2023 Nevada Revised Statutes › Chapter 534 - Underground Water and Wells › NRS 534.1405 - Well drillers: Petition for review of criminal history to obtain license; requirements; fee; report.

1. The State Engineer shall develop and implement a process by which a person with a criminal history may petition the State Engineer to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license to drill pursuant to NRS 534.140.
2. Not later than 90 days after a petition is submitted to the State Engineer pursuant to subsection 1, the State Engineer shall inform the person of the determination of the State Engineer of whether the person’s criminal history will disqualify the person from obtaining a license. The State Engineer is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.
3. The State Engineer may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.
4. A person with a criminal history may petition the State Engineer at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the State Engineer.
5. A person may submit a new petition to the State Engineer not earlier than 2 years after the final determination of the initial petition submitted to the State Engineer.
6. The State Engineer may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The State Engineer may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The State Engineer may post on its Internet website:
(a) The requirements to obtain a license from the State Engineer; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a license from the State Engineer.
8. The State Engineer may request the criminal history record of a person who petitions the State Engineer for a determination pursuant to subsection 1. To the extent consistent with federal law, if the State Engineer makes such a request of a person, the State Engineer shall require the person to submit his or her criminal history record which includes a report from:
(a) The Central Repository for Nevada Records of Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the State Engineer for a determination pursuant to subsection 1 shall not submit false or misleading information to the State Engineer.
10. The State Engineer shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:
(a) The number of petitions submitted to the State Engineer pursuant to subsection 1;
(b) The number of determinations of disqualification made by the State Engineer pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director or which the State Engineer determines would be helpful.
11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.
(Added to NRS by 2019, 2942)