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2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.670 - Establishment of standards for subsidizing arbitration, mediation and educational programs; acceptance of gifts, grants and donations; agreements and cooperation with other entities.

The Commission may:
1. By regulation, establish standards for subsidizing proceedings for mediation, arbitration and a program conducted pursuant to NRS 38.300 to 38.360, inclusive, to ensure that such proceedings are not lengthy and are affordable and readily accessible to all parties;
2. By regulation, establish standards for subsidizing educational programs for the benefit of units’ owners, members of executive boards and officers of associations;
3. Accept any gifts, grants or donations; and
4. Enter into agreements with other entities that are required or authorized to carry out similar duties in this State or in other jurisdictions and cooperate with such entities to develop uniform procedures for carrying out the provisions of this chapter and for accumulating information needed to carry out those provisions.
(Added to NRS by 2003, 2212; A 2013, 2302)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.675 - Appointment of hearing panels; delegation of powers and duties; appeals to Commission.

1. The Commission may appoint one or more hearing panels. Each hearing panel must consist of one or more independent hearing officers. An independent hearing officer may be, without limitation, a member of the Commission or an employee of the Commission.
2. The Commission may by regulation delegate to one or more hearing panels the power of the Commission to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter.
3. While acting under the authority of the Commission, a hearing panel and its members are entitled to all privileges and immunities and are subject to all duties and requirements of the Commission and its members.
4. A final order of a hearing panel:
(a) May be appealed to the Commission if, not later than 20 days after the date that the final order is issued by the hearing panel, any party aggrieved by the final order files a written notice of appeal with the Commission.
(b) Must be reviewed and approved by the Commission if, not later than 40 days after the date that the final order is issued by the hearing panel, the Division, upon the direction of the Chair of the Commission, provides written notice to all parties of the intention of the Commission to review the final order.
(Added to NRS by 2003, 2210; A 2009, 2899)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.680 - Use of audio or video teleconference for hearings.

The Commission or a hearing panel may conduct a hearing by means of an audio or video teleconference to one or more locations if the audio or video technology used at the hearing provides the persons present at each location with the ability to hear and communicate with the persons present at each other location.
(Added to NRS by 2003, 2211)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.745 - "Violation" defined.

As used in NRS 116.745 to 116.795, inclusive, unless the context otherwise requires, "violation" means a violation of:
1. Any provision of this chapter except NRS 116.31184;
2. Any regulation adopted pursuant to this chapter; or
3. Any order of the Commission or a hearing panel.
(Added to NRS by 2003, 2213; A 2005, 2620; 2013, 2530; 2021, 1409)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.750 - Jurisdiction of Real Estate Division, Ombudsman, Commission and hearing panels.

1. In carrying out the provisions of NRS 116.745 to 116.795, inclusive, the Division and the Ombudsman have jurisdiction to investigate and the Commission and each hearing panel has jurisdiction to take appropriate action against any person who commits a violation, including, without limitation:
(a) Any association and any officer, employee or agent of an association.
(b) Any member of an executive board.
(c) Any community manager who holds a certificate and any other community manager.
(d) Any person who is registered as a reserve study specialist, or who conducts a study of reserves, pursuant to chapter 116A of NRS.
(e) Any declarant or affiliate of a declarant.
(f) Any unit’s owner.
(g) Any tenant of a unit’s owner if the tenant has entered into an agreement with the unit’s owner to abide by the governing documents of the association and the provisions of this chapter and any regulations adopted pursuant thereto.
2. The jurisdiction set forth in subsection 1 applies to any officer, employee or agent of an association or any member of an executive board who commits a violation and who:
(a) Currently holds his or her office, employment, agency or position or who held the office, employment, agency or position at the commencement of proceedings against him or her.
(b) Resigns his or her office, employment, agency or position:
(1) After the commencement of proceedings against him or her; or
(2) Within 1 year after the violation is discovered or reasonably should have been discovered.
(Added to NRS by 2003, 2213; A 2005, 2620; 2009, 2932; 2021, 1409)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.755 - Rights, remedies and penalties are cumulative and not exclusive; limitations on power of Commission and hearing panels regarding internal activities of association.

1. The rights, remedies and penalties provided by NRS 116.745 to 116.795, inclusive, are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity.
2. If the Commission, a hearing panel or another agency or officer elects to take a particular action or pursue a particular remedy or penalty authorized by NRS 116.745 to 116.795, inclusive, or another specific statute, that election is not exclusive and does not preclude the Commission, the hearing panel or another agency or officer from taking any other actions or pursuing any other remedies or penalties authorized by NRS 116.745 to 116.795, inclusive, or another specific statute.
3. In carrying out the provisions of NRS 116.745 to 116.795, inclusive, the Commission or a hearing panel shall not intervene in any internal activities of an association except to the extent necessary to prevent or remedy a violation.
(Added to NRS by 2003, 2214; A 2021, 1410)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.757 - Confidentiality of records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records.

1. Except as otherwise provided in this section and NRS 239.0115, a written affidavit filed with the Division pursuant to NRS 116.760, all documents and other information filed with the written affidavit and all documents and other information compiled as a result of an investigation conducted to determine whether to file a formal complaint with the Commission are confidential. The Division shall not disclose any information that is confidential pursuant to this subsection, in whole or in part, to any person, including, without limitation, a person who is the subject of an investigation or complaint, unless and until a formal complaint is filed pursuant to subsection 2 and the disclosure is required pursuant to subsection 2.
2. A formal complaint filed by the Administrator with the Commission and all documents and other information considered by the Commission or a hearing panel when determining whether to impose discipline or take other administrative action pursuant to NRS 116.745 to 116.795, inclusive, are public records.
(Added to NRS by 2005, 2586; A 2007, 2070; 2009, 2900)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.760 - Right of person aggrieved by alleged violation to file affidavit with Real Estate Division; procedure for filing affidavit; administrative fine or sanctions for filing false or fraudulent affidavit; designation as vexatious affiant.

1. Except as otherwise provided in this section, a person who is aggrieved by an alleged violation may, not later than 1 year after the person discovers or reasonably should have discovered the alleged violation, file with the Division a written affidavit that sets forth the facts constituting the alleged violation. The affidavit may allege any actual damages suffered by the aggrieved person as a result of the alleged violation.
2. An aggrieved person may not file such an affidavit unless the aggrieved person has provided the respondent by certified mail, return receipt requested, with written notice of the alleged violation set forth in the affidavit. The notice must:
(a) Be mailed to the respondent’s last known address.
(b) Specify, in reasonable detail, the alleged violation, any actual damages suffered by the aggrieved person as a result of the alleged violation, and any corrective action proposed by the aggrieved person.
3. A written affidavit filed with the Division pursuant to this section must be:
(a) On a form prescribed by the Division.
(b) Accompanied by evidence that:
(1) The respondent has been given a reasonable opportunity after receiving the written notice to correct the alleged violation; and
(2) Reasonable efforts to resolve the alleged violation have failed.
4. The Commission or a hearing panel may impose either or both of the following:
(a) An administrative fine of not more than $10,000; or
(b) Sanctions disqualifying a person from serving as a member of the executive board for a period of not more than 10 years,
against any person who knowingly files a false or fraudulent affidavit with the Division.
5. The Commission or a hearing panel may designate a person as a vexatious affiant if the Commission or a hearing panel has imposed an administrative fine or sanctions against the person pursuant to subsection 4 for knowingly filing a false or fraudulent affidavit with the Division on two or more occasions. If the Commission or a hearing panel has designated a person as a vexatious affiant pursuant to this subsection, the Commission or hearing panel shall transmit a copy of the order designating the person as a vexatious affiant to the Division and the Division shall not thereafter accept an affidavit filed by the person unless:
(a) The person first submits a copy of the affidavit to the Ombudsman; and
(b) After reviewing the affidavit, the Ombudsman grants leave for the person to file the affidavit with the Division.
(Added to NRS by 2003, 2214; A 2005, 2620; 2023, 1480)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.765 - Referral of affidavit to Ombudsman for assistance in resolving alleged violation; report by Ombudsman; investigation by Real Estate Division; determination of whether to file complaint with Commission.

1. Upon receipt of an affidavit that complies with the provisions of NRS 116.760, the Division shall refer the affidavit to the Ombudsman.
2. The Ombudsman shall give such guidance to the parties as the Ombudsman deems necessary to assist the parties to resolve the alleged violation.
3. If the parties are unable to resolve the alleged violation with the assistance of the Ombudsman, the Ombudsman shall provide to the Division a report concerning the alleged violation and any information collected by the Ombudsman during his or her efforts to assist the parties to resolve the alleged violation.
4. Upon receipt of the report from the Ombudsman, the Division shall conduct an investigation to determine whether good cause exists to proceed with a hearing on the alleged violation.
5. If, after investigating the alleged violation, the Division determines that the allegations in the affidavit are not frivolous, false or fraudulent and that good cause exists to proceed with a hearing on the alleged violation, the Administrator shall file a formal complaint with the Commission and schedule a hearing on the complaint before the Commission or a hearing panel.
(Added to NRS by 2003, 2215)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.770 - Procedure for hearing complaints: Time for holding hearing; continuances; notices; evidence; answers; defaults.

1. Except as otherwise provided in subsection 2, if the Administrator files a formal complaint with the Commission, the Commission or a hearing panel shall hold a hearing on the complaint not later than 90 days after the date that the complaint is filed.
2. The Commission or the hearing panel may continue the hearing upon its own motion or upon the written request of a party to the complaint, for good cause shown, including, without limitation, the existence of proceedings for mediation or arbitration or a civil action involving the facts that constitute the basis of the complaint.
3. The Division shall give the respondent written notice of the date, time and place of the hearing on the complaint at least 30 days before the date of the hearing. The notice must be:
(a) Delivered personally to the respondent or mailed to the respondent by certified mail, return receipt requested, to his or her last known address.
(b) Accompanied by:
(1) A copy of the complaint; and
(2) Copies of all communications, reports, affidavits and depositions in the possession of the Division that are relevant to the complaint.
4. At any hearing on the complaint, the Division may not present evidence that was obtained after the notice was given to the respondent pursuant to this section, unless the Division proves to the satisfaction of the Commission or the hearing panel that:
(a) The evidence was not available, after diligent investigation by the Division, before such notice was given to the respondent; and
(b) The evidence was given or communicated to the respondent immediately after it was obtained by the Division.
5. The respondent must file an answer not later than 30 days after the date that notice of the complaint is delivered or mailed by the Division. The answer must:
(a) Contain an admission or a denial of the allegations contained in the complaint and any defenses upon which the respondent will rely; and
(b) Be delivered personally to the Division or mailed to the Division by certified mail, return receipt requested.
6. If the respondent does not file an answer within the time required by subsection 5, the Division may, after giving the respondent written notice of the default, request the Commission or the hearing panel to enter a finding of default against the respondent. The notice of the default must be delivered personally to the respondent or mailed to the respondent by certified mail, return receipt requested, to his or her last known address.
(Added to NRS by 2003, 2215)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.780 - Decisions on complaints.

1. After conducting its hearings on the complaint, the Commission or the hearing panel shall render a final decision on the merits of the complaint not later than 20 days after the date of the final hearing.
2. The Commission or the hearing panel shall notify all parties to the complaint of its decision in writing by certified mail, return receipt requested, not later than 60 days after the date of the final hearing. The written decision must include findings of fact and conclusions of law.
(Added to NRS by 2003, 2216)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.785 - Remedial and disciplinary action: Orders to cease and desist and to correct violations; administrative fines; removal from office or position; payment of costs; exemptions from liability.

1. If the Commission or the hearing panel, after notice and hearing, finds that the respondent has committed a violation, the Commission or the hearing panel may take any or all of the following actions:
(a) Issue an order directing the respondent to cease and desist from continuing to engage in the unlawful conduct that resulted in the violation.
(b) Issue an order directing the respondent to take affirmative action to correct any conditions resulting from the violation.
(c) Impose an administrative fine of not more than $1,000 for each violation.
2. If the respondent is a member of an executive board or an officer of an association, the Commission or the hearing panel may order the respondent removed from his or her office or position if the Commission or the hearing panel, after notice and hearing, finds that:
(a) The respondent has knowingly and willfully committed a violation; and
(b) The removal is in the best interest of the association.
3. If the respondent violates any order issued by the Commission or the hearing panel pursuant to this section, the Commission or the hearing panel, after notice and hearing, may impose an administrative fine of not more than $1,000 for each violation.
4. If the Commission or the hearing panel takes any disciplinary action pursuant to this section, the Commission or the hearing panel may order the respondent to pay the costs of the proceedings incurred by the Division, including, without limitation, the cost of the investigation and reasonable attorney’s fees.
5. Notwithstanding any other provision of this section, unless the respondent has knowingly and willfully committed a violation, if the respondent is a member of an executive board or an officer of an association:
(a) The association is liable for all fines and costs imposed against the respondent pursuant to this section; and
(b) The respondent may not be held personally liable for those fines and costs.
(Added to NRS by 2003, 2216)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.793 - Complaint for violation of fee provisions; procedure; fine for violation.

1. Notwithstanding the provisions of NRS 116.745 to 116.795, inclusive, a person who is aggrieved by an alleged violation of subsection 6 of NRS 116.3102 or subsection 8 of NRS 116.4109 may file with the Division a written complaint that sets forth the facts constituting the alleged violation. The complaint may allege any actual damages suffered by the aggrieved person as a result of the alleged violation.
2. The Division shall:
(a) Review a complaint filed pursuant to subsection 1 in a timely manner.
(b) If circumstances warrant, issue to the person who is alleged to have committed the violation a notice requesting a written response and proof of corrective action, including, without limitation, the reimbursement of any excessive fees to the aggrieved person.
3. Failure to respond to a notice issued pursuant to paragraph (b) of subsection 2 within 30 days after receipt of the notice:
(a) Shall be deemed to be an admission of the violation; and
(b) Is punishable by an administrative fine in the amount of $250.
(Added to NRS by 2021, 1397)
2023 Nevada Revised Statutes › Chapter 116 - Common-Interest Ownership (Uniform Act) › NRS 116.795 - Injunctions.

1. If the Commission or the Division has reasonable cause to believe, based on evidence satisfactory to it, that any person violated or is about to violate any provision of this chapter, any regulation adopted pursuant thereto or any order, decision, demand or requirement of the Commission or Division or a hearing panel, the Commission or the Division may bring an action in the district court for the county in which the person resides or, if the person does not reside in this State, in any court of competent jurisdiction within or outside this State, to restrain or enjoin that person from engaging in or continuing to commit the violations or from doing any act in furtherance of the violations.
2. The action must be brought in the name of the State of Nevada. If the action is brought in a court of this State, an order or judgment may be entered, when proper, issuing a temporary restraining order, preliminary injunction or final injunction. A temporary restraining order or preliminary injunction must not be issued without at least 5 days’ notice to the opposite party.
3. The court may issue the temporary restraining order, preliminary injunction or final injunction without:
(a) Proof of actual damages sustained by any person.
(b) The filing of any bond.
(Added to NRS by 2003, 2217; A 2005, 2622)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 116A.020 to 116A.130, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 2574; A 2009, 2817)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.040 - "Certificate" defined.

"Certificate" means a certificate for the management of a common-interest community or the management of an association of a condominium hotel issued by the Division pursuant to this chapter.
(Added to NRS by 2005, 2574; A 2007, 2274)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.070 - "Community manager" defined.

"Community manager" means a person who provides for or otherwise engages in the management of a common-interest community or the management of an association of a condominium hotel.
(Added to NRS by 2005, 2574; A 2007, 2274)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.110 - "Management of a common-interest community" defined.

"Management of a common-interest community" means the physical, administrative or financial maintenance and management of a common-interest community, or the supervision of those activities, for a fee, commission or other valuable consideration.
(Added to NRS by 2005, 2574)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.120 - "Registration" defined.

"Registration" means a registration to conduct a study of the reserves of an association pursuant to NRS 116.31152 or 116B.605 with the Division pursuant to this chapter.
(Added to NRS by 2005, 2574; A 2007, 2274; 2009, 2932)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.130 - "Reserve study specialist" defined.

"Reserve study specialist" means a person who conducts a study of the reserves of an association pursuant to NRS 116.31152 or 116B.605.
(Added to NRS by 2005, 2574; A 2007, 2274)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.200 - Administration of chapter; regulations of Commission and Real Estate Administrator; delegation of authority; publications.

1. The provisions of this chapter must be administered by the Division, subject to the administrative supervision of the Director of the Department of Business and Industry.
2. The Commission and the Division may do all things necessary and convenient to carry out the provisions of this chapter, including, without limitation, prescribing such forms and adopting such procedures as are necessary to carry out the provisions of this chapter.
3. The Commission, or the Administrator with the approval of the Commission, may adopt such regulations as are necessary to carry out the provisions of this chapter.
4. The Commission may by regulation delegate any authority conferred upon it by the provisions of this chapter to the Administrator to be exercised pursuant to the regulations adopted by the Commission.
5. When regulations are proposed by the Administrator, in addition to other notices required by law, the Administrator shall provide copies of the proposed regulations to the Commission not later than 30 days before the next meeting of the Commission. The Commission shall approve, amend or disapprove any proposed regulations at that meeting.
6. All regulations adopted by the Commission, or adopted by the Administrator with the approval of the Commission, must be published by the Division, posted on its website and offered for sale at a reasonable fee.
7. The Division may publish or supply a reference manual or study guide for community managers and for reserve study specialists and may offer such documents for sale at a reasonable fee.
(Added to NRS by 2005, 2574)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.210 - Employment of personnel by Real Estate Division; duties of Attorney General; legal opinions by Attorney General.

1. Except as otherwise provided in this section and within the limits of legislative appropriations and any other money available for this purpose, the Division may employ experts, attorneys, investigators, consultants and other personnel as are necessary to carry out the provisions of this chapter.
2. The Attorney General shall act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to the provisions of this chapter.
3. The Attorney General shall render to the Commission and the Division opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to the Attorney General by the Commission or the Division.
(Added to NRS by 2005, 2575; A 2015, 2784)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.220 - Deposit of money; payment of claims.

1. Except as otherwise provided in subsection 2, all money received by the Commission, a hearing panel or the Division pursuant to this chapter must be deposited into the Account for Common-Interest Communities and Condominium Hotels created pursuant to NRS 116.630.
2. If the Commission imposes a fine or penalty, the Commission shall deposit the money collected from the imposition of the fine or penalty with the State Treasurer for credit to the State General Fund. If the money is so deposited, the Commission may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.
3. Money for the support of the Commission and Division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the State are paid.
(Added to NRS by 2005, 2576; A 2007, 2274)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.230 - Immunity.

The Commission and its members, each hearing panel and its members, the Administrator, the Division, and the experts, attorneys, investigators, consultants and other personnel of the Commission and the Division are immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this chapter.
(Added to NRS by 2005, 2575)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.250 - Authority for Real Estate Division to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.

1. The Administrator may adopt regulations which establish procedures for the Division to conduct business electronically pursuant to title 59 of NRS with persons who are regulated pursuant to this chapter and with any other persons with whom the Division conducts business. The regulations may include, without limitation, the establishment of fees to pay the costs of conducting business electronically with the Division.
2. In addition to the process authorized by NRS 719.280, if the Division is conducting business electronically with a person and a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the Division may allow the person to substitute a declaration that complies with the provisions of NRS 53.045 or NRS 53.250 to 53.390, inclusive, to satisfy the legal requirement.
3. The Division may refuse to conduct business electronically with a person who has failed to pay money which the person owes to the Division or the Commission.
(Added to NRS by 2005, 2575; A 2011, 15)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.260 - Maintenance by Real Estate Division of record of complaints, investigations and denials of applications.

The Division shall maintain in each district office a public docket or other record in which it shall record, from time to time as made:
1. The rulings or decisions upon all complaints filed with that district office.
2. All investigations instituted by that district office in the first instance, upon or in connection with which any hearing has been held, or in which the person charged has made no defense.
3. Denials of applications made to that district office for examination, registration or issuance of a certificate.
(Added to NRS by 2005, 2575; A 2009, 2932)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.270 - Confidentiality of records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division alleging a violation of this chapter or chapter 116 or 116B of NRS, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.
2. The Division shall not disclose any information that is confidential pursuant to subsection 1, in whole or in part, to any person, including, without limitation, a person who is the subject of an investigation or complaint, unless and until a formal complaint is filed pursuant to subsection 3 and the disclosure is required pursuant to subsection 3, except that the Division may disclose the information described in subsection 1 as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a certificate or registration issued pursuant to this chapter.
3. The formal complaint or other charging documents filed by the Administrator with the Commission to initiate disciplinary action and all documents and other information considered by the Commission or a hearing panel when determining whether to impose discipline are public records.
(Added to NRS by 2005, 2575; A 2007, 1547, 2070, 2275; 2009, 2901)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.280 - Issuance and enforcement of subpoenas.

1. To carry out the purposes of this chapter, the Commission, or any member thereof acting on behalf of the Commission or acting on behalf of a hearing panel, may issue subpoenas to compel the attendance of witnesses and the production of books, records and other papers.
2. If any person fails to comply with a subpoena issued by the Commission or any member thereof pursuant to this section within 20 days after the date of service of the subpoena, the Commission may petition the district court for an order of the court compelling compliance with the subpoena.
3. Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 20 days after the date of service of the order, and show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.
4. If it appears to the court that the subpoena was regularly issued by the Commission or any member thereof pursuant to this section, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order the person must be dealt with as for contempt of court.
(Added to NRS by 2005, 2579)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.290 - Witnesses: Payment of fees and mileage.

1. Each witness who is subpoenaed and appears at a hearing is entitled to receive for his or her attendance the same fees and mileage allowed by law to a witness in a civil case.
2. The fees and mileage for the witness:
(a) Must be paid by the party at whose request the witness is subpoenaed; or
(b) If the appearance of the witness is not requested by any party but the witness is subpoenaed at the request of the Commission or a hearing panel, must be paid by the Division.
(Added to NRS by 2005, 2579)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.300 - Appointment of hearing panels; delegation of powers and duties; appeals to Commission.

1. The Commission may appoint one or more hearing panels. Each hearing panel must consist of one or more independent hearing officers. An independent hearing officer may be, without limitation, a member of the Commission or an employee of the Commission.
2. The Commission may by regulation delegate to one or more hearing panels the power of the Commission to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter.
3. While acting under the authority of the Commission, a hearing panel and its members are entitled to all privileges and immunities and are subject to all duties and requirements of the Commission and its members.
4. A final order of a hearing panel:
(a) May be appealed to the Commission if, not later than 20 days after the date that the final order is issued by the hearing panel, any party aggrieved by the final order files a written notice of appeal with the Commission.
(b) Must be reviewed and approved by the Commission if, not later than 40 days after the date that the final order is issued by the hearing panel, the Division, upon the direction of the Chair of the Commission, provides written notice to all parties of the intention of the Commission to review the final order.
(Added to NRS by 2005, 2580; A 2009, 2902)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.310 - Use of audio or video teleconference for hearings.

The Commission or a hearing panel may conduct a hearing by means of an audio or video teleconference to one or more locations if the audio or video technology used at the hearing provides the persons present at each location with the ability to hear and communicate with the persons present at each other location.
(Added to NRS by 2005, 2580)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.400 - Person prohibited from acting as community manager without certificate; regulations governing standards of practice; investigations; disciplinary action; exceptions.

1. Except as otherwise provided in this section, a person shall not act as a community manager unless the person holds a certificate.
2. In addition to the standards of practice for community managers set forth in NRS 116A.630 and 116A.640, the Commission shall by regulation adopt any additional standards of practice for community managers who hold certificates that the Commission deems appropriate and necessary.
3. The Division may investigate any community manager who holds a certificate to ensure that the community manager is complying with the provisions of this chapter and chapters 116 and 116B of NRS and any additional standards of practice adopted by the Commission.
4. In addition to any other remedy or penalty, if the Commission or a hearing panel, after notice and hearing, finds that a community manager who holds a certificate has violated any provision of this chapter or chapter 116 or 116B of NRS or any of the additional standards of practice adopted by the Commission, the Commission or the hearing panel may take appropriate disciplinary action against the community manager.
5. In addition to any other remedy or penalty, the Commission may:
(a) Refuse to issue a certificate to a person who has failed to pay money which the person owes to the Commission or the Division.
(b) Suspend, revoke or refuse to renew the certificate of a person who has failed to pay money which the person owes to the Commission or the Division.
6. The provisions of this section do not apply to:
(a) A financial institution that is engaging in an activity permitted by law.
(b) An attorney who is licensed to practice in this State and who is acting in that capacity.
(c) A trustee with respect to the property of the trust.
(d) A receiver with respect to property subject to the receivership.
(e) A member of an executive board or an officer of an association who is acting solely within the scope of his or her duties as a member of the executive board or an officer of the association.
(Added to NRS by 2005, 2576; A 2007, 2275; 2009, 2817)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.420 - Person prohibited from acting as reserve study specialist without registering with Division; regulations governing standards of practice; investigations; disciplinary action; exceptions.

1. Except as otherwise provided in this section and subsection 2 of NRS 116.31152, a person shall not act as a reserve study specialist unless the person registers with the Division on a form provided by the Division.
2. The Commission shall by regulation provide for the standards of practice for reserve study specialists.
3. The Division may investigate any reserve study specialist to ensure that the reserve study specialist is complying with the provisions of this chapter and chapters 116 and 116B of NRS and the standards of practice adopted by the Commission.
4. In addition to any other remedy or penalty, if the Commission or a hearing panel, after notice and hearing, finds that a reserve study specialist has violated any provision of this chapter or chapter 116 or 116B of NRS or any of the standards of practice adopted by the Commission, the Commission or the hearing panel may take appropriate disciplinary action against the reserve study specialist.
5. In addition to any other remedy or penalty, the Commission may:
(a) Refuse to accept the registration of a person who has failed to pay money which the person owes to the Commission or the Division.
(b) Suspend, revoke or refuse to renew the registration of a person who has failed to pay money which the person owes to the Commission or the Division.
6. The provisions of this section do not apply to a member of an executive board or an officer of an association who is acting solely within the scope of his or her duties as a member of the executive board or an officer of the association.
7. A person who assists a registered reserve study specialist in preparing a reserve study, signed by a registered reserve study specialist, is not required to register as a reserve study specialist.
(Added to NRS by 2005, 2577; A 2007, 2276; 2009, 2214, 2933)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.430 - Regulations governing registration of reserve study specialists; fees.

1. The Commission shall by regulation provide for the registration by the Division of reserve study specialists. The regulations:
(a) Must establish the qualifications for registration, including, without limitation, the education and experience required for registration.
(b) May require applicants to pass an examination for registration. If the regulations require such an examination, the Commission shall by regulation establish fees to pay the costs of the examination, including any costs which are necessary for the administration of the examination.
(c) Must establish the grounds for initiating disciplinary action against a person who has registered, including, without limitation, the grounds for placing conditions, limitations or restrictions on registration and for the suspension or revocation of registration.
(d) Must establish rules of practice and procedure for conducting disciplinary hearings.
2. The Division may collect a fee for registration in an amount not to exceed the administrative costs of registration.
(Added to NRS by 2005, 2577; A 2009, 2933; 2019, 71)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.432 - Application for certificate or registration; fingerprints.

1. Each person who seeks to obtain a certificate, including, without limitation, a temporary certificate, or a registration must:
(a) Apply to the Division in the form prescribed by the Division.
(b) As part of the application and at his or her own expense:
(1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and
(2) Submit to the Division:
(I) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary for a report on the applicant’s background; or
(II) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary for a report on the applicant’s background.
2. The Division may:
(a) Submit any fingerprints received pursuant to subsection 1 to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and
(b) Request from each agency to which the Division submits the fingerprints any information regarding the applicant’s background as the Division deems necessary.
3. An application shall not be deemed to be complete until the Division has received a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.
(Added to NRS by 2019, 69)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.435 - Renewal of certificate or registration: Application to include information relating to state business registration; denial of renewal for unpaid debt assigned to State Controller for collection.

1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate or registration must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A certificate or registration may not be renewed by the Division if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) "Agency" has the meaning ascribed to it in NRS 353C.020.
(b) "Debt" has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2723)
2023 Nevada Revised Statutes › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › NRS 116A.440 - Payment of child support: Statement by applicant for certificate or registration; grounds for denial of certificate or registration; duty of Division. [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 a certificate or registration shall submit to the Division:
(a) The social security number of the applicant; and
(b) 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 Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for registration or the issuance of the certificate; or
(b) A separate form prescribed by the Division.
3. A certificate may not be issued and an application for registration may not be accepted 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 Division 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 2005, 2578; A 2009, 2934)