reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.170 - Application for certificate or license: Form and contents.

An application for a certificate or license must be in writing upon a form prepared and furnished by the Division. The application must include the following information:
1. The name, age and address of the applicant.
2. The place or places, including the street number, city and county, at which the applicant intends to maintain an office to conduct business as an inspector or energy auditor.
3. The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.
4. The applicant’s education and experience to qualify for a certificate or license.
5. Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to:
(a) A felony and, if so, the nature of the felony.
(b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.
6. If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.
7. Any other information relating to the qualifications or background of the applicant that the Division requires.
8. All other information required to complete the application.
(Added to NRS by 1997, 1794; A 1999, 1220; 2005, 2789, 2808; 2007, 1478; 2011, 1950)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.180 - Submission of fees and fingerprints with application; investigation of applicant’s background.

1. Each application for a certificate or license must be accompanied by the fee for the certificate or license and the fee to pay the costs of an investigation of the applicant’s background.
2. Each applicant must, as part of the application and at his or her own expense:
(a) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and
(b) Submit to the Division:
(1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary; or
(2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.
3. The Division may:
(a) Require more than one complete set of fingerprints;
(b) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and
(c) Request from each such agency any information regarding the applicant’s background that the Division deems necessary.
(Added to NRS by 1997, 1794; A 2003, 1300, 2864; 2005, 1296; 2011, 1951)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.190 - Submission of proof of insurance with application; maintenance of policy of insurance.

1. The Administrator shall require each applicant for an original certificate or license and each applicant for renewal of a certificate or license to submit proof that the applicant or his or her employer holds a policy of insurance covering:
(a) Liability for errors or omissions in an amount of not less than $100,000; and
(b) General liability in an amount of not less than $100,000.
2. Each certified inspector, energy auditor or his or her employer shall maintain a policy of insurance that complies with the requirements of subsection 1.
(Added to NRS by 1997, 1795; A 2011, 1951)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.200 - Qualifications for issuance and grounds for denial of certificate.

1. The Administrator shall issue a certificate to any person who:
(a) Is of good moral character, honesty and integrity;
(b) Has the education and experience prescribed in the regulations adopted pursuant to NRS 645D.120;
(c) Has submitted proof that the person or his or her employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190; and
(d) Has submitted all information required to complete an application for a certificate.
2. The Administrator may deny an application for a certificate to any person who:
(a) Has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;
(b) Makes a false statement of a material fact on the application;
(c) Has had a certificate suspended or revoked pursuant to this chapter within the 10 years immediately preceding the date of application; or
(d) Has not submitted proof that the person or his or her employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190.
(Added to NRS by 1997, 1795; A 1999, 1220; 2005, 2790, 2808; 2007, 1478)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.210 - Notification of denial of application; leave to file another application; procedure for appeal of denial.

1. If an application for a certificate or license is denied:
(a) The Division shall notify the applicant within 15 days after its decision; and
(b) The applicant may not reapply until he or she petitions the Division for leave to file another application. The Division may grant or deny that leave in its sole discretion.
2. If the applicant, within 30 days after receipt of the notice denying the application, files a written request containing allegations that, if true, qualify the applicant for a certificate or license, the Administrator shall set the matter for a hearing before a hearing officer of the Division to be conducted within 60 days after receipt of the applicant’s request. The decision of the hearing officer is a final decision for the purposes of judicial review.
(Added to NRS by 1997, 1795; A 2011, 1952)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.220 - Invalidation and surrender of certificate or license issued in error; notice; request for hearing.

The Division, upon the discovery of an error in the issuance of a certificate or license that is related to the qualifications or fitness of the holder thereof, may invalidate the certificate or license upon written notice to the holder. The holder shall surrender the certificate or license to the Division within 20 days after the notice is sent by the Division. A person whose certificate or license is invalidated pursuant to this section, and who has surrendered his or her certificate or license, may request a hearing on the matter in the same manner as for the denial of an application pursuant to NRS 645D.210.
(Added to NRS by 1997, 1795; A 2011, 1952)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.230 - Form, size and contents of certificate or license; expiration and renewal; additional fee for electronic renewal.

1. The Division shall issue a certificate or license to each eligible person in the form and size prescribed by the Division. A certificate or license must:
(a) Indicate the name and address of the inspector or energy auditor and the location of each place where he or she transacts business as an inspector or energy auditor; and
(b) Contain any additional matter prescribed by the Division.
2. A certificate is valid for 2 years after the first day of the first calendar month immediately following the date it is issued.
3. A license is valid for 1 year after the first day of the first calendar month immediately following the date it is issued.
4. If an inspector or energy auditor fails to apply for the renewal of his or her certificate or license and pay the fee for renewal before the certificate or license expires, and applies for renewal:
(a) Not later than 1 year after the date of expiration, he or she must pay a fee equal to 150 percent of the amount otherwise required for renewal.
(b) Later than 1 year after the date of expiration, he or she must apply in the same manner as for an original certificate or license.
5. The Division may:
(a) Create and maintain a secure website on the Internet through which each certificate or license issued pursuant to the provisions of this chapter may be renewed; and
(b) For each certificate or license renewed through the use of a website created and maintained pursuant to paragraph (a), 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 1997, 1796; A 2007, 585; 2011, 1953)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.235 - Requirement to report conviction to Division.

1. A certified inspector or energy auditor 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 offense involving moral turpitude.
2. A certified inspector or energy auditor 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 certificate or license issued pursuant to this chapter.
(Added to NRS by 2007, 1546; A 2011, 1953)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.240 - Fees; regulations.

1. The following fees must be charged and collected by the Division:
For each application for a certificate or license.............................................. $100
For the issuance or renewal of a certificate or license..................................... 250
For each penalty for a late renewal of a certificate or license........................ 125
For each change of name, address or association................................................ 20
For each duplicate certificate or license where the original is lost or destroyed and an affidavit is made thereof............................................................................................................................... 20
For each reinstatement to active status of an inactive certificate or license... 20
For each annual approval of a course of instruction offered in preparation for an original certificate or license 100
For each original accreditation of a course of continuing education............. 100
For each renewal of accreditation of a course of continuing education.......... 50
2. In addition to the fees imposed by subsection 1, each applicant for the issuance or renewal of a certificate or license issued pursuant to this chapter must pay to the Division a technology fee of $15.
3. The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:
(a) Any examination for a certificate or license, including any costs which are necessary for the administration of such an examination.
(b) Any investigation of a person’s background.
(Added to NRS by 1997, 1796; A 2003, 1300; 2011, 1953; 2021, 3538)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.690 - Investigations, disciplinary and other proceedings, fines and penalties not affected by expiration, revocation or voluntary surrender of certificate or license.

The expiration or revocation of a certificate or license by operation of law or by order or decision of a hearing officer or court of competent jurisdiction, or the voluntary surrender of a certificate or license by a certified inspector or energy auditor does not:
1. Prohibit the Division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the certified inspector or energy auditor as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the certified inspector or energy auditor.
(Added to NRS by 2001, 527; A 2011, 1954)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.700 - Grounds for disciplinary action; authorized disciplinary action; limitations on reissuance of certificate or license after revocation; orders imposing discipline deemed public records.

1. Grounds for disciplinary action against a certified inspector or energy auditor are:
(a) Unprofessional conduct;
(b) Professional incompetence; and
(c) A criminal conviction for a felony or any offense involving moral turpitude.
2. If grounds for disciplinary action against a certified inspector or energy auditor exist, the Division may, after providing the inspector or energy auditor with notice and an opportunity for a hearing, do one or more of the following:
(a) Revoke or suspend the certificate or license.
(b) Place conditions upon the certificate or license or upon the reissuance of a certificate or license revoked pursuant to this section.
(c) Deny the renewal of the certificate or license.
(d) Impose a fine of not more than $1,000 for each violation.
3. If a certificate or license is revoked by the Division, another certificate or license must not be issued to the same inspector or energy auditor for at least 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the Administrator, and then only if the inspector or energy auditor satisfies the requirements for an original certificate or license.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
(Added to NRS by 1997, 1796; A 2001, 527; 2003, 3472; 2011, 1954)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.703 - Disciplinary or other action for failure to pay money owed to Division.

In addition to any other remedy or penalty, the Administrator may:
1. Refuse to issue a certificate or license 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 certificate or license of a person who has failed to pay money which the person owes to the Division.
(Added to NRS by 2003, 1299; A 2011, 1955)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.705 - Suspension of certificate or license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate or license. [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.]

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 certified inspector or energy auditor, the Administrator shall deem the certificate or license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Administrator receives a letter issued to the certified inspector or energy auditor by the district attorney or other public agency pursuant to NRS 425.550 stating that the certified inspector or energy auditor has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Administrator shall reinstate a certificate or license 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 certificate or license was suspended stating that the person whose certificate or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1999, 1219; A 2005, 2808; 2011, 1955)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.710 - Unprofessional conduct of certified inspector.

A certified inspector is guilty of unprofessional conduct if the certified inspector:
1. Fails to disclose to any person with whom the certified inspector is dealing any material fact or other information he or she knows, or in the exercise of reasonable care and diligence should know, concerning any improvement he or she inspects, including any interest the certified inspector has in the improvement or the real estate to which it is affixed;
2. Knowingly communicates a false or fraudulent inspection report to any interested person or otherwise engages in any deceitful, fraudulent or dishonest conduct;
3. Before obtaining his or her certificate, engaged in any conduct of which the Division is not aware that would be a ground for the denial of a certificate;
4. Makes a false statement of material fact on his or her application for a certificate; or
5. Performs any repairs for compensation upon any improvement for which he or she has prepared an inspection report.
(Added to NRS by 1997, 1796)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.720 - Injunctive relief.

1. Whenever the Division believes from evidence satisfactory to it that any person has violated or is about to violate a provision of this chapter, or a provision of any regulation, ruling or decision of the Division, it may bring an action, in the name of the Division, in the district court of the State of Nevada in and for the county where the person resides or, if the person resides outside the State of Nevada, in any court of competent jurisdiction within or outside the State of Nevada, against the person to enjoin that person from engaging in or continuing the violation, or from doing any act or acts in furtherance of the violation.
2. If the action is brought in a district court of the State of Nevada, an order or judgment may be entered, if proper, awarding a temporary restraining order, preliminary injunction or final injunction. A preliminary injunction or temporary restraining order must not be granted without at least 5 days’ notice to the opposite party.
(Added to NRS by 1997, 1797)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.730 - Administrative fine for engaging in certain conduct without certificate, license or other authorization; procedure for imposition of fine; judicial review; exceptions.

1. In addition to any other remedy or penalty, the Administrator may impose an administrative fine against any person who knowingly:
(a) Engages or offers to engage in any activity for which a certificate or license or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required certificate or license or has not been given the required authorization; or
(b) Assists or offers to assist another person to commit a violation described in paragraph (a).
2. If the Administrator imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.
3. In determining the appropriate amount of the administrative fine, the Administrator shall consider:
(a) The severity of the violation and the degree of any harm that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Administrator deems to be relevant.
4. Before the Administrator may impose the administrative fine, the Administrator must provide the person with notice and an opportunity to be heard.
5. The person is entitled to judicial review of the decision of the Administrator in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:
(a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.
(Added to NRS by 2003, 1299; A 2011, 1955)
2023 Nevada Revised Statutes › Chapter 645D - Inspectors of Structures and Energy Auditors › NRS 645D.900 - Prohibited acts; penalties.

1. A person who obtains or attempts to obtain a certificate or license by means of intentional misrepresentation, deceit or fraud is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may impose a fine of not more than $10,000.
2. A person who:
(a) Holds himself or herself out as a certified inspector or energy auditor;
(b) Uses in connection with his or her name the words "licensed," "registered," "certified" or any other title, word, letter or other designation intended to imply or designate that he or she is a certified inspector or energy auditor; or
(c) Describes or refers to any inspection report or energy audit prepared by him or her as "certified" or "licensed" in this state, without first obtaining a certificate or license as provided in this chapter,
is guilty of a gross misdemeanor.
(Added to NRS by 1997, 1797; A 2011, 1956)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645F.020 to 645F.065, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 3537; A 2009, 2689; 2015, 2808)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.063 - "Mortgage servicer" defined.

"Mortgage servicer" means a person who directly services a mortgage loan, or who is responsible for interacting with a borrower, managing a loan account on a daily basis, including, without limitation, collecting and crediting periodic loan payments, managing any escrow account or enforcing the note and security instrument, either as the current owner of the promissory note or as the authorized agent of the current owner of the promissory note. The term includes a person providing such services by contract as a subservicing agent to a master servicer by contract. The term does not include a trustee under a deed of trust, or the trustee’s authorized agent, acting under a power of sale pursuant to a deed of trust.
(Added to NRS by 2015, 2806)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.090 - Inapplicability of chapter to participants in Regulatory Experimentation Program for Product Innovation; exception.

Except as otherwise required by the Director of the Department of Business and Industry pursuant to NRS 657A.430 or 657A.620, the provisions of this chapter do not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to chapter 657A of NRS.
(Added to NRS by 2019, 3996)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.150 - Commissioner: Qualifications; restrictions on other employment or offices.

The Commissioner:
1. Must be a person who has had practical experience in the financial services industry or the business of making loans secured by an interest in real property.
2. Except as otherwise provided in NRS 284.143, shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
(Added to NRS by 2003, 3537)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.160 - Commissioner: Prohibition on having interest in regulated entity or engaging in business as personal loan broker.

The Commissioner shall not, either directly or indirectly, be interested in any mortgage servicer, escrow agency or mortgage company to which this chapter and chapters 645A and 645B of NRS apply, nor engage in business as a personal loan broker.
(Added to NRS by 2003, 3538; A 2015, 2808; 2017, 3080)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.180 - Appointment of deputy commissioners and other employees; use of certified public accountant for audits and examinations; assessments paid by regulated entities for audits and examinations.

1. The Commissioner may appoint deputy commissioners of mortgage lending, examiners, assistants, clerks, stenographers and other employees necessary to assist the Commissioner in the performance of his or her duties pursuant to this chapter, chapters 645A and 645B of NRS or any other law. These employees shall perform such duties as are assigned to them by the Commissioner.
2. The Commissioner may employ or contract with a certified public accountant to review and conduct independent audits and examinations of escrow agencies, mortgage companies and mortgage servicers. The Commissioner shall levy an assessment upon each licensed escrow agency, mortgage company and mortgage servicer to cover all the costs related to the employment of or the contract with the certified public accountant and the performance of the audits and examinations.
3. Assessments collected by the Commissioner pursuant to subsection 2 must be deposited in the State Treasury for deposit to the Account for Mortgage Lending created by NRS 645F.270 and accounted for separately. The Commissioner shall use the money for the purposes specified in subsection 2.
(Added to NRS by 2003, 3538; A 2015, 2808; 2017, 3081)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.250 - Commissioner and Division required to administer chapters governing mortgage lending and related professions.

The Commissioner and the Division shall administer the provisions of this chapter and chapters 645A and 645B of NRS, subject to administrative supervision by the Director of the Department of Business and Industry.
(Added to NRS by 2003, 3537; A 2017, 3081)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.260 - State Board of Finance required to act in advisory capacity.

The State Board of Finance shall act in an advisory capacity to the Division in the administration of this chapter and chapters 645A and 645B of NRS.
(Added to NRS by 2003, 3538; A 2017, 3081)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.267 - Certain persons not required to register or renew with or provide reports of financial condition to Registry; certain persons required to comply with Secure and Fair Enforcement for Mortgage Licensing Act of 2008.

1. A mortgage loan originator, mortgage company or mortgage servicer or an employee of a mortgage company or mortgage servicer is not required to register or renew with the Registry, or provide reports of financial condition to the Registry, if the mortgage loan originator, mortgage company or mortgage servicer or employee:
(a) Is not a residential mortgage loan originator or the supervisor of a residential mortgage loan originator; and
(b) Is not required to register pursuant to the provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.
2. A mortgage loan originator, mortgage company or mortgage servicer or an employee of a mortgage company or mortgage servicer who, pursuant to subsection 1, is not required to register or renew with the Registry and who voluntarily registers or renews with the Registry shall comply with all requirements of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, and any regulations adopted pursuant thereto.
3. As used in this section, "residential mortgage loan originator" has the meaning ascribed to it in NRS 645B.01325.
(Added to NRS by 2011, 1394; A 2015, 2809; 2017, 3081)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.270 - Account for Mortgage Lending: Creation; use; no reversion to State General Fund; administration; interest and income; payment of claims.

1. The Account for Mortgage Lending is hereby created in the State General Fund.
2. Except as otherwise provided by law, any money collected by the Commissioner or Division pursuant to law:
(a) Must be deposited in the Account for Mortgage Lending; and
(b) May only be used to:
(1) Carry out the programs and laws administered by the Commissioner and the Division; and
(2) Pay the expenses related to the operations of the Commissioner and the Division.
3. Except as otherwise provided by law, any money that remains in the Account for Mortgage Lending at the end of the fiscal year does not revert to the State General Fund, and the balance of the Account for Mortgage Lending must be carried forward to the next fiscal year.
4. The Commissioner shall administer the Account for Mortgage Lending. Any interest or income earned on the money in the Account must be credited to the Account after deducting any applicable charges. Any claims against the Account must be paid as other claims against the State are paid.
(Added to NRS by 2003, 3539; A 2011, 451)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.275 - Adoption of regulations establishing minimum net worth or surety bonding requirements for loans by residential mortgage loan originators, percentage of fees from licensing to be deposited in mortgage recovery fund and methods to make claim against fund.

The Commissioner shall adopt regulations:
1. Establishing minimum net worth or surety bonding requirements that reflect the dollar amount of loans originated by a residential mortgage loan originator, as defined in NRS 645B.01325; or
2. Requiring a percentage of the fees collected for the issuance or renewal of a license pursuant to chapter 645B of NRS to be deposited in a mortgage recovery fund, and setting forth the methods by which a person may make a claim against and be paid from the fund.
(Added to NRS by 2009, 2688; A 2017, 3082)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.277 - Adoption of regulations establishing guidelines and limitations for servicing or arranging certain loans.

The Commissioner shall adopt regulations establishing guidelines and limitations for the servicing or arranging of loans of which an investor has ownership or in which an investor has a beneficial interest.
(Added to NRS by 2009, 1559)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.280 - Adoption of regulations establishing rates paid by persons licensed by Commissioner for supervision and examination by Commissioner or Division.

1. The Commissioner shall establish by regulation rates to be paid by all persons licensed by the Commissioner for supervision and examinations by the Commissioner or the Division.
2. In establishing a rate for examinations pursuant to subsection 1, the Commissioner shall consider:
(a) The complexity of the various examinations to which the rate applies;
(b) The skill required to conduct the examinations;
(c) The expenses associated with conducting the examination and preparing a report; and
(d) Any other factors the Commissioner deems relevant.
(Added to NRS by 2003, 3538; A 2009, 1459; 2011, 3637; 2015, 2809)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.290 - Assessments paid by persons licensed by Commissioner or Division for legal services provided by Attorney General to Commissioner and Division.

1. The Commissioner shall collect an assessment pursuant to this section from each person licensed by the Commissioner or the Division.
2. The Commissioner shall determine the total amount of all assessments to be collected from the persons identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from a person for the recovery of the costs of legal services provided by the Attorney General in a specific case.
3. The Commissioner shall collect from each person identified in subsection 1 an assessment that is based on:
(a) An equal basis; or
(b) Any other reasonable basis adopted by the Commissioner.
4. The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by a person identified in subsection 1.
5. Money collected by the Commissioner pursuant to this section must be deposited in the Account for Mortgage Lending created by NRS 645F.270.
(Added to NRS by 2003, 3538; A 2003, 20th Special Session, 258; 2009, 1459, 2689; 2011, 3637)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.291 - Subpoenas; oaths; examination of witnesses; penalty; assessment of costs.

1. In the conduct of any examination, periodic or special audit, investigation or hearing, the Commissioner may:
(a) Compel the attendance of any person by subpoena.
(b) Compel the production of any books, records or papers by subpoena.
(c) Administer oaths.
(d) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter and in connection therewith require the production of any books, records or papers relevant to the inquiry.
2. Any person subpoenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpoena or to produce books, records or papers required by the Commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.
3. In addition to the authority to recover attorney’s fees and costs pursuant to any other statute, the Commissioner may assess against and collect from a person all costs, including, without limitation, reasonable attorney’s fees, that are attributable to any examination, periodic or special audit, investigation or hearing that is conducted to examine or investigate the conduct, activities or business of the person pursuant to this chapter.
(Added to NRS by 2009, 1458; A 2011, 3638)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.292 - Secure and Fair Enforcement for Mortgage Licensing Act of 2008: Adoption of regulations to comply with requirements.

The Commissioner shall adopt such regulations as necessary to comply with the requirements of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.
(Added to NRS by 2009, 2688)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.293 - Secure and Fair Enforcement for Mortgage Licensing Act of 2008: Adoption of regulations to carry out provisions.

1. The Commissioner shall adopt regulations to carry out the provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.
2. The regulations must include, without limitation:
(a) A method by which to allow for reporting regularly violations of the relevant provisions of chapter 645B of NRS, enforcement actions and other relevant information to the Registry; and
(b) A process whereby a person may challenge information reported to the Registry by the Commissioner.
3. The regulations must not require a mortgage loan originator, mortgage company or mortgage servicer or an employee of a mortgage company or mortgage servicer to register with the Registry if the mortgage loan originator, mortgage company, mortgage servicer or employee is exempt from registration pursuant to subsection 1 of NRS 645F.267.
(Added to NRS by 2009, 2689; A 2011, 1394; 2015, 2809; 2017, 3082)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.294 - Confidentiality and privilege of information and material provided to Registry: Generally; exception.

1. Except as otherwise provided in section 1512 of Public Law 110-289, 12 U.S.C. § 5111, the requirements under any federal law or NRS 645B.060 and 645B.092 regarding the confidentiality of any information or material provided to the Registry, and any privilege arising under federal law or the laws of this State 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 mortgage industry oversight without the loss of privilege or the loss of confidentiality protections provided by federal law or the provisions of NRS 645B.060 and 645B.092.
2. Information or material that is subject to a privilege or confidentiality under subsection 1 is not subject to:
(a) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or agency of the Federal Government or the State of Nevada; and
(b) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Registry with respect to such information or material, the person to whom such information or material waives, in whole or in part, that privilege.
3. This section does not apply to information or material relating to:
(a) The employment history of; and
(b) Publicly adjudicated disciplinary and enforcement actions against,
residential mortgage loan originators included in the Registry for access by the public.
(Added to NRS by 2009, 2689; A 2011, 3638)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.295 - Confidentiality and privilege of information and material provided to Registry: Commissioner authorized to enter into agreements with other entities.

For the purpose of carrying out the provisions of NRS 645F.294, the Commissioner may by regulation or order enter into agreements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators or other associations representing governmental agencies.
(Added to NRS by 2009, 2689)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.296 - Certain residential mortgage loan originators required to obtain and maintain license as mortgage loan originator.

1. Any person authorized to engage in activities as a residential mortgage loan originator on behalf of an installment loan lender licensed under chapter 675 of NRS shall obtain and maintain a license as a mortgage loan originator.
2. As used in this section:
(a) "Mortgage loan originator" has the meaning ascribed to in NRS 645B.0125; and
(b) "Residential mortgage loan originator" has the meaning ascribed to it in NRS 645B.01325.
(Added to NRS by 2011, 3637; A 2017, 3082)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.300 - Definitions.

As used in NRS 645F.300 to 645F.450, inclusive, unless the context otherwise requires, the words and terms defined in NRS 645F.310 to 645F.370, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 2854; A 2009, 1460; 2011, 1577, 3639)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.310 - "Covered service" defined.

"Covered service" includes, without limitation:
1. Financial counseling to a homeowner, including, without limitation, debt counseling and budget counseling.
2. Receiving money for the purpose of distributing it to creditors in payment or partial payment of any obligation secured by a mortgage or other lien on a residence in foreclosure.
3. Contacting a creditor on behalf of a homeowner.
4. Arranging or attempting to arrange for an extension of the period within which a homeowner may cure a default and reinstate an obligation pursuant to a note, mortgage or deed of trust.
5. Arranging or attempting to arrange for any delay or postponement of the time of a foreclosure sale of a residence in foreclosure.
6. Advising a homeowner regarding the filing of any document or assisting in any manner in the preparation of any document for filing with a bankruptcy court.
7. Giving any advice, explanation or instruction to a homeowner which in any manner relates to the cure of a default in or the reinstatement of an obligation secured by a mortgage or other lien on a residence, the full satisfaction of the obligation, or the postponement or avoidance of a foreclosure sale.
8. Arranging or conducting, or attempting to arrange or conduct, for a homeowner any forensic loan audit or review or other audit or review of loan documents.
9. Arranging or attempting to arrange for a homeowner the purchase by a third party of the homeowner’s mortgage loan.
10. Arranging or attempting to arrange for a homeowner a reduction of the principal of the homeowner’s mortgage loan when such a mortgage loan is held by or serviced by a third party.
11. Providing the services of a loan modification consultant.
12. Providing the services of a foreclosure consultant.
(Added to NRS by 2007, 2854; A 2011, 3639)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.320 - "Foreclosure consultant" defined.

"Foreclosure consultant" means a person who, directly or indirectly, makes any solicitation, representation or offer to a homeowner to perform for compensation, or who, for compensation, performs any covered service that the person represents will do any of the following:
1. Prevent or postpone a foreclosure sale;
2. Obtain any forbearance from any mortgagee or beneficiary of a deed of trust;
3. Assist the homeowner to exercise the right of reinstatement provided in the legal documents;
4. Obtain any extension of the period within which the homeowner may reinstate the homeowner’s obligation;
5. Obtain any waiver of an acceleration clause contained in any promissory note or contract secured by a mortgage on a residence in foreclosure or included in the mortgage or deed of trust;
6. Assist the homeowner in foreclosure or loan default to obtain a loan or advance of money;
7. Avoid or ameliorate the impairment of the homeowner’s credit resulting from the recording of a notice of default or the conduct of a foreclosure sale;
8. Save the homeowner’s residence from foreclosure; or
9. Assist the homeowner to obtain a foreclosure reconveyance.
(Added to NRS by 2007, 2854)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.330 - "Foreclosure purchaser" defined.

"Foreclosure purchaser" means a person who, in the course of his or her business, vocation or occupation, acquires or attempts to acquire title to a residence in foreclosure from a homeowner.
(Added to NRS by 2007, 2855)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.340 - "Foreclosure reconveyance" defined.

1. "Foreclosure reconveyance" means a transaction that involves:
(a) The transfer of title to a residence in foreclosure by a homeowner during a foreclosure proceeding by:
(1) The transfer of an interest in the residence in foreclosure from the homeowner; or
(2) The creation of a mortgage or other lien during the foreclosure process that allows the acquirer to obtain title to the residence in foreclosure by redeeming the property as a junior lien holder; and
(b) The subsequent conveyance, or promise of a subsequent conveyance, of an interest in the residence to the former homeowner by the acquirer, or a person acting in concert with the acquirer, that allows the former homeowner to remain in possession of the residence following the completion of the foreclosure proceeding.
2. As used in this section, "interest in the residence" includes, without limitation, an interest in a contract for a deed, a purchase agreement, and an option to purchase or lease.
(Added to NRS by 2007, 2855)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.350 - "Foreclosure sale" defined.

"Foreclosure sale" means the sale of real property to enforce an obligation secured by a mortgage or lien on the property, including the exercise of a trustee’s power of sale pursuant to NRS 107.080.
(Added to NRS by 2007, 2855)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.360 - "Homeowner" defined.

"Homeowner" means the record owner of a residence, including, without limitation, the record owner of a residence in foreclosure at the time the notice of the pendency of an action for foreclosure is recorded pursuant to NRS 14.010 or the notice of default and election to sell is recorded pursuant to NRS 107.080.
(Added to NRS by 2007, 2855; A 2009, 1460)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.365 - "Loan modification consultant" defined.

"Loan modification consultant" means a person who, directly or indirectly, makes any solicitation, representation or offer to a homeowner to perform for compensation, or who, for compensation, performs any act that the person represents will adjust the terms of a mortgage loan in a manner not provided for in the original or previously modified mortgage loan. Such an adjustment includes, without limitation:
1. A change in the payment amount;
2. A change in the loan amount;
3. A loan forbearance;
4. A change in the loan maturity; and
5. A change in the interest rate.
(Added to NRS by 2009, 1457)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.367 - "Residence" defined.

"Residence" means a structure that contains not more than four individual units designed or intended for occupancy regardless of whether such a structure is attached to real property. The term includes an individual condominium unit, cooperative unit, mobile home or trailer used for occupancy.
(Added to NRS by 2011, 3637)
2023 Nevada Revised Statutes › Chapter 645F - Mortgage Lending and Related Professions › NRS 645F.370 - "Residence in foreclosure" defined.

"Residence in foreclosure" means residential real property consisting of not more than four family dwelling units and against which there is an outstanding notice of the pendency of an action for foreclosure recorded pursuant to NRS 14.010 or notice of default and election to sell recorded pursuant to NRS 107.080.
(Added to NRS by 2007, 2855; A 2011, 3639)