reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.420 - Issuance of new certificate, reissuance or modification of suspension of permit or modification of action or order after application and hearing; exception. [Effective until 2 years after 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.] Issuance of new certificate, reissuance or modification of suspension of permit or modification of action or order after application and hearing. [Effective 2 years after 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.]

Upon application in writing and after a hearing, the Board may:
1. Issue a new certificate to a certified public accountant whose certificate has been revoked;
2. Reissue or modify the suspension of any permit to practice public accounting which has been revoked or suspended, unless the permit was suspended pursuant to NRS 425.540; or
3. Modify any action taken against any person or any order which it has issued pursuant to NRS 628.390.
(Added to NRS by 1960, 172; A 1981, 1394; 1997, 2118; 2005, 2807; 2017, 3472)
Upon application in writing and after a hearing, the Board may:
1. Issue a new certificate to a certified public accountant whose certificate has been revoked;
2. Reissue or modify the suspension of any permit to practice public accounting which has been revoked or suspended; or
3. Modify any action taken against any person or any order which it has issued pursuant to NRS 628.390.
(Added to NRS by 1960, 172; A 1981, 1394; 1997, 2118; 2005, 2807; 2017, 3472, effective 2 years after 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 628 - Accountants › NRS 628.425 - Accountant’s report on financial statements: Requirements for persons who sign or authorize another to sign.

A person who, on his or her own behalf or on behalf of a partnership, corporation, limited-liability company or sole proprietorship, signs or authorizes another to sign an accountant’s report on financial statements shall meet the requirements for competency as set forth in the professional standards of accounting.
(Added to NRS by 2009, 312)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.430 - Statement, record, schedule, working paper or memorandum made by accountant or natural person or certified public accounting firm granted practice privileges in course of professional service is property of accountant or natural person or certified public accounting firm; exception; limitations on sale, transfer or bequeathment.

All statements, records, schedules, working papers and memoranda made by a certified public accountant or a natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315 incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant or a natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315 to a client, are the property of the accountant, in the absence of an express agreement between the accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum may be sold, transferred or bequeathed, without the consent of the client or the client’s personal representative or assignee, to anyone other than one or more surviving partners or new partners of the accountant or to his or her corporation.
(Added to NRS by 1960, 173; A 1971, 745; 1981, 1394; 2009, 322; 2017, 3472; 2023, 306)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.435 - Attestations applicable to particular engagements: Compliance with professional standards for accounting and documentation; retention of documentation.

1. A practitioner shall comply with all professional standards for accounting and documentation related to an attestation applicable to particular engagements.
2. Except as otherwise provided in this section and in all professional standards for accounting and documentation related to an attestation applicable to particular engagements, a practitioner shall retain all documentation related to an attestation for not less than 5 years after the date of the report containing the attestation.
3. Documentation related to an attestation that, at the end of the retention period set forth in subsections 1 and 2, is a part of or subject to a pending investigation of, or disciplinary action against, a practitioner must be retained and must not be destroyed until the practitioner has been notified in writing that the investigation or disciplinary action has been closed or concluded.
4. As used in this section:
(a) "Documentation related to an attestation" includes, without limitation:
(1) All documentation relating to consultations and resolutions of any differences of professional opinion regarding the exercise of professional judgment relating to an attestation; and
(2) Documentation of the findings or issues related to the attestation that, based on the judgment of the practitioner after an objective analysis of the facts and circumstances, is determined to be significant, regardless of whether the documentation includes information or data that is inconsistent with the final conclusions of the practitioner.
(b) "Practitioner" means:
(1) A holder of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, or a permit issued pursuant to NRS 628.380;
(2) A partnership, corporation, limited-liability company or sole proprietorship registered pursuant to NRS 628.335; or
(3) A natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315.
(Added to NRS by 2005, 250; A 2009, 322; 2017, 3473; 2023, 307)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.440 - Employees and assistants of accountants.

This chapter does not prohibit any person from serving as an employee of, or an assistant to, a certified public accountant who holds a live permit, or a partnership, corporation or limited-liability company composed of certified public accountants if the employee or assistant does not issue any accounting or financial statement over his or her name.
(Added to NRS by 1960, 173; A 1971, 746; 1981, 1394; 1989, 1605; 1995, 1481; 2007, 2723; 2009, 324; 2017, 3473)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.450 - Unlawful use of designation "certified public accountant" or "C.P.A."

A natural person shall not assume or use the title or designation "certified public accountant" or the abbreviation "C.P.A." or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that he or she is a certified public accountant unless the person:
1. Has received a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit and all of the person’s offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
2. Is a natural person granted practice privileges pursuant to NRS 628.315.
(Added to NRS by 1960, 173; A 1981, 1395; 1987, 1313; 2009, 324)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.460 - Unlawful use of designation "certified public accountant" or "C.P.A." by partnership, corporation, limited-liability company or sole proprietorship.

A partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation "certified public accountant" or the abbreviation "C.P.A." or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership, corporation, limited-liability company or sole proprietorship is composed of certified public accountants unless the partnership, corporation, limited-liability company or sole proprietorship is:
1. Registered as a partnership, corporation, limited-liability company or sole proprietorship of certified public accountants and all offices of the partnership, corporation, limited-liability company or sole proprietorship in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
2. Granted practice privileges pursuant to the provisions of NRS 628.315.
(Added to NRS by 1960, 173; A 1971, 746; 1981, 1395; 1995, 1482; 2009, 325; 2023, 307)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.470 - Unlawful use of designation "public accountant."

A natural person shall not assume or use the title or designation "public accountant" or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that he or she is a public accountant unless the person:
1. Has received a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit and all of the person’s offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
2. Is a natural person granted practice privileges pursuant to NRS 628.315.
(Added to NRS by 1960, 174; A 1981, 1396; 1987, 1313; 2009, 325; 2017, 3474)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.480 - Unlawful use of designation "public accountant" by partnership, corporation, limited-liability company or sole proprietorship.

A partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation "public accountant" or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership, corporation, limited-liability company or sole proprietorship is composed of public accountants unless the partnership, corporation, limited-liability company or sole proprietorship is:
1. Registered as a partnership, corporation, limited-liability company or sole proprietorship of certified public accountants and all offices of the partnership, corporation, limited-liability company or sole proprietorship in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
2. Granted practice privileges pursuant to the provisions of NRS 628.315.
(Added to NRS by 1960, 174; A 1971, 747; 1981, 1396; 1995, 1482; 2009, 325; 2017, 3474; 2023, 308)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.490 - Unlawful use of designation or abbreviation likely to confuse public; use of "accountant," "auditor" and "certified public accountant."

1. Except as otherwise provided in subsection 2 and NRS 628.450 to 628.480, inclusive, a person, partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation "certified accountant," or any other title or designation likely to be confused with "certified public accountant" or "public accountant," or any of the abbreviations "C.A." or "P.A." or similar abbreviations likely to be confused with "C.P.A."
2. Anyone who:
(a) Holds a live permit pursuant to NRS 628.380 or is registered as a partnership, corporation, limited-liability company or sole proprietorship pursuant to the provisions of this chapter and all of whose offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
(b) Has been granted practice privileges pursuant to NRS 628.315,
may hold himself or herself out to the public as an "accountant," "auditor" or "certified public accountant."
(Added to NRS by 1960, 174; A 1971, 747; 1981, 1396; 1995, 1483; 2009, 325; 2023, 308)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.510 - Conditions under which affixing name to wording which indicates person is accountant or auditor or has certain expert knowledge is unlawful.

1. Except as otherwise provided in subsection 2, a person shall not sign or affix his or her name or the name of a partnership, corporation, limited-liability company or sole proprietorship, or any trade or assumed name used by the person or by the partnership, corporation, limited-liability company or sole proprietorship in business, with any wording indicating that he or she is an accountant or auditor, or that the partnership, corporation, limited-liability company or sole proprietorship is authorized to practice as an accountant or auditor or with any wording indicating that the person or the partnership, corporation, limited-liability company or sole proprietorship has expert knowledge in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless:
(a) The person holds a live permit or the partnership, corporation, limited-liability company or sole proprietorship is registered pursuant to NRS 628.335 and all of the person’s offices in this State for the practice of public accounting are maintained and registered under NRS 628.370; or
(b) The person is a natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315.
2. The provisions of subsection 1 do not prohibit:
(a) Any officer, employee, partner, principal or member of any organization from affixing his or her signature to any statement or report in reference to the financial affairs of that organization with any wording designating the position, title or office which he or she holds in the organization.
(b) Any act of a public official or public employee in the performance of his or her duties as such.
(c) Any person who does not hold a live permit from preparing a financial statement or issuing a report if the statement or report, respectively, includes a disclosure that:
(1) The person who prepared the statement or issued the report does not hold a live permit issued by the Board; and
(2) The statement or report does not purport to have been prepared in compliance with the professional standards of accounting adopted by the Board.
(Added to NRS by 1960, 174; A 1981, 1396; 1995, 1483; 1999, 1705; 2009, 326; 2017, 3474; 2023, 308)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.520 - Conditions under which affixing name of partnership, corporation, limited-liability company or sole proprietorship to wording which indicates partnership, corporation, limited-liability company or sole proprietorship is composed of accountants or auditors or persons with certain expertise is unlawful.

A person shall not sign or affix the name of a partnership, corporation, limited-liability company or sole proprietorship with any wording indicating that it is a partnership, corporation, limited-liability company or sole proprietorship composed of accountants or auditors or persons having expert knowledge or special expertise in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless the partnership, corporation, limited-liability company or sole proprietorship is:
1. Registered pursuant to NRS 628.335 and all of its offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
2. Granted practice privileges pursuant to the provisions of NRS 628.315.
(Added to NRS by 1960, 175; A 1971, 747; 1981, 1397; 1995, 1483; 2009, 327; 2017, 3475; 2023, 309)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.540 - Unlawful acts by person without permit or practice privileges or by partnership, corporation, limited-liability company or sole proprietorship without registration or practice privileges; exceptions.

1. Except as otherwise provided in subsection 2, a person, partnership, corporation, limited-liability company or sole proprietorship shall not engage in the practice of public accounting or hold himself, herself or itself out to the public as an "accountant" or "auditor" by use of either or both of those words in connection with any other language which implies that such a person or firm holds a certificate, permit or registration or has special competence as an accountant or auditor on any sign, card, letterhead or in any advertisement or directory unless:
(a) If a natural person, he or she holds a live permit or has been granted practice privileges pursuant to NRS 628.315; or
(b) If a partnership, corporation, limited-liability company or sole proprietorship, it is registered pursuant to NRS 628.335 or has been granted practice privileges pursuant to the provisions of NRS 628.315.
2. The provisions of subsection 1 do not prohibit:
(a) Any officer, employee, partner, shareholder, principal or member of any organization from describing himself or herself by the position, title or office he or she holds in that organization.
(b) Any act of a public official or public employee in the performance of his or her duties as such.
(Added to NRS by 1960, 175; A 1971, 747; 1981, 1397; 1995, 1483; 2009, 327; 2017, 3475; 2023, 309)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.550 - Unlawful use of title or designation which falsely indicates or implies existence of partnership, corporation or limited-liability company; misleading name prohibited.

1. A person shall not assume or use the title or designation "certified public accountant" or "public accountant" in conjunction with names indicating or implying that there is a partnership, corporation or limited-liability company, or in conjunction with the designation "and Company" or "and Co." or a similar designation, if there is in fact no bona fide partnership, corporation or limited-liability company:
(a) Registered under NRS 628.335; or
(b) Granted practice privileges pursuant to the provisions of NRS 628.315.
2. A person, partnership, corporation or limited-liability company shall not engage in the practice of public accounting under any name which is misleading as to:
(a) The legal form of the firm;
(b) The persons who are partners, officers, shareholders or members; or
(c) Any other matter.
The names of past partners, shareholders or members may be included in the name of a firm or its successors.
(Added to NRS by 1960, 175; A 1971, 748; 1981, 1397; 1995, 1484; 2009, 327; 2017, 3476; 2023, 310)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.560 - Prima facie evidence of violation.

1. The display or uttering by a person of a card, sign, advertisement or other printed, engraved or written instrument or device, bearing a person’s name in conjunction with the words "certified public accountant" or any abbreviation thereof, or "public accountant" or any abbreviation thereof, shall be prima facie evidence in any action brought under NRS 628.570 or 628.580 that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement or other printed, engraved or written instrument or device, and that such person is holding himself or herself out to be a certified public accountant or a public accountant holding a permit to practice under NRS 628.380.
2. In any such action evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct.
(Added to NRS by 1960, 176)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.570 - Order to cease and desist; injunctive relief; issuance without bond.

Whenever in the judgment of the Board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of NRS 628.435 or 628.450 to 628.550, inclusive, the Board may issue and serve on the person an order to cease and desist or make application to an appropriate court for an order enjoining the acts or practices, and upon a showing by the Board that the person has engaged, or is about to engage, in any of those acts or practices, an injunction, restraining order or such order as may be appropriate must be granted by the court without a bond.
(Added to NRS by 1960, 176; A 2005, 255; 2017, 3476)
2023 Nevada Revised Statutes › Chapter 628 - Accountants › NRS 628.580 - Penalty; enforcement.

1. Any person who violates any provision of NRS 628.435 or 628.450 to 628.550, inclusive, is guilty of a gross misdemeanor.
2. Whenever the Board has reason to believe that any person is liable to punishment under this section, it may certify the facts to the Attorney General or other appropriate enforcement officer, who may, in his or her discretion, cause appropriate proceedings to be brought.
(Added to NRS by 1960, 176; A 1967, 640; 2005, 255; 2017, 3476)
2023 Nevada Revised Statutes › Chapter 628A - Financial Planners › NRS 628A.010 - Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Client" means a person who receives advice from a financial planner.
2. "Compensation" means a fee for services provided by a financial planner to a client or a commission or other remuneration derived by a financial planner from a person other than the client as the result of the purchase of a good or service by the client.
3. "Financial planner" means a person who for compensation advises others upon the investment of money or upon provision for income to be needed in the future, or who holds himself or herself out as qualified to perform either of these functions, but does not include:
(a) An attorney and counselor at law admitted by the Supreme Court of this State;
(b) A certified public accountant who holds a certificate issued pursuant to NRS 628.190 to 628.310, inclusive; or
(c) A producer of insurance licensed pursuant to chapter 683A of NRS or an insurance consultant licensed pursuant to chapter 683C of NRS,
whose advice upon investment or provision of future income is incidental to the practice of his or her profession or business.
(Added to NRS by 1993, 1372; A 1995, 1453, 1635; 1997, 530; 2001, 2256; 2017, 1796, 3476)
2023 Nevada Revised Statutes › Chapter 628A - Financial Planners › NRS 628A.020 - Duties of financial planner.

A financial planner has the duty of a fiduciary toward a client. A financial planner shall disclose to a client, at the time advice is given, any gain the financial planner may receive, such as profit or commission, if the advice is followed. A financial planner shall make diligent inquiry of each client to ascertain initially, and keep currently informed concerning, the client’s financial circumstances and obligations and the client’s present and anticipated obligations to and goals for his or her family.
(Added to NRS by 1993, 1372)
2023 Nevada Revised Statutes › Chapter 628A - Financial Planners › NRS 628A.030 - Liability of financial planner.

1. If loss results from following a financial planner’s advice under any of the circumstances listed in subsection 2, the client may recover from the financial planner in a civil action the amount of the economic loss and all costs of litigation and attorney’s fees.
2. The circumstances giving rise to liability of a financial planner are that the financial planner:
(a) Violated any element of his or her fiduciary duty;
(b) Was grossly negligent in selecting the course of action advised, in the light of all the client’s circumstances known to the financial planner; or
(c) Violated any law of this State in recommending the investment or service.
(Added to NRS by 1993, 1372)
2023 Nevada Revised Statutes › Chapter 628A - Financial Planners › NRS 628A.040 - Financial planner required to maintain insurance for liability or surety bond; exceptions.

1. Except as otherwise provided in subsection 2, a financial planner shall maintain insurance covering liability for errors or omissions, or a surety bond to compensate clients for losses actionable pursuant to this chapter, in an amount of $1,000,000 or more.
2. The provisions of subsection 1 do not apply to:
(a) A broker-dealer or sales representative licensed pursuant to NRS 90.310 or exempt under NRS 90.320; or
(b) An investment adviser licensed pursuant to NRS 90.330 or exempt under NRS 90.340 or 90.345.
(Added to NRS by 1993, 1372; A 2017, 1796; 2021, 249)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.010 - Legislative findings and declarations.

The Legislature finds and declares that:
1. There exists in this State a need, in order to provide for the protection of the public interest, to regulate entities engaged in the business of private professional guardians and persons employed by such entities.
2. Entities engaging in the business of private professional guardians must be licensed and regulated in such a manner as to promote advantages and convenience for the public while protecting the public interest.
3. It is the purpose of this chapter to bring under public supervision entities that are engaged in or desire to engage in the business of a private professional guardian and to ensure that there is established in this State an adequate, efficient and competitive private professional guardian service available to the courts and the public at large.
(Added to NRS by 2015, 2344; A 2017, 2425)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.020 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 628B.030 to 628B.100, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2015, 2344; A 2021, 2056)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.030 - "Business of a private professional guardian" defined.

"Business of a private professional guardian" means the holding out by an entity, through advertising, solicitation or other means, that the entity or a person employed by the entity is available to act for compensation as a private professional guardian.
(Added to NRS by 2015, 2344; A 2017, 2425)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.080 - "Private professional guardian" defined.

1. "Private professional guardian" has the meaning ascribed to it in NRS 159.024 and 159A.024.
2. For the purposes of this chapter, the term does not include an entity that serves as a private professional guardian but is exempt pursuant to NRS 159.0595, 159A.0595 or 628B.110 from the requirement to have a license issued pursuant to this chapter.
(Added to NRS by 2015, 2345; A 2017, 904, 2425)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.090 - "Private professional guardian company" defined.

1. "Private professional guardian company" means a business entity, including, without limitation, a sole proprietorship, partnership, limited-liability company or corporation, that is licensed pursuant to the provisions of this chapter to engage in the business of a private professional guardian, whether appointed by a court or hired by a private party.
2. For the purposes of this chapter, the term does not include a business entity which engages in the business of a private professional guardian but which is exempt pursuant to NRS 159.0595, 159A.0595 or 628B.110 from the requirement to have a license issued pursuant to this chapter.
(Added to NRS by 2015, 2345; A 2017, 904, 2425)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.110 - Applicability of chapter.

This chapter does not apply to a person who:
1. Is a public guardian or administrator appointed by the court;
2. Is a banking corporation as defined in NRS 657.016;
3. Is an organization permitted to act as a fiduciary pursuant to NRS 662.245;
4. Is a trust company as defined in NRS 669.070;
5. Is acting in the performance of his or her duties as an attorney at law;
6. Acts as a trustee under a deed of trust;
7. Acts as a fiduciary under a court trust; or
8. Acts as a fiduciary as an individual or a family member.
(Added to NRS by 2015, 2345)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.220 - Maintenance by Commissioner of record of applications for licenses, bonds and issued and renewed licenses.

1. The Commissioner shall maintain in the Office of the Commissioner, in a suitable record provided for that purpose, each application for a license and all bonds required to be filed pursuant to this chapter. The record must state the date of issuance or denial of the license and the date and nature of any action taken relating to an application.
2. Each license issued by the Commissioner must be sufficiently identified in the record.
3. Each renewal of a license must be recorded in the same manner as the original license, and the number of the preceding license issued must be recorded.
(Added to NRS by 2015, 2351)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.230 - Confidentiality of application, personal or financial records and documents obtained pursuant to examination or in response to subpoena; disclosure.

Except as otherwise provided in NRS 239.0115, any application and personal or financial records submitted to the Division pursuant to the provisions of this chapter and any personal or financial records or other documents obtained by the Division pursuant to an examination conducted by the Commissioner or his or her designee or in response to a subpoena are confidential and may be disclosed only to:
1. The Division, any authorized employee or representative of the Division and any state or federal agency investigating the activities covered under the provisions of this chapter; and
2. Any person if the Commissioner, in his or her discretion, determines that the interests of the public that would be protected by disclosure outweigh the interest of any person in the confidential information not being disclosed.
(Added to NRS by 2015, 2358)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.300 - Engaging in business without license unlawful.

It is unlawful for any person to engage in any activity relating to service as a private professional guardian, including, without limitation, engaging in the business of a private professional guardian, if the person does not meet the requirements set forth in NRS 159.0595.
(Added to NRS by 2015, 2345; A 2017, 2425)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.315 - Submission of fingerprints; fee; regulations.

1. Each natural person who acts in any capacity within a private professional guardian company shall, before acting in any such capacity and not less than once every 5 years thereafter, submit to the Commissioner a complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
2. The Division shall maintain a copy of all reports obtained pursuant to this section.
3. The Commissioner shall adopt regulations establishing the amount of any fee required to obtain a report pursuant to this section. All money received by the Commissioner must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.
(Added to NRS by 2017, 2424)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.340 - Approval of application.

The Commissioner shall approve the application for a license, keeping on file his or her findings of fact pertaining thereto, if the Commissioner finds that the applicant has met all the requirements of this chapter pertaining to the applicant’s qualifications and application.
(Added to NRS by 2015, 2350)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.350 - Denial of application; opportunity to cure defect or deficiency; notice and hearing; final order for purposes of judicial review.

1. After conducting an investigation pursuant to NRS 628B.330, if the Commissioner finds grounds for the denial of the application, the Commissioner shall provide to the applicant written notice of such grounds by personal service or certified mail.
2. The applicant may cure any defect or deficiency in the application and, not more than 30 days after receipt of the notice pursuant to subsection 1, resubmit the application for approval.
3. If an application is not approved, the Commissioner shall:
(a) Enter an order denying the application and provide to the applicant written notice of the denial by personal service or certified mail; and
(b) Send a copy of the order denying the application to each district court in each county where the applicant proposed to do business based on the information provided in the application.
4. If the Commissioner enters an order denying an application, the applicant may request a hearing before the Commissioner, but if no such request is made within 30 days after the entry of the order denying the application, the Commissioner shall enter a final order.
5. A final order of the Commissioner denying an application is a final order for the purposes of judicial review.
(Added to NRS by 2015, 2350)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.360 - Issuance of license; contents of license.

1. If the Commissioner approves an application pursuant to NRS 628B.340 and the applicant pays the required fees, the Commissioner shall issue to the applicant a license to engage in the business of a private professional guardian.
2. A license issued pursuant to subsection 1 must contain:
(a) The name of the licensee.
(b) The locations by street and number where the licensee is authorized to engage in business.
(c) The number and the date of issuance of the license.
(d) That the license is issued pursuant to this chapter and that the licensee is authorized to engage in the business of a private professional guardian under this chapter.
(e) The expiration date of July 1 of the next year.
(Added to NRS by 2015, 2350)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.370 - Expiration and renewal of license; fees; cancellation and reinstatement; regulations.

1. A license to engage in the business of a private professional guardian expires on December 31 of each year, unless it is renewed. To renew such a license, a private professional guardian company must submit to the Commissioner on or after November 1 and on or before December 31 of each year:
(a) An application, which must contain, without limitation, the number of the license being renewed and all information required to complete the application; and
(b) A renewal fee of not more than $1,500.
2. The Commissioner shall issue a renewal license to the applicant, which must be dated January 1 next ensuing the date of the application, in form and text similar to the original except that, in addition, the renewal must include the date and number of the earliest license issued.
3. All requirements of this chapter with respect to original licenses and bonds apply to all renewal licenses and bonds, except as otherwise provided in this section.
4. The Commissioner shall refuse to renew a license if at the time of application a proceeding to revoke or suspend the license is pending.
5. If a private professional guardian company fails to submit any item required pursuant to subsection 1 to the Commissioner on or after November 1 and on or before December 31 of any year, the license is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled license if the private professional guardian company submits to the Commissioner on or before February 28 of the following year:
(a) An application for renewal which contains the information specified in paragraph (a) of subsection 1; and
(b) The renewal fee specified in paragraph (b) of subsection 1.
6. The Commissioner shall adopt regulations establishing the amount of the fee required pursuant to this section. All money collected under the provisions of this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
(Added to NRS by 2015, 2352; A 2021, 2057)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.380 - License not transferable or assignable; authority to merge or consolidate with, or transfer assets and control to other licensee with approval of Commissioner; report of certain changes to Commissioner; approval of Commissioner; cost of investigation.

1. A license issued pursuant to this chapter is not transferable or assignable, but upon the approval of the Commissioner and any applicable court of jurisdiction, a private professional guardian company may merge or consolidate with, or transfer its assets and control to, another entity that holds a license pursuant to this chapter. In determining whether to grant the approval, the Commissioner may consider the factors set forth in NRS 628B.330.
2. If a change in the control of a private professional guardian company occurs, the chief executive officer or managing member of the company shall report the change in control and the name of the person obtaining control to the Commissioner within 5 business days after obtaining knowledge of the change.
3. A private professional guardian company shall, within 5 business days after a change occurs in the chief executive officer, managing member, a majority of the directors or managing directors of the company or the employment of any private professional guardian, report the change to the Commissioner. The company shall include in its report to the Commissioner a statement of the past and current business and professional affiliations of each new chief executive officer, managing member, director, managing director or private professional guardian. A new chief executive officer, managing member, director, managing director or private professional guardian shall furnish to the Commissioner a complete financial statement on a form prescribed by the Commissioner.
4. A person who intends to acquire control of a private professional guardian company shall submit an application to the Commissioner. The application must be submitted on a form prescribed by the Commissioner. The Commissioner shall conduct an investigation pursuant to NRS 628B.330 to determine whether the person has a good reputation for honesty, trustworthiness and integrity and is competent to control the private professional guardian company in a manner which protects the interests of the general public.
5. The private professional guardian company of which the applicant intends to acquire control shall pay the nonrefundable cost of the investigation as required by the Commissioner. If the Commissioner denies the application, the Commissioner may prohibit or limit the applicant’s participation in the business.
6. As used in this section, "control" means the possession, directly or indirectly, of the authority to direct or cause the direction of the management and policy of a private professional guardian company, or a change in the ownership of at least 25 percent of the outstanding voting stock of, or participating members’ interest in, the company.
(Added to NRS by 2015, 2351; A 2017, 2428)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.390 - Cancellation of license for discontinuance of business: Submission of evidence of release and discharge of obligations; entry of order; provision of copy of order to district courts.

1. If any private professional guardian company wishes to discontinue its business, the company shall furnish to the Commissioner satisfactory evidence of the release and discharge from all obligations which the company has assumed or which have been imposed by law. Thereafter, the Commissioner shall enter an order cancelling the license of the private professional guardian company.
2. If the Commissioner enters an order cancelling a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.
(Added to NRS by 2015, 2352)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.450 - Commissioner authorized to take action to participate; charges for use; regulations; provisions do not replace or affect authority of Commissioner regarding licensing.

1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:
(a) Facilitating and participating in the establishment and implementation of the Registry;
(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;
(c) Authorizing the Registry to collect and maintain records of applicants for and holders of licenses;
(d) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;
(e) Requiring an applicant for or holder of a license to use the Registry to:
(1) Apply for the issuance or renewal of a license;
(2) Amend or surrender a license;
(3) Submit any reports or the results of any examination that the Commissioner may require;
(4) Pay any applicable fees; and
(5) Engage in any other activity that the Commissioner may require; and
(f) Authorizing the Registry to, on behalf of the Commissioner, collect fingerprints in order to receive or conduct a background check on the criminal history of an applicant for or holder of a license.
2. An applicant for or holder of a license shall, in addition to any other fees associated with the license, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.
3. The Commissioner may adopt any regulations the Commissioner determines to be necessary or appropriate to carry out the provisions of this section. Such regulations may, without limitation, establish additional procedures and requirements for participation in the Registry.
4. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.
(Added to NRS by 2021, 2054)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.460 - Submission and processing of fingerprints.

1. The Commissioner may require an applicant for or holder of a license to submit a complete set of his or her fingerprints when the Commissioner determines necessary.
2. The Commissioner may use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation, to the Central Repository for Nevada Records of Criminal History, to any federal or state law enforcement agency or to any other entity authorized to receive such information for the purpose of conducting a background check of the criminal history of an applicant for or holder of a license.
(Added to NRS by 2021, 2055)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.470 - Commissioner required to report certain information or material; confidentiality of information or material provided; Commissioner authorized to enter into certain agreements and arrangements.

1. Subject to any limitations or restrictions contained in federal or state law governing the privacy or confidentiality of records, the Commissioner shall report regularly any violations of applicable laws committed by applicants for or holders of a license, enforcement actions and other relevant information to the Registry.
2. The requirements under any federal or state law, including, without limitation, rules of a federal or state court, regarding the privacy and confidentiality of any information or material provided to the Registry and any privilege arising under federal or state law with respect to such information or material, continue to apply to such information or material after it has been disclosed to the Registry. Such information and material may be shared with federal and state regulatory officials with oversight authority over holders of licenses without the loss of privilege or the loss of confidentiality protections provided by federal or state law.
3. The Commissioner may enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the State Regulatory Registry, LLC, or other associations representing governmental agencies.
(Added to NRS by 2021, 2055)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.480 - Additional materials required to be submitted.

1. In addition to any other requirements set forth by specific statute, each applicant for the issuance of a license and each owner, officer, director and responsible person of the applicant, each person in control of the applicant and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Registry:
(a) A complete set of fingerprints for submission to the Federal Bureau of Investigation and any other governmental agency or entity authorized to receive such information for a state, national and international background check on the criminal history of the person;
(b) Information concerning the personal history, financial history and experience of the person in a form prescribed by the Registry, including, without limitation, an authorization of the person for the Registry and the Commissioner to obtain:
(1) An independent credit report and credit score from a consumer reporting agency described in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), for the purpose of evaluating the financial responsibility of the person at the time of the submission of the application; and
(2) Additional independent credit reports and credit scores to confirm that the applicant continues to comply with any applicable requirements concerning financial responsibility;
(c) Information related to any administrative, civil or criminal findings made by any governmental jurisdiction concerning the person; and
(d) Any other information concerning the person that the Registry or Commissioner may require.
2. As used in this section:
(a) "Control" has the meaning ascribed to it in NRS 682A.047.
(b) "Responsible person" means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.
(Added to NRS by 2021, 2055)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.490 - Licensee required to register and maintain unique identifier; Commissioner authorized to issue license through Registry; references to Commissioner deemed references to Registry.

1. Each holder of a license shall register with and maintain a valid unique identifier with the Registry.
2. The Commissioner may issue a license through the Registry.
3. To the extent that the Commissioner has delegated to the Registry any of his or her duties with respect to the issuance and renewal of licenses as authorized by this chapter, any reference to the Commissioner in this chapter shall be deemed to be a reference to the Registry.
4. As used in this section, "unique identifier" means a number or other identifier assigned by the protocols established by the Registry.
(Added to NRS by 2021, 2056)