend, revoke, limit or refuseto continue any motor vehicle physical damage appraisers license:

(a) For any cause specified in any other provision ofthis chapter;

(b) For any such applicable cause as for revocation ofthe license of a producer of insurance under NRS 683A.451; or

(c) If the licensee has for compensation represented orattempted to represent both the insurer and the insured in the sametransaction.

2. The license of a business organization may besuspended, revoked, limited or continuation refused for any cause which relatesto any individual designated in or with respect to the license to exercise itspowers.

3. The holder of any license which has been suspendedor revoked shall forthwith surrender the license to the Commissioner.

(Added to NRS by 1971, 1671; A 2001, 2213)

NRS 684B.120 Suspension,revocation or limitation of license: Applicable provisions. NRS 683A.451, 683A.461 and 683A.480 also apply to suspension,revocation, limitation or refusal to continue motor vehicle physical damage appraiserslicenses, except where in conflict with the express provisions of this chapter.

(Added to NRS by 1971, 1672; A 2001, 2214)

NRS 684B.130 Durationof suspension. Every order suspending anylicense shall specify the period during which the suspension shall beeffective, which period shall in no event exceed 12 months.

(Added to NRS by 1971, 1672)

NRS 684B.140 Commissionermay levy fine; payment; collection; deposit.

1. In addition to or in lieu of the suspension,revocation or refusal to renew any motor vehicle physical damage appraiserslicense for any of the causes referred to in NRS 684B.110 (suspension, limitation,revocation of license: Grounds), after hearing thereon or upon waiver ofhearing by the licensee, the Commissioner may levy upon the licensee anadministrative fine in any amount not less than $25 nor more than $250.

2. In his order levying the fine the Commissionershall specify a period of not less than 15 days nor more than 30 days from thedate of the order within which the fine shall be paid in full.

3. If the fine is not paid when due, the Commissionershall revoke the license involved, if not already revoked, and the fine shallbe recovered in a civil action brought by the Attorney General in theCommissioners behalf.

4. The Commissioner shall deposit any fine collectedby him hereunder with the State Treasurer for credit to the General Fund.

(Added to NRS by 1971, 1672)

NRS 684B.150 Courtmay impose fine in lieu of Commissioners penalty.

1. Upon the hearing of an appeal from theCommissioners order suspending, revoking or refusing to continue any licenseissued under the provisions of this chapter, the court, if it finds that thelicensee is guilty of a violation of the law, and if it deems the suspension,revocation or refusal too severe a penalty under the facts as found, may imposea fine of not more than $500 in lieu thereof. Payment of the fine within 10days thereafter shall reinstate, restore or continue the license.

2. If it appears that a license of the licensee has theretoforebeen suspended, revoked or refused for a similar offense, the court shall nothave jurisdiction to impose a fine in lieu of the action required by the orderappealed from.

(Added to NRS by 1971, 1672)

 

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