reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.310 - Limitations on contact with insured to determine address and telephone or status of health after settlement; applicability.

1. Contact with an insured to determine the residential or business street address and telephone number of the insured or the status of the health of the insured after a viatical settlement may be made only by a provider or broker of viatical settlements who is licensed in this state, or its authorized representative, and no oftener than once every 3 months if the insured has a life expectancy of 1 year or more, or once every month if the insured has a life expectancy of less than 1 year. The provider or broker shall explain the procedure for those contacts at the time the settlement is entered into.
2. The limitations of subsection 1 do not apply to contacts for purposes other than determining status of health.
3. A provider or broker is responsible for the acts of the authorized representative of the provider or broker.
(Added to NRS by 2001, 2173; A 2009, 1801)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.330 - Notice to insured of transfer of ownership or change of beneficiary of viaticated policy by provider of viatical settlements; response by insurer to request for such change; prohibited acts by insurer.

1. If a provider of viatical settlements transfers ownership or changes the beneficiary of a viaticated policy, the provider shall inform the insured of the transfer or change within 20 days after it occurs.
2. If an insurer receives a request for change of ownership or beneficiary of a viaticated policy from a provider of viatical settlements, the insurer shall respond within 30 days after receipt thereof with written confirmation that the change has been effected or specifying the reasons why the requested change could not be effected.
3. An insurer shall not unreasonably delay in effecting a requested change of ownership or beneficiary requested for a viaticated policy by a provider of viatical settlements.
4. An insurer shall not seek to interfere with a viatical settlement lawfully entered into in this State.
(Added to NRS by 2001, 2172; A 2009, 1801)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.350 - Applicability and interpretation of provisions.

NRS 688C.350 to 688C.430, inclusive, apply to advertising of viatical settlements, agreements to purchase viatical settlements or related products or services intended for dissemination in this state, including advertising on the Internet which is viewed by persons in this state. To the extent that federal regulation establishes requirements for disclosure, those sections must be so interpreted as to eliminate or minimize conflict with the federal requirements.
(Added to NRS by 2001, 2174; A 2009, 1802)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.360 - Establishment and maintenance by licensee of system of control; responsibility for advertisements.

Each licensee under this chapter shall establish and continuously maintain a system of control over the content, form and method of dissemination of all advertisements of its contracts and services. Each advertisement is the responsibility of the licensee as well as the person who creates or presents it. A system of control must include notification to persons authorized by the licensee who disseminate advertisements, at least annually, of the requirements and procedures for approval before use of any advertisements not furnished by the licensee.
(Added to NRS by 2001, 2174)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.370 - Advertisements: Avoidance of deception; filing of materials with Commissioner; regulations.

1. An advertisement must be truthful and not misleading in fact or by implication. The form and content of an advertisement for viatical settlements, agreements to purchase viatical settlements or related products or services must be sufficiently complete and clear to avoid deception. An advertisement may not have a capacity or tendency to mislead or deceive, as determined by the Commissioner from the overall impression it may reasonably be expected to create upon a person of average education or intelligence in the segment of the public to which it is directed.
2. A provider of viatical settlements shall not enter into a viatical settlement unless the promotional, advertising and marketing materials, in at least 12-point type, have been filed with the Commissioner pursuant to regulations adopted by the Commissioner. The Commissioner shall adopt such regulations as the Commissioner deems necessary to carry out the provisions of this subsection.
(Added to NRS by 2001, 2175; A 2009, 1802)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.390 - Use of testimonial, endorsement, appraisal, analysis or statistical information.

1. A testimonial, endorsement, appraisal or analysis used in an advertisement must be genuine, represent the present opinion of the author, apply to the viatical settlement or agreement to purchase a viatical settlement advertised, if any, and be reproduced with sufficient completeness to avoid misleading viators or purchasers of viatical settlements. In using a testimonial, endorsement, appraisal or analysis, a licensee under this chapter makes the statements contained therein the licensee’s own, and the statements must satisfy the requirements of NRS 688C.350 to 688C.430, inclusive.
2. If the person making a testimonial, endorsement, appraisal or analysis has a financial interest in the provider of viatical settlements or a related organization, or receives a benefit other than required wages, that fact must be prominently disclosed in the advertisement.
3. An advertisement may not state or imply that a benefit or service related to a viatical settlement or an agreement to purchase a viatical settlement has been approved or endorsed by a group, society or other organization unless that is the fact and any relationship between the organization and the provider of viatical settlements is disclosed. If the organization is owned, controlled or managed by the provider, or receives any payment or other consideration from the provider for making the endorsement or testimonial, that fact must be disclosed in the advertisement.
4. An advertisement may not contain statistical information unless it accurately reflects recent and relevant facts. The source of all statistics used in an advertisement must be identified.
5. If an endorsement refers to benefits received under a viatical settlement or an agreement to purchase a viatical settlement, all information pertinent to that endorsement must be retained for a period of 5 years after the use of the endorsement.
(Added to NRS by 2001, 2175; A 2009, 1803)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.410 - Identification of provider, viatical settlement and agreement to purchase viatical settlement; statement of name of licensee.

1. The name of the provider of viatical settlements must be clearly identified in an advertisement about the provider, the provider’s viatical settlements or the provider’s agreements to purchase viatical settlements. If a viatical settlement or an agreement to purchase a viatical settlement is advertised, it must be identified by number or other appropriate description. If an application is part of an advertisement, the name of the provider must be shown on the application.
2. An advertisement may not use a trade name, designation of a group, name of a parent or particular division of a provider of viatical settlements, service mark, slogan or other device or reference without disclosing the identity of the provider of viatical settlements licensed under this chapter if the advertisement would have the capacity or tendency to mislead as to the true identity of the provider or create the impression that an organization other than the licensee would have a responsibility for the financial obligation under a viatical settlement. The name of the licensee must be stated in all advertisements.
(Added to NRS by 2001, 2176; A 2009, 1804)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.420 - Use of words, symbols or physical materials similar to those of governmental program or agency; creation of impression of governmental recommendation or endorsement; statements regarding licensing.

1. An advertisement may not use a combination of words, symbols or physical materials that by their content, phraseology, shape, color or other characteristic are so similar to a combination of words, symbols or physical materials used by a governmental program or agency, or otherwise appear to be of such a nature, that they tend to mislead viators or purchasers of viatical settlements into believing that the solicitation is connected with a governmental program or agency. An advertisement may not create the impression that a provider of viatical settlements, the provider’s financial condition or business practices, the payment of the provider’s claims or the merit, desirability or advisability of the provider’s viatical settlements or agreements to purchase viatical settlements is recommended or endorsed by a governmental authority.
2. An advertisement may state that a provider of viatical settlements is licensed in the state in which the advertisement appears, if it does not imply that competing providers are not so licensed. The advertisement may suggest consulting the licensee’s website or communicating with the Commissioner to ascertain whether the state requires licensing and, if so, whether a particular provider or broker of viatical settlements is licensed.
(Added to NRS by 2001, 2176; A 2009, 1804)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.430 - Disclosures required when emphasizing speed of viatication or monetary amounts available.

1. If an advertiser emphasizes the speed with which viatication will occur, the advertisement must disclose the average time from completed application to date of offer and from acceptance of offer to receipt of funds by the viator.
2. If an advertiser emphasizes the monetary amounts available to viators, the advertisement must disclose the average purchase price as a fraction of face value obtained by viators who contracted with the advertiser during the preceding 6 months.
(Added to NRS by 2001, 2176)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.440 - Interference with enforcement of chapter or investigation of possible violation unlawful; permitting person convicted of certain felonies to participate in business of viatical settlements unlawful.

It is unlawful knowingly or intentionally:
1. For any person to interfere with the enforcement of the provisions of this chapter or an investigation of a possible violation of those provisions.
2. For a person engaged in the business of viatical settlements to permit any person convicted of a felony involving dishonesty or breach of trust to participate in that business.
(Added to NRS by 2001, 2177)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.450 - Felonious acts.

It is a category D felony, and the offender shall be punished as provided in NRS 193.130, for any person, knowingly or with intent to defraud, to do any of the following acts in order to deprive another of property or for the person’s own pecuniary gain:
1. Present, cause to be presented or prepare with knowledge or belief that it will be presented, false information to or by an investment agent or a provider or broker of viatical settlements, a financing agent, an insurer, a provider of insurance or any other person, or to conceal information, as part of, in support of or concerning a fact material to:
(a) An application for the issuance of a policy or viatical settlement;
(b) The underwriting of a policy or viatical settlement;
(c) A claim for payment or other benefit under a policy, viatical settlement or agreement to purchase a viatical settlement;
(d) A premium paid on a policy or as a result of an agreement to purchase a viatical settlement;
(e) A payment or change of beneficiary or ownership pursuant to a policy or viatical settlement;
(f) The reinstatement or conversion of a policy;
(g) The solicitation, offer or effectuation of a policy, viatical settlement or agreement to purchase a viatical settlement; or
(h) The issuance of written evidence of a policy, viatical settlement or agreement to purchase a viatical settlement.
2. In furtherance of a fraud or to prevent detection of a fraud:
(a) Remove, conceal, alter, destroy or sequester from the Commissioner assets or records of a licensee under this chapter or other person engaged in the business of viatical settlements;
(b) Misrepresent or conceal the financial condition of a licensee, a financing agent, an insurer or other person;
(c) Transact the business of viatical settlements in violation of this chapter; or
(d) File with the Commissioner or analogous officer of another jurisdiction a document containing false information or otherwise conceal information about a material fact from the Commissioner or other officer.
3. Present, cause to be presented or prepare with knowledge or belief that it will be presented to or by a provider or broker of viatical settlements, an investment agent, a financing agent, an insurer, a provider of insurance or any other person, in connection with a viatical settlement or transaction of insurance, a policy fraudulently by the insured or owner or an agent of either.
4. Embezzle, steal, misappropriate or convert money, premiums, credits or other property in an amount or having a value of less than $650 of a provider of viatical settlements, a viator, an insurer, an insured, an owner of a policy or other person engaged in the business of viatical settlements or insurance.
5. Attempt to commit, assist, aid, abet or conspire to commit an act or omission described in subsections 1 to 4, inclusive.
6. Under no circumstances is a violation of this section considered or intended to be a lesser included offense of a violation of the provisions of NRS 90.570.
(Added to NRS by 2001, 2176; A 2009, 1804; 2011, 180)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.460 - Provision to Commissioner of information regarding felonious acts.

1. A person engaged in the business of viatical settlements who knows or reasonably believes that a violation of NRS 688C.450 is being, has been or will be committed shall promptly report the facts and circumstances pertaining to the violation to the Commissioner.
2. Any other person who knows or reasonably believes that a violation of NRS 688C.450 is being, has been or will be committed may furnish to the Commissioner the information required by the Commissioner.
(Added to NRS by 2001, 2177)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.470 - Immunity of persons providing information regarding felonious acts; award of attorney’s fees and costs.

1. Except as otherwise provided in subsection 2, a person furnishing information of the kind described in NRS 688C.460 is immune from liability and civil action if the information is furnished to or received from:
(a) The Commissioner or the employees, agents or representatives of the Commissioner;
(b) Another federal, state or local law enforcement or regulatory officer or his or her employees, agents or representatives;
(c) Another person involved in the prevention or detection of violations of NRS 688C.450 or similar offenses or the employees, agents or representatives of the person;
(d) The National Association of Insurance Commissioners or other regulatory body overseeing life insurance or viatical settlements, or its employees, agents or representatives; or
(e) The insurer that issued the policy concerned in the information.
2. The immunity provided in subsection 1 does not extend to a statement made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a violation of NRS 688C.450, the plaintiff must plead specifically that the defendant acted with actual malice.
3. This section does not supplant or modify any other privilege or immunity at common law or under another statute enjoyed by a person described in subsection 1.
4. Except as otherwise provided in subsection 5, a person furnishing information as described in subsection 1 is entitled to an award of attorney’s fees and costs if:
(a) The person is a defendant in a civil case arising out of activities performed in carrying out the provisions of this section;
(b) The cause of action in the case is for libel, slander or any other relevant tort;
(c) The person is the prevailing party in the case; and
(d) The person bringing the action is not substantially justified in doing so.
5. A person furnishing information relating to the person’s own fraudulent acts as they relate to a viatical settlement is not entitled to an award pursuant to subsection 4.
(Added to NRS by 2001, 2178; A 2009, 1805)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.480 - Confidentiality and disclosure of certain documents and information regarding felonious acts.

1. Except as otherwise provided in NRS 239.0115, a document or information furnished pursuant to NRS 688C.470 or obtained by the Commissioner in an investigation of an actual or suspected violation of NRS 688C.450 is confidential and privileged, is not a public record and is not subject to discovery or subpoena in a civil action or criminal prosecution.
2. Subsection 1 does not prohibit the Commissioner from disclosing documents or evidence so furnished or obtained:
(a) In an administrative or judicial proceeding to enforce a statute administered by the Commissioner;
(b) To another federal, state or local law enforcement or regulatory officer, another person involved in the prevention or detection of violations of NRS 688C.450, or similar offenses, or the National Association of Insurance Commissioners; or
(c) To a person engaged in the business of viatical settlements who is aggrieved by the violation.
3. Disclosure of a document or evidence under subsection 2 does not abrogate or modify the privilege covering it under subsection 1.
(Added to NRS by 2001, 2178; A 2007, 2158)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.490 - Establishment, maintenance and modification by licensees of certain protective measures against fraud; confidentiality of plan submitted to Commissioner.

1. Each licensee under this chapter shall establish and maintain protective measures against fraud which are reasonably calculated to prevent, detect and assist in the prosecution of violations of NRS 688C.450. The Commissioner may order, or a licensee may request and the Commissioner may approve, modifications of the measures otherwise required under this section, more or less restrictive than those measures, as necessary to protect against fraud. Required measures are employment of or contracting with investigators and submission of a plan to the Commissioner which includes:
(a) A description of the procedures for detecting and investigating possible violations of NRS 688C.450 and for resolving inconsistencies between medical records and applications for insurance;
(b) A description of the procedures for reporting possible violations to the Commissioner;
(c) A description of the plan for educating and training underwriters and other personnel against fraud; and
(d) A description or chart of the organizational arrangement of the personnel responsible for detecting and investigating possible violations of NRS 688C.450 and for resolving inconsistencies between medical records and applications for insurance.
2. Except as otherwise provided in NRS 239.0115, a plan submitted to the Commissioner pursuant to subsection 1 is privileged and confidential, not a public record and not subject to discovery or subpoena in a civil action or criminal prosecution.
(Added to NRS by 2001, 2178; A 2007, 2158)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.500 - Statement related to false information required on application or contract for viatical settlement; effect.

An application or contract for a viatical settlement, however transmitted, must contain a statement substantially as follows: "A person who knowingly presents false information in an application for a viatical settlement is guilty of insurance fraud and subject to fine and imprisonment." The lack of such a statement is not a defense in a prosecution for violation of NRS 688C.450.
(Added to NRS by 2001, 2177)
2023 Nevada Revised Statutes › Chapter 688C - Viatical Settlements › NRS 688C.510 - Injunctive and other relief; administrative fine; restitution; civil action; rescission.

1. In addition to the penalties and other means of enforcement provided under this chapter:
(a) If a person violates a provision of this chapter or of a regulation adopted under this chapter, the Commissioner may seek an injunction and apply for temporary and permanent orders the Commissioner determines to be necessary to restrain the violator.
(b) A person who violates a provision of this chapter is subject to an administrative fine of not more than $1,000 for each violation.
(c) In addition to a criminal penalty imposed, the court shall order restitution to the person aggrieved by the violation.
2. A person aggrieved by a violation of this chapter may bring a civil action against the violator to recover the damages suffered.
3. A violation of this chapter attendant to the signing of an agreement to purchase a viatical settlement renders the agreement voidable and subject to rescission by the purchaser of viatical settlements, upon tender of the viaticated policy by the purchaser of viatical settlements to the provider of viatical settlements. Suit for rescission may be brought:
(a) In a court of competent jurisdiction;
(b) In the jurisdiction where the alleged violator resides;
(c) In the jurisdiction where the alleged violator has a principal place of business; or
(d) In the jurisdiction where the alleged violation occurred.
(Added to NRS by 2001, 2179; A 2009, 1806)
2023 Nevada Revised Statutes › Chapter 688D - Payment of Benefits Upon Death of Insured › NRS 688D.030 - "Death Master File" defined.

"Death Master File" means the Death Master File from the Social Security Administration or any other database or service which is at least as comprehensive as the Death Master File from the Social Security Administration and which is acceptable to the Commissioner for determining that a person has reportedly died.
(Added to NRS by 2013, 2701)
2023 Nevada Revised Statutes › Chapter 688D - Payment of Benefits Upon Death of Insured › NRS 688D.040 - "Insured" defined.

"Insured" means:
1. A person covered by a policy of life insurance;
2. A holder of a retained asset account;
3. An annuitant or other owner of an annuity, when the annuity provides for benefits to be paid or other money to be distributed upon the death of the annuitant or other owner of the annuity; or
4. A person covered by a benefit contract under which contractual death benefits are payable to a beneficiary pursuant to NRS 695A.180.
(Added to NRS by 2013, 2701)
2023 Nevada Revised Statutes › Chapter 688D - Payment of Benefits Upon Death of Insured › NRS 688D.050 - "Policy of life insurance" defined.

1. "Policy of life insurance" means any policy, contract or certificate of life insurance that provides a death benefit.
2. The term does not include:
(a) A policy or certificate of life insurance that is used to fund a preneed contract or sales agreement for funeral or burial services pursuant to chapter 689 of NRS;
(b) A policy or certificate of credit life insurance or credit accident and health insurance pursuant to chapter 690A of NRS; or
(c) A policy or certificate of accidental death insurance.
(Added to NRS by 2013, 2701)
2023 Nevada Revised Statutes › Chapter 688D - Payment of Benefits Upon Death of Insured › NRS 688D.060 - "Retained asset account" defined.

"Retained asset account" means any account or other mechanism by which the settlement of any proceeds payable under a policy of life insurance is accomplished by the insurer or a person acting on behalf of the insurer by depositing the proceeds into an account with draft or check writing privileges, where the proceeds are retained by the insurer, pursuant to a supplementary contract not involving annuity benefits.
(Added to NRS by 2013, 2702)
2023 Nevada Revised Statutes › Chapter 688D - Payment of Benefits Upon Death of Insured › NRS 688D.070 - Applicability.

The provisions of this chapter do not apply to any policy of life insurance, annuity or benefit contract that is used to fund or otherwise provide a death benefit under an employee benefit program which is subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.
(Added to NRS by 2013, 2702)
2023 Nevada Revised Statutes › Chapter 688D - Payment of Benefits Upon Death of Insured › NRS 688D.080 - Insurer required to request information sufficient to ensure payment of benefits upon death of insured.

On or before the effective date of a policy of life insurance, annuity or benefit contract or on or before the date of the establishment of a retained asset account, and upon any change in an insured, an owner or a beneficiary, an insurer shall request information sufficient to ensure that all benefits are distributed to the appropriate beneficiary upon the death of the insured.
(Added to NRS by 2013, 2702)
2023 Nevada Revised Statutes › Chapter 688D - Payment of Benefits Upon Death of Insured › NRS 688D.110 - Notice to State Treasurer upon reversion by escheat; contents; transfer to State Treasurer of unclaimed benefit and interest; exception.

1. An insurer shall notify the State Treasurer upon the reversion by escheat of a benefit under a policy of life insurance or an annuity. The notice must state that:
(a) The beneficiary under the policy or annuity has failed to submit a claim with the insurer; and
(b) The insurer has complied with NRS 688D.090 and, after a good faith effort which has been documented pursuant to NRS 688D.090, has been unable to contact any beneficiary of the policy or annuity.
2. As soon as practicable after providing notice pursuant to subsection 1, an insurer shall transfer to the State Treasurer the amount of the unclaimed benefit owed under the policy of life insurance or annuity, including any accrued interest thereon.
3. The provisions of this section do not apply to a death benefit which vests under a benefit contract and which is payable pursuant to subsection 3 of NRS 695A.210.
(Added to NRS by 2013, 2703)
2023 Nevada Revised Statutes › Chapter 688D - Payment of Benefits Upon Death of Insured › NRS 688D.120 - Order of Commissioner: Authorization to search only electronically; approval of timeline to make files searchable electronically; exemption from requirements; approval of plan for compliance.

The Commissioner may, after notice and a hearing, issue an order:
1. Authorizing an insurer to limit its comparison against the Death Master File pursuant to NRS 688D.090 to its files that are searchable electronically.
2. Approving a timeline by which an insurer must convert its files into a form that is searchable electronically.
3. Exempting an insurer from any requirement of NRS 688D.090, including authorizing an insurer to perform a comparison against the Death Master File less frequently than semiannually, upon a demonstration of financial hardship by the insurer.
4. Approving the plan of an insurer to comply with the requirements of this chapter during the period and in the manner set forth in the plan.
(Added to NRS by 2013, 2703)
2023 Nevada Revised Statutes › Chapter 688D - Payment of Benefits Upon Death of Insured › NRS 688D.130 - Failure of insurer to comply with chapter may constitute unfair trade practice; exception.

Except as otherwise provided in NRS 688D.120, the failure of an insurer to comply with any provision of this chapter may constitute an unfair trade practice for the purposes of chapter 686A of NRS.
(Added to NRS by 2013, 2704)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.015 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 689.035 to 689.145, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1393; A 1987, 1260; 1991, 2203)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.145 - "Trustee" defined.

"Trustee" means:
1. A state or national bank or savings bank;
2. A trust company;
3. A federally insured savings and loan association; or
4. A credit union insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 672.755,
authorized to transact such business in the State of Nevada and designated as the trustee of the trust fund in a prepaid contract.
(Added to NRS by 1971, 1394; A 1999, 1550)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.150 - Definitions.

As used in NRS 689.150 to 689.375, inclusive, unless the context otherwise requires:
1. "Funeral service or services" means those services performed normally by funeral directors, funeral arrangers or funeral or mortuary parlors and includes their sales of supplies and equipment for burial. The term includes cremations and crematory services. The term does not include services performed by a cemetery or the sale by a cemetery of services, interests in land, markers, memorials, monuments or merchandise and equipment in relation to the cemetery or the sale of crypts or niches constructed or to be constructed in a mausoleum or columbarium or otherwise on the property of a cemetery.
2. "Performer" means any person designated in a prepaid contract to furnish the funeral services, supplies and equipment covered by the contract on the demise of the beneficiary.
3. "Prepaid contract" means any contract under which, for a specified consideration paid in advance in a lump sum or by installments or payable solely from the proceeds of a policy of life insurance, the seller of the contract guarantees or promises either before or upon the death of a beneficiary named in or otherwise ascertainable from the contract to furnish funeral services and merchandise. The term does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, of embalming, interring or otherwise disposing of the remains of any person.
(Added to NRS by 1987, 1251; A 1993, 2616; 2007, 3323; 2015, 1971)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.155 - Unlawful acts; exception.

1. It is unlawful for any person to receive, hold, control or manage money or proceeds received or derived from the sale of, or from a contract to sell, any personal property, merchandise, funeral supplies or services of any description not already existing, available, deliverable and suitable for use in, or for the performance of, any service before the final disposition of the remains of any deceased person, whether such payments are made in lump sum or on an installment basis, before the demise of the person purchasing them or the person for whose use and benefit they are purchased, unless the provisions of NRS 689.150 to 689.375, inclusive, are complied with.
2. The provisions of subsection 1 do not apply to a bona fide prepaid agreement whereby a licensed mortuary or funeral home is to furnish funeral services to a person who has a medically diagnosed terminal illness and which agreement is entered into and fully performed by the mortuary or funeral home on a date which is within 60 days of the date medically predicted for the demise of the person.
(Added to NRS by 1971, 1394; A 1987, 1260)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.160 - Applicability of other provisions to agents, sellers and applicants for certificate of authority.

1. The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, apply to agents and sellers.
2. For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to "insurer" must be replaced by a reference to "agent" and "seller."
3. The provisions of NRS 679B.230 to 679B.300, inclusive, apply to sellers. Unless the context requires that a provision apply only to insurers, any reference in those sections to "insurer" must be replaced by a reference to "seller."
4. The provisions of NRS 683A.301 apply to applicants for and holders of a seller’s certificate of authority. Unless the context requires that a provision apply only to an applicant for or holder of a license as a producer of insurance, any reference in that section to:
(a) An "applicant for a license as a producer of insurance" must be replaced by a reference to an "applicant for a seller’s certificate of authority"; and
(b) A "licensee" must be replaced by a reference to a "holder of a seller’s certificate of authority."
(Added to NRS by 1985, 1075; A 1987, 1260; 2001, 2216; 2019, 1705; 2023, 21, 2637)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.165 - Certificate of authority and compliance with provisions required to sell or accept money under prepaid contract.

A person shall not sell any prepaid contract or accept any money under such a contract unless:
1. The person holds a valid certificate of authority as a seller issued by the Commissioner; and
2. The contract and the sale thereof are in compliance with the provisions of NRS 689.150 to 689.375, inclusive.
(Added to NRS by 1971, 1395; A 1985, 349; 1987, 1261)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.185 - Certificate of authority: Surety bond or deposit required; replacement bond; release of deposit; waiver.

1. Except as otherwise provided in subsection 2:
(a) Before the issuance of a certificate of authority, the seller shall post with the Commissioner and thereafter maintain in force a bond which complies with NRS 679B.175 and is an amount determined by the Commissioner, which must be not less than $50,000, or a deposit of cash or negotiable securities or a combination of cash and negotiable securities. If a deposit is made in lieu of a bond, the deposit must at all times have a market value of not less than the amount of the bond required by the Commissioner.
(b) The bond or deposit must be held for the benefit of buyers of prepaid contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of money by the seller or the agents of the seller, or to satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond must not exceed the sum of the bond.
(c) A replacement bond must meet all requirements of this subsection for the initial bond.
(d) The Commissioner shall release the deposit after the seller has ceased doing business as such and the Commissioner is satisfied of the nonexistence of any obligation or liability of the seller for which the deposit was held.
2. The Commissioner may waive the requirements of subsection 1 if the seller agrees:
(a) To offer for sale only prepaid contracts that are payable solely from the proceeds of a policy of life insurance; and
(b) Not to collect any money from the purchaser of a prepaid contract.
(Added to NRS by 1971, 1395; A 1987, 1262; 2007, 3323; 2017, 2356; 2021, 2972)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.195 - Certificate of authority: Issuance; denial.

1. If the Commissioner finds that the application is complete and the applicant otherwise qualifies under the provisions of NRS 689.150 to 689.375, inclusive, the Commissioner shall issue a seller’s certificate of authority to the applicant.
2. The Commissioner shall refuse to issue a seller’s certificate of authority to any applicant who does not comply with or otherwise meet the requirements of NRS 689.150 to 689.375, inclusive. Upon such refusal, the Commissioner shall give written notice thereof to the applicant, setting forth the reasons for the refusal.
(Added to NRS by 1971, 1396; A 1987, 1263)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.205 - Certificate of authority: Expiration; renewal; fees for renewal.

1. Each seller’s certificate of authority issued pursuant to NRS 689.150 to 689.375, inclusive, expires at midnight on April 30 of the third year following its date of issuance or renewal.
2. The Commissioner shall renew a certificate of authority upon receiving a written request for renewal from the seller, accompanied by all applicable fees for renewal, which are not refundable, if the Commissioner finds that the seller is, at that time, in compliance with all applicable provisions of NRS 689.150 to 689.375, inclusive.
3. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the certificate if the request is accompanied by a fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110.
(Added to NRS by 1971, 1396; A 1987, 464, 1263; 2009, 1807)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.215 - Certificate of authority: Revocation; suspension.

1. After giving written notice of charges to the seller, not less than 30 days in advance of a hearing, the Commissioner may, after the hearing, revoke the seller’s certificate of authority if the seller:
(a) Obtained the certificate of authority through misrepresentation or concealment of a material fact;
(b) Is no longer qualified for such a certificate of authority; or
(c) Knowingly violates any provision of NRS 689.150 to 689.375, inclusive, or any lawful order or regulation of the Commissioner.
2. If a seller is found to be in violation of paragraph (c) of subsection 1, the Commissioner may, in lieu of revocation, suspend the seller’s certificate of authority for a period not to exceed 90 days.
(Added to NRS by 1971, 1396; A 1977, 99; 1987, 1263)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.225 - Agent’s license required to solicit sale of prepaid contract on behalf of seller; exception; administrative fine.

1. It is unlawful for any person to solicit the sale of a prepaid contract in this state on behalf of a seller unless the person holds a valid agent’s license issued by the Commissioner.
2. This section does not apply to a seller who holds a valid seller’s certificate of authority.
3. A person who solicits the sale of a prepaid contract in this state without a license is subject to an administrative fine of not more than $1,000 for each violation.
(Added to NRS by 1971, 1396; A 1987, 1263; 2001, 2216)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.245 - Agent’s license: Issuance; denial.

1. If the Commissioner finds that the application is complete and the applicant meets the requirements of NRS 689.235 after an investigation not to exceed 30 days, the Commissioner shall issue at the request of the holder of a valid seller’s certificate of authority an agent’s license to the applicant.
2. If the license is denied the Commissioner shall immediately notify the applicant and the seller whom the applicant was to represent setting forth the reasons for the denial.
(Added to NRS by 1971, 1397; A 1987, 1264)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.258 - Payment of child support: Statement by applicant for agent’s license; grounds for denial of agent’s license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of an agent’s license pursuant to this chapter shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Commissioner shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Commissioner.
3. An agent’s license may not be issued or renewed by the Commissioner pursuant to this chapter if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2198)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.262 - Suspension of agent’s license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of agent’s license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of an agent’s license issued pursuant to this chapter, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Commissioner shall reinstate an agent’s license issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2198)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.265 - Agent’s license: Revocation; suspension.

The Commissioner may proceed against an agent’s license in the same manner as provided in NRS 689.215 if the agent:
1. Obtained the license through misrepresentation or concealment of a material fact.
2. Is no longer qualified for such a license.
3. Knowingly violates any provision of NRS 689.150 to 689.375, inclusive, or any lawful order or regulation of the Commissioner.
(Added to NRS by 1971, 1397; A 1987, 1265)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.275 - Prepaid contracts: Content; entire agreement; rescission.

1. All forms for a prepaid contract offered or sold in this state must contain:
(a) The names and addresses of the seller, buyer, beneficiary and trustee and of each performer;
(b) A clear and unambiguous statement of the services and property to be supplied and by whom;
(c) The purchase price of each item of supply or service and how payable;
(d) The date and place of execution;
(e) Other reasonable and appropriate provisions as prescribed by the Commissioner by regulation;
(f) The full percentage of the sales commission to be retained by the seller;
(g) The seller’s or his or her agent’s signature on the original contract and his or her identification by name and title on any duplicate copy of the contract given to the buyer;
(h) A provision in 14-point type or larger, stating in substance that the buyer is permitted to return the contract within 10 days after its delivery to the buyer and to have the full purchase price or amount paid thereon refunded if the buyer is not satisfied with it for any reason;
(i) In print on its face sheet, in 14-point type or larger, a notice stating, "This is not an insurance contract."; and
(j) A provision for the return of the net purchase price at any time before the services are performed by the seller.
2. The written contract, when signed, constitutes the entire agreement between the parties relative to its subject matter.
3. If the buyer, pursuant to the provision required by paragraph (h) of subsection 1, returns the contract to the seller at the branch or home office of the seller or to the agent through whom it was purchased, the contract is void from the beginning and the parties return to the same position they occupied before the contract was entered into.
(Added to NRS by 1971, 1397; A 1987, 1265)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.285 - Prepaid contracts: Filing, approval and disapproval of forms; waiting period.

1. A seller shall not offer, sell or deliver in this state any prepaid contract unless the form of the contract has been filed with and approved in writing by the Commissioner.
2. The Commissioner shall disapprove any form of contract which the Commissioner finds:
(a) Printed or reproduced in such a manner as to be substantially illegible in whole or in part;
(b) Contains ambiguous or misleading provisions, clauses or titles;
(c) Includes or combines in the prepaid contract provisions for the purchase of a cemetery plot and incidental burial services; or
(d) Does not comply or is inconsistent with any applicable requirement of NRS 689.150 to 689.375, inclusive, or for other good cause shown.
3. No amendment or modification of any form may be made unless the amendment or modification has been filed with and approved in writing by the Commissioner.
4. Each filing is subject to a waiting period of up to 30 days before it becomes effective.
5. Upon written application by the holder of a seller’s certificate of authority, the Commissioner may authorize a filing which the Commissioner has reviewed to become effective before the expiration of the waiting period or any extension thereof.
6. A filing shall be deemed to meet the requirements of NRS 689.150 to 689.375, inclusive, unless disapproved by the Commissioner within the waiting period or any extension thereof.
(Added to NRS by 1971, 1398; A 1987, 1266)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.295 - Prepaid contracts: Credit life insurance.

If the purchase price for a prepaid contract is to be paid in installments, the seller may make available to the buyer credit life insurance on a form and terms filed with and approved by the Commissioner. The buyer must be provided with a certificate of the credit insurance by the seller or as otherwise required by the Commissioner.
(Added to NRS by 1971, 1398; A 1987, 1266)