reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.205 - Technology Account.

1. The Technology Account for Chapter 119A of NRS is hereby created in the State General Fund. The Administrator shall administer the Account.
2. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
3. All money collected from the technology fee imposed pursuant to NRS 119A.360 must be deposited in the Account and used only to acquire technology for or improve the technology used by the Division to administer the provisions of this chapter, including, without limitation, costs related to acquiring or improving technology, purchasing hardware and software, maintaining the technology and contracting for professional services related to the technology.
4. All claims against the Account must be paid as other claims against the State are paid.
(Added to NRS by 2021, 3540)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.212 - Sales agents: Application for renewal of license 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 a sales agent’s license 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 sales agent’s license 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 119A - Time Shares › NRS 119A.220 - Sales agents: Association with project broker.

1. A sales agent may work for only one project broker at any one time at the location designated in the license.
2. A project broker shall give written notice to the Division of a change of association of any sales agent associated with the project broker within 10 days after that change.
3. The project broker, upon the termination of the employment of any sales agent associated with the project broker, shall submit that agent’s license to the Division.
4. If a sales agent changes his or her association with any project broker or changes his or her location designated in the license, the sales agent must apply to the Division for the reissuance of his or her license for its unexpired term. The application must be accompanied by a fee of $25.
5. A sales agent may only become associated with a project broker who certifies to the sales agent’s honesty, trustworthiness and good reputation.
(Added to NRS by 1983, 985; A 1985, 1139; 2013, 3513; 2015, 2786)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.230 - Sales agents: Disciplinary actions.

1. The Administrator may impose a fine or suspend, revoke, reissue, subject to conditions, or deny the renewal of any sales agent’s license issued under the provisions of this chapter at any time if the sales agent has, by false or fraudulent application or representation, obtained a license or, whether or not acting as a sales agent, is found guilty of:
(a) Making any material misrepresentation;
(b) Making any false promises of a character likely to influence, persuade or induce;
(c) Engaging in any fraudulent, misleading or oppressive sales techniques or tactics;
(d) Accepting a commission or valuable consideration as a sales agent for the performance of any of the acts specified in this chapter from any person except a licensed project broker with whom the sales agent is associated or the developer by whom the sales agent is employed;
(e) Failing, within a reasonable time, to account for or remit or turn over to the project broker any money which comes into the sales agent’s possession and which belongs to others;
(f) Violating any of the provisions of this chapter or chapter 119B of NRS or of any regulation adopted pursuant to either chapter, or willfully aiding or abetting another to do so; or
(g) A felony relating to the practice of a sales agent or other crime of moral turpitude or has entered a plea of nolo contendere to a felony relating to the practice of a sales agent or other crime of moral turpitude.
2. The Administrator may investigate the actions of any sales agent or any person who acts in such a capacity within the State of Nevada.
(Added to NRS by 1983, 993; A 1985, 1139, 1672, 1673; 1987, 892; 2001, 529; 2003, 2690)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.233 - Provisional sales agents: Qualifications; employment with project broker.

1. The Division shall issue a provisional sales agent’s license for an applicant who submits:
(a) A complete application for a sales agent’s license in compliance with NRS 119A.210 and applicable regulations;
(b) A written statement of acknowledgment from the project broker who will employ the applicant that:
(1) The project broker has obtained a report on the background of the applicant from a licensed private investigator or other reputable source acceptable to the Division;
(2) The project broker is satisfied that the applicant has a reputation for honesty, trustworthiness and competence; and
(3) There is a written agreement between the project broker and the applicant in which the applicant states that he or she understands and agrees that his or her employment in a position as a provisional sales agent will be terminated if the Division denies his or her application for a sales agent’s license; and
(c) A copy of the report described in subparagraph (1) of paragraph (b), which must demonstrate that the applicant has not been convicted of, or pleaded guilty, guilty but mentally ill or nolo contendere to, any crime that would be grounds for the Division to deny the application for a sales agent’s license pursuant to this chapter or any regulations adopted pursuant thereto.
2. The Division shall issue a provisional license to the project broker for an applicant upon verifying the applicant’s complete submission of all the required items set forth in subsection 1.
(Added to NRS by 2007, 806)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.235 - Provisional sales agents: Expiration of licenses; application to work for new project broker; termination of employment; denial of application for license.

1. A provisional license issued to an applicant by the Division will expire automatically:
(a) If the Division denies the applicant’s application;
(b) Upon the issuance of a sales agent’s license to the project broker for the applicant;
(c) If the Division denies the applicant an identification card or permit of any kind;
(d) If the applicant terminates employment with the project broker who provided the written statement of acknowledgment identified in NRS 119A.233; or
(e) If the applicant’s check for the fee for the application of an original license is returned for insufficient funds.
2. An applicant may not work for a new project broker without resubmitting a complete application for a sales agent’s license in compliance with NRS 119A.210 and 119A.233 and applicable regulations.
3. Except as otherwise provided in this section, a provisional license expires 1 year after its date of issuance and may not be renewed.
4. Within 10 days after an applicant’s employment is terminated, the project broker shall notify the Division of the termination and return the provisional license to the Division.
5. If the Division denies the application for a sales agent’s license, the applicant:
(a) May request a hearing to contest the denial of the application pursuant to this chapter and any regulations adopted pursuant thereto; and
(b) Shall not work as a provisional sales agent or in any other position that requires a provisional license while the decision on the appeal requested pursuant to paragraph (a) is pending.
(Added to NRS by 2007, 807)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.237 - Provisional sales agents: Restrictions; duties of project broker or supervising licensee; commissions.

1. A provisional licensee shall not:
(a) Conduct sales-related activities unless the provisional licensee is:
(1) Under the supervision of:
(I) His or her project broker; or
(II) A person licensed pursuant to chapter 645 of NRS.
(2) At the principal place of business or a branch office of the project broker or person licensed pursuant to chapter 645 of NRS or at the physical location of a time-share development.
(b) Collect personal information from a prospective purchaser or purchaser of a time share.
2. A project broker or person licensed pursuant to chapter 645 of NRS shall not grant to a provisional licensee:
(a) Access to a time-share lockbox; or
(b) The ability to enter a private residence or a time-share unit that an unlicensed person otherwise would not have.
3. A project broker or a person licensed pursuant to chapter 645 of NRS shall:
(a) Supervise the provisional licensee; and
(b) Review and approve in writing any contract prepared by the provisional licensee that relates to the sale of a time share.
4. A provisional licensee may receive a commission for the sale of a time share in which the provisional licensee is involved.
5. As used in this section:
(a) "Personal information" has the meaning ascribed to it in NRS 603A.040.
(b) "Provisional licensee" means an applicant who receives a provisional sales agent’s license from the Division pursuant to NRS 119A.233.
(Added to NRS by 2007, 807; A 2013, 1583)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.240 - Representatives: Qualifications for 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.] Representatives: Qualifications for registration. [Effective on 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. The Administrator shall register as a representative each applicant who:
(a) Submits proof satisfactory to the Division that the applicant has a reputation for honesty, trustworthiness and competence;
(b) Applies for registration in the manner provided by the Division;
(c) Submits the statement required pursuant to NRS 119A.263; and
(d) Pays the fees provided for in this chapter.
2. An application for registration as a representative must include the social security number of the applicant.
3. A representative is not required to be licensed pursuant to the provisions of chapter 645 of NRS.
(Added to NRS by 1983, 985; A 1997, 2039; 2013, 3513)
1. The Administrator shall register as a representative each applicant who:
(a) Submits proof satisfactory to the Division that the applicant has a reputation for honesty, trustworthiness and competence;
(b) Applies for registration in the manner provided by the Division; and
(c) Pays the fees provided for in this chapter.
2. A representative is not required to be licensed pursuant to the provisions of chapter 645 of NRS.
(Added to NRS by 1983, 985; A 1997, 2039; 2013, 3513, effective on 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)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.255 - Representatives: Application for renewal of registration 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 representative 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. Registration as a representative may not be renewed by the Administrator if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Administrator 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 119A - Time Shares › NRS 119A.260 - Representatives: Prohibited acts; compliance with standards applied to real estate brokers and salespersons.

1. A representative shall not negotiate the sale of, or discuss prices of, a time share. A representative may only induce and solicit persons to attend promotional meetings for the sale of time shares and distribute information on behalf of a developer.
2. The representative’s activities must strictly conform to the methods for the procurement of prospective purchasers which have been approved by the Division.
3. The representative shall comply with any applicable standards for conducting business as are applied to real estate brokers and salespersons pursuant to chapter 645 of NRS and the regulations adopted pursuant thereto.
4. A representative shall not make targeted solicitations of purchasers or prospective purchasers of time shares in another project with which the representative is not associated. A developer or project broker shall not pay or offer to pay a representative a bonus or other type of special compensation to engage in such activity.
(Added to NRS by 1983, 985; A 2001, 2501; 2013, 3514)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.263 - Payment of child support: Statement by applicant for sales agent’s license or registration as representative or manager; grounds for denial of license or registration; duty of Administrator. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of a sales agent’s license or registration as a representative or manager shall submit to the Administrator 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 Administrator shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license or registration; or
(b) A separate form prescribed by the Administrator.
3. A sales agent’s license or registration as a representative or manager may not be issued or renewed by the Administrator if the applicant:
(a) Fails to complete or 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 Administrator 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, 2037; A 2001, 2501)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.266 - Suspension of sales agent’s license or registration as representative or manager for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of suspended license or 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 Administrator 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 has been issued a sales agent’s license or has been registered as a representative or manager, the Administrator shall deem the license or registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the Administrator receives a letter issued to the holder of the license or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Administrator shall reinstate a sales agent’s license or the registration of a representative or manager that has been suspended by a district court pursuant to NRS 425.540 if the Administrator receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license or 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, 2037; A 2001, 2502)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.268 - Branch offices.

1. Every branch office must be operated under the supervision of a real estate broker or real estate broker-salesperson who is licensed pursuant to chapter 645 of NRS and who has had at least 2 years of experience as an active real estate broker or real estate broker-salesperson in the United States.
2. The project broker or time-share resale broker is responsible for each branch office which he or she operates.
3. If the location of the branch office does not permit a project broker or a time-share resale broker to exercise direct supervision of a branch office, a real estate broker-salesperson shall directly supervise the branch office.
4. A supervisor of a branch office may not supervise more than one branch office.
(Added to NRS by 2013, 3507)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.270 - Developers: Prohibited acts.

A developer shall not:
1. Offer to sell any time shares in this state unless the developer holds either a preliminary permit to sell time shares or a permit to sell time shares issued by the Administrator pursuant to the provisions of this chapter.
2. Sell any time shares in this state unless the developer holds a permit to sell time shares issued by the Administrator pursuant to the provisions of this chapter.
3. Offer to sell or sell a time share in this state unless the developer has named a person to act as a project broker.
4. Offer to sell or sell a time share in this state except through a project broker.
(Added to NRS by 1983, 979; A 2013, 3514)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.280 - Developers: Order to cease; hearing; agreement in lieu of order.

1. The Administrator may issue an order directing a developer to cease engaging in activities for which the developer has not received or been deemed to have received a permit under this chapter or conducting activities in a manner not in compliance with the provisions of this chapter or the regulations adopted pursuant thereto.
2. The order to cease must be in writing and must describe the violation in sufficient detail to inform the developer of the aspect in which it has failed to comply with the provisions of this chapter. The developer shall not engage in any activity regulated by this chapter after the developer receives such an order.
3. Within 30 days after receiving such an order, a developer may file a verified petition with the Administrator for a hearing. The Administrator shall hold a hearing within 30 days after the petition has been filed. If the Administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the cease and desist order is rescinded.
4. If the decision of the Administrator after a hearing is against the person ordered to cease and desist, the person may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which the person conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the Administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the Administrator in making the decision.
5. In lieu of the issuance of an order to cease such activities, the Administrator may enter into an agreement with the developer in which the developer agrees to:
(a) Discontinue the activities that are not in compliance with this chapter;
(b) Pay all costs incurred by the Division in investigating the developer’s activities and conducting any necessary hearings; and
(c) Return to the purchasers any money or property which the developer acquired through such violations.
Except as otherwise provided in NRS 239.0115, the terms of such an agreement are confidential unless violated by the developer.
(Added to NRS by 1983, 994; A 1985, 1140; 2007, 2072; 2013, 3514)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.285 - Developers: Inapplicability of certain provisions to offer or disposition of certain time shares.

The provisions of NRS 119A.290 to 119A.470, inclusive, 119A.480 and 119A.720 do not apply to a developer who has a valid permit issued pursuant to this chapter concerning the offer or disposition in this State of a time share in a time-share plan which includes units which are:
1. Located outside of this State;
2. Not registered pursuant to the provisions of this chapter; and
3. Offered or sold to an existing owner of a time-share plan offered by that developer or an affiliate of that developer if the developer or the affiliate:
(a) Authorizes the purchaser to cancel the purchase contract until midnight of the fifth calendar day after the date of the execution of the contract; and
(b) Provides the purchaser with all of the time share disclosure documents required by law in the jurisdiction in which the time share is located.
(Added to NRS by 2013, 3508)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.290 - Preliminary permits.

1. The Administrator shall issue a preliminary permit to sell time shares to each applicant who:
(a) Submits proof satisfactory to the Administrator that all of the requirements for a permit to sell time shares will be met;
(b) Applies for the preliminary permit in the manner provided by the Division; and
(c) Pays the fee provided for in this chapter.
2. A preliminary permit entitles the developer to solicit and accept reservations to purchase time shares.
(Added to NRS by 1983, 979; A 2013, 3515)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.300 - Requirements for issuance of initial permit.

Except as otherwise provided in NRS 119A.310, the Administrator shall issue an initial permit to sell time shares to each applicant who:
1. Files by electronic means or in any other manner prescribed by the Administrator, a statement of record which includes:
(a) The name and address of the project broker;
(b) A copy of each time-share instrument that relates to the time-share plan;
(c) A preliminary title report for the project issued within 30 days before submission of the application and copies of the documents listed as exceptions in the report;
(d) Copies of any other documents which relate to the time-share plan or the project, including any contract, agreement or other document to be used to establish and maintain an association and to provide for the management of the time-share plan or the project, or both;
(e) Copies of instructions for escrow, deeds, sales contracts and any other documents that will be used in the sale of the time shares;
(f) A copy of any proposed trust agreement which establishes a trust for the time-share plan or the project, or both;
(g) Documents which show the current assessments for property taxes on the project;
(h) Documents which show compliance with local zoning laws;
(i) If the units which are the subject of the time-share plan are in a condominium project, or other form of common-interest ownership of property, documents which show that use of the units is in compliance with the documents which created the common-interest ownership;
(j) Copies of all documents which will be given to a purchaser who is interested in participating in a program for the exchange of occupancy rights among owners and copies of the documents which show acceptance of the time-share plan in such a program;
(k) A copy of the budget or a projection of the operating expenses of the association, if applicable;
(l) For a points-based time-share plan, a copy of the current point-value use directory and the rules and procedures for changes by the developer or the association to the manner in which point values may be used;
(m) A financial statement of the developer; and
(n) The public offering statement described in NRS 119A.307 in a form prescribed by regulation of the Division;
2. Pays the fee for an initial permit provided for in NRS 119A.360; and
3. Corrects any deficiencies in the application, including, without limitation, any deficiencies in the public offering statement.
(Added to NRS by 1983, 979; A 1987, 1080; 2001, 2502; 2013, 1583, 3515)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.304 - Developer to file amended statement of record if material change to time-share plan; effectiveness; correction of deficiencies; amendment to time-share instrument required to be filed with Division; approval of amendment by Division.

1. If there is a material change to the time-share plan, the developer shall file an amended statement of record, and such amended statement of record is effective on the 60th day after the filing or, in the event that units are added to the time-share plan which are in a component site which has not previously been registered with the Division, on the 120th day after the filing, unless the Administrator:
(a) Issues a denial of the amended statement of record pursuant to NRS 119A.654 in a notice of deficiency describing the reasons for the denial in sufficient detail to allow the developer to correct the deficiencies in the amended statement of record; or
(b) Approves the amended statement of record on an earlier date.
2. The developer may submit evidence that the deficiencies in the amended statement of record described in the notice of deficiency issued pursuant to paragraph (a) of subsection 1 have been corrected within 90 days after the developer receives the notice of deficiency or within such extended time period as approved by the Division in writing.
3. The Administrator shall, within 30 days after receiving evidence that the deficiencies in the amended statement of record are corrected, approve the amended statement of record or issue a denial of the amended statement of record pursuant to NRS 119A.654 in a notice of deficiency describing the reasons for denial. If the Division fails to take any of the actions described in this subsection within the 30-day period, the amended statement of record shall be deemed approved by the Division.
4. If the developer fails to correct all the deficiencies in the amended statement of record after receipt of a second notice of deficiency pursuant to subsection 3, the Administrator may deny the amended statement of record and require the developer to pay a filing fee equal to one-half of the filing fee for an amendment to a statement of record as set forth in subsection 1 of NRS 119A.360.
5. Any amendment proposed by the developer to the provisions of a time-share instrument must be filed with the Division. Unless the Division notifies the developer of its disapproval within 15 days after the developer files the proposed amendment to the time-share instrument, the amendment shall be deemed to be approved by the Division.
(Added to NRS by 2013, 3507)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.305 - Terms and conditions of supporting documents: Description in public offering statement; conditions of permit.

The terms and conditions of the documents and agreements submitted pursuant to NRS 119A.300 and 119A.307 which relate to the creation and management of the time-share plan and to the sale of time shares and to which the applicant or an affiliate of the applicant is a party must be described in the public offering statement and constitute the terms and conditions of the applicant’s permit to sell time shares.
(Added to NRS by 1987, 1079; A 1991, 97; 2001, 2503; 2013, 1584, 3516)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.310 - Grounds for denial of permit; burden of proof.

1. The Administrator shall deny an application for a permit to sell time shares if the Administrator finds that:
(a) The developer failed to comply with any of the provisions of this chapter or the regulations adopted by the Division; or
(b) The developer, any affiliate of the developer or any officer of the developer or an affiliate of the developer, has:
(1) Been convicted of or pleaded nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or other crime involving moral turpitude;
(2) Been the subject of a judgment in any civil or administrative action, including a proceeding to revoke or suspend a license, involving fraud or dishonesty;
(3) Been permanently enjoined by a court of competent jurisdiction from selling real estate, time shares or securities in an unlawful manner;
(4) Had a registration as a broker-dealer in securities or a license to act as a real estate broker or salesperson, project broker or sales agent revoked;
(5) Been convicted of or pleaded nolo contendere to selling time shares without a license; or
(6) Had a permit to sell time shares, securities or real estate revoked.
2. The Administrator may deny an application for a permit to sell time shares if the Administrator finds that the developer has failed to offer satisfactory proof that it has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of a developer in a manner which safeguards the interests of the public.
3. The burden of proof is on the developer to establish to the satisfaction of the Administrator that the developer is competent to transact the business of the developer in a manner which safeguards the interests of the public.
4. If a developer has substantially complied with the provisions of this chapter in good faith, a nonmaterial error or omission is not sufficient grounds to deny a permit.
(Added to NRS by 1983, 980; A 1985, 1141; 1991, 97; 2001, 2503; 2013, 3516)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.320 - Period for action on application.

1. The Administrator shall, within 60 days after the receipt of an initial application for a permit to sell time shares in a time-share plan containing only one component site, regardless of whether additional component sites may be added later by an amendment to the filing, notify the applicant of his or her decision to:
(a) Issue a permit to sell time shares;
(b) Issue a preliminary permit to sell time shares, including a list of all deficiencies, if any, which must be corrected before a permit is issued; or
(c) Deny the application and in a notice of deficiency list all the reasons for denial in sufficient detail to allow the developer to correct the deficiencies.
2. The Administrator shall, within 120 days after the receipt of an initial application for a permit to sell time shares in a time-share plan containing more than one component site, notify the applicant of his or her decision to:
(a) Issue a permit to sell time shares;
(b) Issue a preliminary permit to sell time shares, including a list of all deficiencies, if any, which must be corrected before a permit is issued; or
(c) Deny the application and in a notice of deficiency list all the reasons for denial in sufficient detail to allow the developer to correct the deficiencies.
3. The developer may submit evidence that the deficiencies in the application described in the notice of deficiency issued pursuant to paragraph (c) of subsection 1 or paragraph (c) of subsection 2, as applicable, have been corrected within 90 days after the developer receives the notice of deficiency or within such extended time period as approved by the Division in writing.
4. The Administrator shall, within 30 days after:
(a) The receipt of evidence that the deficiencies in the application for a permit to sell time shares are corrected, issue a permit to sell time shares or deny the application and list the specific reasons for denial; or
(b) The issuance of a preliminary permit and receipt of evidence that all the requirements for the issuance of a permit to sell time shares have been met, issue the permit to sell time shares.
5. If it is in the public interest that the Administrator issue a second notice regarding the inadequate correction of any deficiencies in the application for a permit to sell time shares, then the Administrator shall issue such a second notice within 30 days after the developer submits evidence to correct the deficiencies identified pursuant to paragraph (c) of subsection 1, paragraph (c) of subsection 2 or subsection 3, as applicable.
6. If the developer fails to correct all the deficiencies after a second notice of deficiency is issued pursuant to subsection 5, the Administrator may deny the application and require the developer to pay a filing fee equal to one-half of the filing fee for an initial permit set forth in subsection 1 of NRS 119A.360.
(Added to NRS by 1983, 981; A 2013, 1584, 3517)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.330 - Hearing on denial of application, amendment to statement of record or renewal of permit; expiration of order of denial.

1. If the Administrator denies an application for a permit to sell time shares, an amendment to the statement of record or the renewal of a permit to sell time shares, the applicant may, within 30 days, file a written request for a hearing. The Administrator shall set the matter for hearing to be conducted within 90 days after receipt of the applicant’s request, unless the applicant requests a postponement of the hearing at least 3 working days before the date set for hearing. If such a request is made by the applicant, the date of the hearing must be agreed upon between the Division and the applicant.
2. If the Division fails to:
(a) Hold the hearing within 90 days or within the extended time if a postponement is requested;
(b) Render its decision within 60 days after the hearing; or
(c) Notify the applicant in writing, by its order, within 15 days after its decision was made,
the order of denial expires and the Division shall issue, within 15 days, a permit to sell time shares to the developer.
(Added to NRS by 1983, 981; A 2013, 3518)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.340 - Issuance of permit before completion of project.

If a project has not been completed before the issuance of a permit to sell time shares, the public offering statement must state the estimated date of completion and:
1. The developer shall establish to the satisfaction of the Administrator that a bond has been issued in an amount necessary to assure completion of the project free of any liens, which remains in effect until the project is completed free of all liens;
2. A cash deposit to cover the estimated costs of completing the project must be deposited with an escrow agent under an agreement which is approved by the Administrator; or
3. The developer shall make any other arrangement which is approved by the Administrator and necessary to safeguard the interests of the public.
(Added to NRS by 1983, 981; A 2001, 2504; 2013, 3518)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.350 - Investigation of applicants; expenses.

1. The Division may, before issuing any permit or license pursuant to the provisions of this chapter, fully investigate all information submitted to it as required by this chapter and, if necessary, inspect the property which is the subject of any application. All reasonable expenses incurred by the Division in carrying out the investigation or inspection must be paid by the applicant and no license or permit may be issued until those expenses have been paid.
2. Payments received by the Division pursuant to this section must be deposited in the State Treasury for credit to the Real Estate Investigative Account. The Administrator shall use the money in the Account to pay the expenses of agents and employees of the Division making the investigations pursuant to this section. The Administrator may advance money to them for those expenses when appropriate.
(Added to NRS by 1983, 980; A 1991, 1753; 2013, 3518)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.355 - Renewal of permit.

1. A permit must be renewed annually by the developer by filing an application with and paying the fee for renewal to the Administrator. The application must be filed and the fee paid not later than 30 days before the date on which the permit expires. The application must include the budget of the association and any material change that has occurred in the information previously provided to the Administrator or in a public offering statement provided to a prospective purchaser pursuant to the provisions of NRS 119A.400.
2. The renewal of a permit with no material changes to the public offering statement is effective on the 30th day after the filing of the application unless the Administrator:
(a) Issues a written denial of the renewal pursuant to NRS 119A.654 describing the reasons for denial in sufficient detail to allow the developer to correct the deficiencies; or
(b) Approves the renewal on an earlier date.
3. The Division shall, within 30 days after the receipt of evidence that the deficiencies in the application for renewal of a permit to sell time shares are corrected, renew the permit to sell time shares or deny the renewal and list the specific reasons for denial.
4. If the Administrator fails to take any action described in subsection 3, the renewal of the permit to sell time shares shall be deemed issued by the Division.
(Added to NRS by 1987, 1080; A 2001, 530, 2504; 2013, 1584, 3519)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.357 - Requirement to notify Division in writing of certain convictions.

1. A sales agent, representative, manager, developer, project broker, time-share resale broker or person licensed pursuant to chapter 645 of NRS and subject to the provisions of this chapter shall notify the Division in writing if he or she is convicted of, or enters a plea of guilty, guilty but mentally ill or nolo contendere to, a felony or any crime involving moral turpitude.
2. A sales agent, representative, manager, developer, project broker, time-share resale broker or person licensed pursuant to chapter 645 of NRS and subject to the provisions of this chapter shall submit the notification required by subsection 1:
(a) Not more than 10 days after the conviction or entry of the plea of guilty, guilty but mentally ill or nolo contendere; and
(b) When submitting an application to renew a license, registration or permit issued pursuant to this chapter.
(Added to NRS by 2007, 1548; A 2013, 1585)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.358 - Creation and maintenance of website through which licenses, permits or registrations may be renewed; fees.

The Division may:
1. Create and maintain a secure website on the Internet through which each license, permit or registration issued pursuant to the provisions of this chapter may be renewed; and
2. For each license, permit or registration renewed through the use of a website created and maintained pursuant to subsection 1, charge a fee in addition to any other fee provided for pursuant to this chapter which must not exceed the actual cost to the Division for providing that service.
(Added to NRS by 2007, 587)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.365 - Disciplinary action for failure to pay money to Division.

In addition to any other remedy or penalty, the Administrator may:
1. Refuse to issue a license, permit, certificate or registration to a person who has failed to pay money which the person owes to the Division.
2. Refuse to renew, or suspend or revoke, the license, permit, certificate or registration of a person who has failed to pay money which the person owes to the Division.
(Added to NRS by 2003, 1307)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.380 - Requirements for time-share instruments.

1. Each time-share plan must be created by one or more time-share instruments.
2. A time-share instrument must provide:
(a) A legal description and the physical address of the project;
(b) The name of the time-share plan;
(c) A system for establishing and identifying the time shares in the time-share plan;
(d) For assessment of the expenses of the time-share plan and an allocation of those expenses among the time shares;
(e) The voting rights which are assigned to each time share;
(f) If applicable, the procedure to add units and other real estate to, and to withdraw units and other real estate from, the time-share plan, and the method of reallocating expenses among the time shares after any such addition or withdrawal;
(g) The maximum number of time shares that may be created under the time-share plan;
(h) For selection of the trustee for insurance which is required to be maintained by the association or the developer;
(i) For maintenance of the units;
(j) For management of the time-share plan;
(k) A procedure to amend the time-share instrument; and
(l) The rights of the purchaser relating to the occupancy of the unit.
3. A time-share instrument may provide for:
(a) The developer’s reserved rights;
(b) Cumulative voting, but only for the purpose of electing the members of the board; and
(c) The establishment of:
(1) Separate voting classes based on the size or type of unit to which the votes are allocated; and
(2) A separate voting class for the developer during the period in which the developer is in control.
4. The provisions of a time-share instrument are severable.
5. The rule against perpetuities and NRS 111.103 to 111.1039, inclusive, do not apply to defeat any provisions of a time-share instrument.
6. With respect to time-share plans governed by the law of another state or component sites of a time-share plan located outside of this State, the instrument creating and governing the time-share plans or such component sites must be in compliance with the applicable laws of the state or jurisdiction under which the time-share plan is formed or in which the component sites are located. If the laws of the state or jurisdiction under which the time-share plan is formed or in which the component sites of such time-share plan are located conflict with the requirements of this chapter, the laws of the other state or jurisdiction control. If the time-share instrument provides for the matters set forth in subsections 1 and 2, the association and the developer shall be deemed to be in compliance with the requirements of this section and are not required to revise a time-share instrument to comply with this chapter.
(Added to NRS by 1983, 978; A 2001, 2505; 2013, 3521)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.385 - Description of time share.

A description of a time share is a legally sufficient description of the time share and all rights, obligations and interests appurtenant to that time share that were created by the time-share plan if the description includes, without limitation:
1. The name under which the time-share plan is registered with the Division;
2. The county in which the project is located;
3. Information which indicates where the time-share instruments are recorded; and
4. The permanent identifying number of the time share as set forth in the time-share instruments.
(Added to NRS by 2001, 2495)
2023 Nevada Revised Statutes › Chapter 119A - Time Shares › NRS 119A.390 - Reservation to purchase time share.

A reservation to purchase a time share must:
1. Be on a form approved by the Division;
2. Include a provision which grants the prospective purchaser the right to cancel the reservation at any time before the execution of the contract of sale with the full refund of any deposit;
3. Provide for the placement of any deposit in escrow until a permit is issued by the Administrator pursuant to NRS 119A.320;
4. Guarantee the purchase price for the time share for a certain period after the issuance of the permit to sell time shares; and
5. Require that any interest earned on the deposit for the reservation be paid to the prospective purchaser.
(Added to NRS by 1983, 979; A 2013, 1585)