reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.315 - Judicial review: Petition; intervention; stay of enforcement; priority if supervisor appointed.

1. Any person aggrieved by a final decision or order of the Commission made after hearing or rehearing by the Commission pursuant to NRS 463.312 to 463.3145, inclusive, and whether or not a petition for rehearing was filed, may obtain a judicial review thereof in the district court in and for Carson City, the district court in and for the county in which the petitioner resides or the district court in and for the county in which the petitioner has his, her or its principal place of business.
2. The judicial review must be instituted by filing a petition within 20 days after the effective date of the final decision or order. A petition may not be filed while a petition for rehearing or a rehearing is pending before the Commission. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
3. Copies of the petition must be served upon the Commission and all other parties of record, or their counsel of record, either personally or by certified mail.
4. The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
5. The filing of the petition does not stay enforcement of the decision or order of the Commission, but the Commission itself may grant a stay upon such terms and conditions as it deems proper.
6. If judicial review is sought in any case in which a supervisor has been appointed pursuant to NRS 463B.010 to 463B.280, inclusive, the district court shall give priority to that review over other civil actions.
(Added to NRS by 1959, 448; A 1979, 809; 1983, 1561; 2023, 1497)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.316 - Judicial review: Record on review.

1. Upon written request of petitioner and upon payment of such reasonable costs and fees as the Commission may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, must be prepared by the Commission.
2. The complete record on review must include copies of:
(a) All pleadings in the case;
(b) All notices and interim orders issued by the Commission in connection with the case;
(c) All stipulations;
(d) The decision and order appealed from;
(e) A transcript of all testimony, evidence and proceedings at the hearing;
(f) The exhibits admitted or rejected; and
(g) Any other papers in the case.
The original of any document may be used in lieu of a copy thereof. The record on review may be shortened by stipulation of all parties to the review proceedings.
3. The record on review must be filed with the reviewing court within 30 days after service of the petition for review, but the court may allow the Commission additional time to prepare and transmit the record on review.
(Added to NRS by 1983, 1572)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.317 - Judicial review: Additional evidence taken by Commission; review confined to record; court may affirm, remand or reverse.

1. The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the Commission upon such terms and conditions as the court deems just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence at the hearing of the Commission. The motion must be supported by an affidavit of the moving party or his or her counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented to the Commission, the Commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.
2. The review must be conducted by the court sitting without a jury, and must not be a trial de novo but is confined to the record on review. The filing of briefs and oral argument must be made in accordance with the rules governing appeals in civil cases unless the local rules of practice adopted in the judicial district provide a different procedure.
3. The reviewing court may affirm the decision and order of the Commission, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
(a) In violation of constitutional provisions;
(b) In excess of the statutory authority or jurisdiction of the Commission;
(c) Made upon unlawful procedure;
(d) Unsupported by any evidence; or
(e) Arbitrary or capricious or otherwise not in accordance with law.
(Added to NRS by 1983, 1572; A 1991, 2145)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.318 - Judicial review: Appeal to appellate court; exclusive method of review for disciplinary hearings; certain actions not subject to judicial review.

1. Any party aggrieved by the final decision in the district court after a review of the decision and order of the Commission may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution in the manner and within the time provided by law for appeals in civil cases. The appellate court of competent jurisdiction shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law warrant.
2. The judicial review by the district court and the appellate court of competent jurisdiction afforded in this chapter is the exclusive method of review of the Commission’s actions, decisions and orders in disciplinary hearings held pursuant to NRS 463.310 to 463.3145, inclusive. Judicial review is not available for actions, decisions and orders of the Commission relating to the denial of a license or to limited or conditional licenses. Extraordinary common-law writs or equitable proceedings are available except where statutory judicial review is made exclusive or is precluded, or the use of those writs or proceedings is precluded by specific statute.
(Added to NRS by 1983, 1573; A 1985, 2139; 2013, 1785)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.323 - Collection and disposition of county fees for licenses in county whose population is less than 700,000.

In a county whose population is less than 700,000:
1. The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which the license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff of the county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff if there is no county license department is liable on the sheriff’s official bond for all money due for the licenses remaining uncollected by reason of the sheriff’s negligence.
2. If the county has no county license department, the sheriff shall, on or before the fifth day of each month, pay over to the county treasurer all money received for licenses and take from the county treasurer a receipt therefor, and the sheriff shall immediately on the same day return to the county auditor all licenses not issued or disposed of by the sheriff as is provided by law with respect to other county licenses.
3. If the county has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.
4. All money received for county gaming licenses under this chapter must be retained by the county treasurer for credit to the county general fund, except:
(a) Where the license is collected within the boundaries of any incorporated city, the county shall retain 25 percent of the money, and the incorporated city is entitled to 75 percent of the money, which must be paid into the general fund of the incorporated city.
(b) Where the license is collected within the boundaries of any unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the county shall retain 25 percent of the money, and 75 percent of the money must be placed in the town government fund for the general use and benefit of the unincorporated town.
(Added to NRS by 1979, 1406; A 1983, 141; 1987, 1723; 1997, 1298; 2011, 1282)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.325 - Collection and disposition of county fees for licenses in county whose population is 700,000 or more.

In a county whose population is 700,000 or more:
1. The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which the license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff of the county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff, if there is no county license department, is liable on the sheriff’s official bond for all money due for the licenses remaining uncollected by reason of the sheriff’s negligence.
2. If the county has no county license department, the sheriff shall, on or before the fifth day of each month, pay over to the county treasurer all money received for licenses and take from the county treasurer a receipt therefor, and the sheriff shall immediately on the same day return to the county auditor all licenses not issued or disposed of by the sheriff as is provided by law with respect to other county licenses.
3. If the county has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.
4. All money received for county gaming licenses under this chapter must be apportioned by the county treasurer in the following manner:
(a) Where the license is collected within the boundaries of any incorporated city, the money must be paid into the general fund of the incorporated city.
(b) Where the license is collected within the boundaries of any unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the money must be placed in the town government fund for the general use and benefit of the unincorporated town.
(c) Where the license is collected outside the boundaries of any incorporated city or unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the money must be retained by the county treasurer for credit to the county general fund.
(Added to NRS by 1997, 1297; A 2011, 1282)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.327 - Decrease in rate of property tax of incorporated city receiving apportioned gaming license revenue.

The Executive Director of the Department of Taxation shall decrease the rate of property tax otherwise allowed to be levied pursuant to chapter 354 of NRS by each incorporated city in a county whose population is 700,000 or more, and each such incorporated city shall accordingly decrease its property tax levy, for each fiscal year in which money will be distributed pursuant to NRS 463.325, by an amount which when multiplied by the assessed valuation of the incorporated city for the previous fiscal year would produce revenue equal to 25 percent of the amount allocated to the incorporated city pursuant to NRS 463.325 in the fiscal year in which the distribution will be received.
(Added to NRS by 1997, 1298; A 2011, 1283)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.330 - Costs of administration; Nevada Gaming Control Board Revolving Account; limitations on expenditures.

1. Costs of administration of this chapter incurred by the Commission and the Nevada Gaming Control Board must be paid from the State General Fund on claims presented by the Commission and the Board, respectively, and approved and paid as other claims against the State are paid. The Commission and the Board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.
2. In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the Commission pursuant to this chapter, there is hereby created the Nevada Gaming Control Board Revolving Account. Upon the written request of the Chair of the Board, the State Controller shall draw a warrant in favor of the Chair in the amount of $10,000, and upon presentation of the warrant to the State Treasurer, the State Treasurer shall pay it. When the warrant is paid, the Chair shall deposit the $10,000 in a bank or credit union of reputable standing which shall secure the deposit with a depository bond satisfactory to the State Board of Examiners.
3. The Chair of the Board may use the Revolving Account to pay the reasonable expenses of agents and employees of the Board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses are incurred for investigation of known or suspected violations. In allowing such expenses, the Chair is not limited or bound by the provisions of NRS 281.160.
4. Expenditures from the Revolving Account may exceed the amount authorized by the Legislature in any fiscal year only if the Revolving Account is used to pass through expenses incurred by the Board while engaged in confidential investigations concerning the enforcement of this chapter, and the money for payment of the expenses is derived from state or federal forfeiture funds as approved by the Chair.
[33:429:1955]—(NRS A 1959, 451; 1960, 304; 1961, 663; 1963, 691; 1969, 235, 736; 1977, 4; 1979, 782; 1983, 1530; 1999, 1499; 2003, 629; 2011, 207; 2017, 363)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.331 - Investigative Fund.

1. An Investigative Fund is hereby created as an enterprise fund for the purposes of paying all expenses incurred by the Board and the Commission for investigation of an application for a license, finding of suitability or approval under the provisions of this chapter. The special revenue of the Investigative Fund is the money received by the State from the respective applicants. The amount to be paid by each applicant is the amount determined by the Board in each case, but the Board may not charge any amount to an applicant for a finding of suitability to be associated with a gaming enterprise pursuant to paragraph (a) of subsection 2 of NRS 463.167, other than a club venue operator.
2. Expenses may be advanced from the Investigative Fund by the Chair, and expenditures from the Fund may be made without regard to NRS 281.160. Any money received from the applicant in excess of the costs and charges incurred in the investigation or the processing of the application must be refunded pursuant to regulations adopted by the Board and the Commission. At the conclusion of the investigation, the Board shall give to the applicant a written accounting of the costs and charges so incurred.
3. Within 3 months after the end of a fiscal year, the amount of the balance in the Fund in excess of $2,000 must be deposited in the State General Fund.
(Added to NRS by 1971, 834; A 1977, 1434; 1983, 243, 1531; 2001, 2754; 2015, 1487)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.334 - Credit reports of persons seeking employment with licensee.

1. Notwithstanding the provisions of NRS 598C.150, and to the extent allowed by 15 U.S.C. § 1681c, as amended, or any successor provision, and any regulations adopted pursuant thereto, a reporting agency may conduct an investigation or report information in response to a request from a licensee pursuant to the licensee’s internal investigation of a person seeking employment with the licensee or employment in a position connected directly with the operations of the licensee.
2. As used in this section, "reporting agency" has the meaning ascribed to it in NRS 598C.100.
(Added to NRS by 2015, 2719)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.33505 - Renewal of registration as gaming employee: Application to include information relating to state business license; 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 registration as a gaming employee must indicate in the application submitted to the Board 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. Registration as a gaming employee may not be renewed by the Board if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Board 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, 2733)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.3351 - Payment of child support: Statement by applicant for registration as gaming employee; grounds for denial of registration; duty of Board. [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 registration or renewal of registration as a gaming employee shall submit to the Board 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 Board shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for registration or renewal of registration as a gaming employee; or
(b) A separate form prescribed by the Board.
3. An applicant may not be registered as a gaming employee 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 Board 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, 2060; A 2003, 20th Special Session, 9)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.3352 - Suspension of registration as gaming employee for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [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 Board 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 registered as a gaming employee, the Board shall deem the registration of that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the registered gaming employee by the district attorney or other public agency pursuant to NRS 425.550 stating that the registered gaming employee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate the registration as a gaming employee of a person that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2061; A 2003, 20th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.3353 - Temporary suspension of registration as gaming employee if arrested by agent of Board; regulations.

1. If a person who is registered with the Board as a gaming employee is arrested by an agent of the Board, the Board may temporarily suspend the registration of the gaming employee.
2. The Commission, with the advice and assistance of the Board, shall adopt regulations establishing the process for issuing a temporary suspension of the registration of a person as a gaming employee if he or she is arrested by an agent of the Board.
3. As used in this section, "agent of the Board" means a person who possesses the powers of a peace officer pursuant to NRS 289.360.
(Added to NRS by 2019, 213)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.3354 - Application for registration as gaming employee to include social security number of applicant. [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.]

An application for registration or renewal of registration as a gaming employee must include the social security number of the applicant.
(Added to NRS by 1997, 2061; A 2003, 20th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.336 - Issuance of order summarily suspending registration as gaming employee; hearing; notice of defense.

1. The Commission may issue an order summarily suspending a person’s registration as a gaming employee upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare. The order becomes effective when served upon the person registered.
2. The order of summary suspension must state the facts upon which the finding of necessity for the suspension is based. For purposes of this section, the order of summary suspension shall be deemed a complaint.
3. An order of summary suspension must be signed by at least three members of the Commission.
4. The person whose registration as a gaming employee is summarily suspended:
(a) Has a right to a hearing on the order. The Commission shall schedule a hearing within 5 days after receipt of the person’s notice of defense.
(b) Must file a notice of defense within 30 days after the effective date of the order of summary suspension. Failure to file this notice in a timely manner waives his or her right to a hearing before the Commission and to judicial review of the final decision.
5. All affirmative defenses must be specifically stated in the notice of defense and unless an objection is stated to the form or manner of the order, all objections to the form of the complaint shall be deemed waived.
6. Except as otherwise provided in this section, the procedures for a disciplinary action in NRS 463.312 to 463.3145, inclusive, must be followed.
(Added to NRS by 1981, 1072; A 1983, 1565; 1989, 497; 2003, 20th Special Session, 10)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.339 - Disclosure by applicant for licensing, registration, finding of suitability, preliminary finding of suitability or required approval or consent.

An applicant for licensing, registration, finding of suitability, preliminary finding of suitability or any approval or consent required by this chapter or chapter 462 of NRS shall make full and true disclosure of all information to the Board, Commission or other relevant governmental authority as necessary or appropriate in the public interest or as required in order to carry out the policies of this state relating to licensing and control of the gaming industry and the operation of charitable lotteries.
(Added to NRS by 1977, 1418; A 1991, 2267; 2003, 20th Special Session, 12; 2013, 3805)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.3403 - Confidentiality of information relating to termination of employment of gaming employee or independent agent.

Any information obtained by the Board from any licensee, his or her employer or agent relating to the termination of the employment of a gaming employee or the services of an independent agent is confidential and must not be disclosed except:
1. Such information obtained from the former employer of an applicant for registration as a gaming employee must be disclosed to the applicant to the extent necessary to permit the applicant to respond to any suspension or objection made by the Board to his or her application for such registration;
2. In the necessary administration of this chapter; or
3. Upon the lawful order of a court of competent jurisdiction.
(Added to NRS by 1981, 1072; A 1991, 1844; 2003, 20th Special Session, 12)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.3407 - Absolute privilege of certain communications and documents; restrictions on and protections against disclosure.

1. Any communication or document of an applicant, licensee or club venue operator, or an affiliate of an applicant, licensee or club venue operator, which is made or transmitted to the Board or Commission or any of their agents or employees to:
(a) Comply with any law or the regulations of the Board or Commission;
(b) Comply with a subpoena issued by the Board or Commission; or
(c) Assist the Board or Commission in the performance of their respective duties,
is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
2. If such a document or communication contains any information which is privileged pursuant to chapter 49 of NRS, that privilege is not waived or lost because the document or communication is disclosed to the Board or Commission or any of its agents or employees.
3. Notwithstanding the provisions of subsection 4 of NRS 463.120:
(a) The Board, Commission and their agents and employees shall not release or disclose any information, documents or communications provided by an applicant, licensee or club venue operator, or an affiliate of an applicant, licensee or club venue operator, which are privileged pursuant to chapter 49 of NRS, without the prior written consent of the applicant, licensee, club venue operator or affiliate, or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant, licensee, club venue operator or affiliate.
(b) The Board and Commission shall maintain all privileged information, documents and communications in a secure place accessible only to members of the Board and Commission and their authorized agents and employees.
(c) The Board and Commission shall adopt procedures and regulations to protect the privileged nature of information, documents and communications provided by an applicant, licensee or club venue operator, or an affiliate of an applicant, licensee or club venue operator.
(Added to NRS by 1981, 1072; A 1987, 1274; 1993, 184; 1995, 1498; 2015, 1487)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.341 - Order of court for release of confidential information: Procedure.

An application to a court for an order requiring the Board or the Commission to release any information declared by law to be confidential shall be made only upon motion in writing on 10 days’ written notice to the Board or Commission, the Attorney General and all persons who may be affected by the entry of such order. Copies of the motion and all papers filed in support of it shall be served with the notice by delivering a copy in person or by certified mail to the last known address of the person to be served.
(Added to NRS by 1977, 1418)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.342 - Person with disability entitled to services of interpreter at hearing.

Any person who is the subject of a hearing conducted under the provisions of this chapter, or who is a witness at that hearing, and who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be appointed by the person who presides at the hearing.
(Added to NRS by 1979, 659; A 2001, 1778; 2007, 180)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.343 - Declaratory judgment; limitations on injunctive relief.

1. The Board or Commission or any applicant, licensee, association of licensees, nonprofit corporation that represents licensees, person found suitable, holding company, intermediary company or publicly traded corporation which is registered with the Commission may obtain a judicial determination of any question of construction or validity arising under this chapter, chapter 462 of NRS or any regulation of the Commission by bringing an action for a declaratory judgment in the district court in and for Carson City or the district court in and for the county in which the plaintiff resides or does business, in accordance with the provisions of chapter 30 of NRS.
2. When an action is brought by a person other than the Board or Commission, the Commission must be made a party to the action and the Attorney General must be served with a copy of the complaint and is entitled to appear in the action.
3. Statutes and regulations reviewed pursuant to this section must be construed in a manner consistent with the declared policy of the State.
4. The filing of a complaint for judicial determination under this section does not stay enforcement of any Commission or Board action. The Board or Commission may grant a stay upon appropriate terms.
5. In any proceeding brought under this section, the district court shall not grant any injunctive relief or relief based upon any other extraordinary common-law writ to:
(a) Any applicant for licensing, finding of suitability or registration;
(b) Any person who has been ordered by the Board or Commission to submit his or her application for licensing, finding of suitability or registration;
(c) Any person seeking judicial review of an action of the Commission which is subject to the provisions of NRS 463.315 to 463.318, inclusive; or
(d) Any person who is adversely affected by the appointment of a supervisor pursuant to chapter 463B of NRS.
(Added to NRS by 1977, 1417; A 1979, 787; 1981, 1087; 1983, 1567; 1991, 2267; 1993, 186; 2023, 1498)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.344 - Enforcement of certain security interests against licensees.

1. A security interest in:
(a) A security issued by a corporation, partnership, limited partnership or limited-liability company which is a holder of a gaming license in this State;
(b) A security issued by a holding company that is not a publicly traded corporation; or
(c) A security issued by a holding company that is a publicly traded corporation, if the enforcement of the security interest will result in the creditor acquiring control,
may not be enforced without the prior approval of the Commission and compliance with the regulations adopted by the Commission pursuant to subsection 2.
2. The Commission shall adopt regulations establishing the procedure for the enforcement of such a security interest which are consistent with chapters 104 to 104C, inclusive, of NRS. Any remedy provided by the Commission in its regulations for the enforcement of such a security interest is in addition to any other remedy provided by law.
(Added to NRS by 1987, 1273; A 1991, 1011; 1993, 2000)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.345 - Early closing dates in certain transfers of gaming property prohibited.

When any person contracts to sell or lease any property or interest in property, real or personal, under circumstances which require the approval or licensing of the purchaser or lessee by the Commission, the contract shall not specify a closing date for the transaction which is earlier than the expiration of 90 days after the submission of the completed application for such approval or licensing. Any provision of such a contract which specifies an earlier closing date is void for all purposes, but such invalidity does not affect the validity of any other provision of the contract.
(Added to NRS by 1969, 785)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.3455 - Provision regarding responsibility for fees and taxes required in certain transfers of gaming property or interest.

When any person contracts to sell or lease any property or interest in property, real or personal, under circumstances which require the approval or licensing of the purchaser or lessee by the Commission, the contract must contain a provision satisfactory to the Commission regarding responsibility for the payment of any fees or taxes due pursuant to any subsequent deficiency determinations made under this chapter which encompass any period of time before the closing date of the transaction.
(Added to NRS by 1983, 593)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.346 - Injunctions.

1. The Attorney General, at the direction of the Commission, may institute a civil action in any district court of this State against any person subject to this chapter or chapter 462, 464 or 465 of NRS to restrain a violation of this chapter or chapter 462, 464 or 465 of NRS.
2. The district court shall give priority over other civil actions to an action brought pursuant to this section.
3. An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person.
(Added to NRS by 1977, 1425; A 1991, 2268)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.3465 - Prosecution by Attorney General of violations of gaming laws.

1. If a district attorney in whose county a violation of this chapter or of chapter 462, 463B, 464 or 465 of NRS occurs fails to file a complaint or information for that offense or present it to a grand jury, within 15 days after the Commission or Board so requests in writing, the Commission or Board may recommend to the Attorney General that the Attorney General file a complaint or information or present the matter to a grand jury, as the facts may warrant, and thereafter proceed as appropriate to complete the prosecution. Upon a written recommendation to prosecute from the Commission or Board, the Attorney General may so file the matter without leave of court and has exclusive charge of the prosecution.
2. If a district attorney declines to prosecute such a violation after receiving a written request to do so from the Commission or Board, the district attorney may respond in writing to the Commission or Board within the 15-day period specified in subsection 1 and state the reasons why the district attorney declines.
(Added to NRS by 1981, 545; A 1991, 2268)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.350 - Gaming or employment in gaming prohibited for persons under 21; exception.

1. A person under the age of 21 years shall not:
(a) Play, be allowed to play, place wagers at, or collect winnings from, whether personally or through an agent, any gambling game, slot machine, race book, sports pool or pari-mutuel operator.
(b) Loiter, or be permitted to loiter, in or about any room or premises wherein any licensed game, race book, sports pool or pari-mutuel wagering is operated or conducted.
(c) Except as otherwise provided in subsection 2, be employed as a gaming employee except in a counting room.
2. A person who is of the age of majority as provided in NRS 129.010 may be employed as a gaming employee by a licensed manufacturer or distributor at the business premises of the licensed manufacturer or distributor if the employee:
(a) Designs, develops, programs, produces or composes a control program or other software, source language or executable code of a gaming device, associated equipment or a gaming support system, subject to peer review and change management procedures adopted by the licensee;
(b) Fabricates or assembles the components of a gaming device, associated equipment or a gaming support system; or
(c) Installs, modifies, repairs or maintains a gaming device, associated equipment or a gaming support system.
3. Any licensee, employee, dealer or other person who violates or permits the violation of any of the provisions of this section and any person who is under 21 years of age or not eligible to be employed as a gaming employee pursuant to subsection 2 who violates any of the provisions of this section is guilty of a misdemeanor.
4. In any prosecution or other proceeding for the violation of any of the provisions of this section, it is no excuse for the licensee, employee, dealer or other person to plead that he or she believed the person to be 21 years old or over or to be eligible to be employed as a gaming employee pursuant to subsection 2.
[35:429:1955]—(NRS A 1979, 788; 1981, 1088; 1985, 2139; 1989, 489; 1991, 652; 2019, 112)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.355 - District attorney, sheriff and chief of police to furnish information obtained during investigation or prosecution.

Every district attorney, sheriff and chief of police shall furnish to the Board, on forms prepared by the Board, all information obtained during the course of any substantial investigation or prosecution of any person if it appears that a violation of any law related to gaming has occurred.
(Added to NRS by 1981, 1073)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.3557 - Electronic transfer of money to game or gaming device by credit card prohibited; exception.

1. Except as otherwise provided in subsection 2, an electronic transfer of money from a financial institution directly to a game or gaming device may not be made with a credit card.
2. The provisions of subsection 1 do not apply to an interactive gaming system.
(Added to NRS by 1995, 1496; A 2001, 3086)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.360 - Penalties.

1. Conviction by a court of competent jurisdiction of a person for a violation of, an attempt to violate, or a conspiracy to violate any of the provisions of this chapter or of chapter 463B, 464 or 465 of NRS may act as an immediate revocation of all licenses which have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the Commission, order that no new or additional license under this chapter be issued to the violator, or be issued to any person for the room or premises in which the violation occurred, for 1 year after the date of the revocation.
2. A person who willfully fails to report, pay or truthfully account for and pay over any license fee or tax imposed by the provisions of this chapter, or willfully attempts in any manner to evade or defeat any such license fee, tax or payment thereof is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
3. Except as otherwise provided in subsection 4, a person who willfully violates, attempts to violate, or conspires to violate any of the provisions of subsection 1 of NRS 463.160 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, by a fine of not more than $50,000, or by both fine and imprisonment.
4. A licensee who puts additional games or slot machines into play or displays additional games or slot machines in a public area without first obtaining all required licenses and approval is subject only to the penalties provided in NRS 463.270 and 463.310 and in any applicable ordinance of the county, city or town.
5. A person who willfully violates any provision of a regulation adopted pursuant to NRS 463.125 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
6. The violation of any of the provisions of this chapter, the penalty for which is not specifically fixed in this chapter, is a gross misdemeanor.
[36:429:1955]—(NRS A 1959, 452; 1967, 587, 1119; 1979, 1016; 1981, 1088; 1985, 1300; 1995, 1294; 2015, 1820; 2021, 3386)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.361 - Enforceability and resolution of gaming debts.

1. Except as otherwise provided in NRS 463.361 to 463.366, inclusive, and 463.780, gaming debts that are not evidenced by a credit instrument are void and unenforceable and do not give rise to any administrative or civil cause of action.
2. A claim by a patron of a licensee for payment of a gaming debt that is not evidenced by a credit instrument may be resolved in accordance with NRS 463.362 to 463.366, inclusive:
(a) By the Board; or
(b) If the claim is for less than $500, by a hearing examiner designated by the Board.
(Added to NRS by 1983, 1846; A 1991, 929; 2001, 3086)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.362 - Resolution of disputes.

1. Whenever a patron and a licensee, or any person acting on behalf of or in conjunction with a licensee, have any dispute which cannot be resolved to the satisfaction of the patron and which involves:
(a) Alleged winnings, alleged losses or the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event; or
(b) The manner in which a game, tournament, contest, drawing, promotion or similar activity or event is conducted,
the licensee is responsible for notifying the Board or patron in accordance with the provisions of subsection 2, regardless of whether the licensee is directly or indirectly involved in the dispute.
2. Whenever a dispute described in subsection 1 involves:
(a) At least $500, the licensee shall immediately notify the Board; or
(b) Less than $500, the licensee shall notify the patron of the patron’s right to request that the Board conduct an investigation.
3. Upon being notified of a dispute, the Board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether payment should be made. The agent of the Board shall mail written notice to the Board, the licensee and the patron of the agent’s decision resolving the dispute within 45 days after the date the Board first receives notification from the licensee or a request to conduct an investigation from the patron. The failure of the agent to mail notice of the agent’s decision within the time required by this subsection does not divest the Board of its exclusive jurisdiction over the dispute.
4. Failure of the licensee to notify the Board or patron as provided in subsection 2 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.
5. The decision of the agent of the Board is effective on the date the aggrieved party receives notice of the decision. Notice of the decision shall be deemed sufficient if it is mailed to the last known address of the licensee and patron. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the licensee or the patron 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
(Added to NRS by 1983, 1846; A 1985, 1797; 1987, 188; 1989, 1264; 1991, 929, 2146; 1995, 1498; 2007, 1112; 2009, 286)
2023 Nevada Revised Statutes › Chapter 463 - Licensing and Control of Gaming › NRS 463.363 - Petition for hearing by Board; notice and conduct of hearing.

1. Within 20 days after the date of receipt of the written decision of the agent, the aggrieved party may file a petition with the Board requesting a hearing to reconsider the decision.
2. The petition must set forth the basis of the request for reconsideration.
3. If no petition for reconsideration is filed within the time prescribed in subsection 1, the decision shall be deemed final action on the matter and is not subject to reconsideration by the Board or to review by the Commission or any court.
4. The party requesting the hearing must provide a copy of the petition to the other party.
5. Within 15 days after service of the petition, the responding party may answer the allegations contained therein by filing a written response with the Board.
6. The Board shall schedule a hearing and may conduct the hearing as provided in subsection 4 of NRS 463.110, except that notice of the date, time and place of the hearing must be provided by the Board to both parties.
7. The hearing must be conducted in accordance with regulations adopted by the Commission.
(Added to NRS by 1983, 1846; A 1987, 188; 1989, 1265; 1991, 2146)