reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › REGULATION OF PROPERTY MANAGERS › Section 645.802 - Permit to engage in property management: Requirements and fee for renewal; effective date of renewal; date of expiration

Current through June 11, 2024
1. The Division
			 may renew a permit to engage in property management if the holder of the permit
			 submits to the Division:
(a) A request for the
			 renewal of the permit with the holder's application to renew his or her license
			 as a real estate broker, real estate broker-salesperson or real estate
			 salesperson;
(b) A renewal fee of
			 $40; and
(c) Documentation of his
			 or her successful completion of 9 hours of instruction in property
			 management.
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › REGULATION OF PROPERTY MANAGERS › Section 645.804 - Approval of courses for educational requirements

Current through June 11, 2024
1. For an
			 applicant to receive credit for a course of instruction in property management
			 that is designed to fulfill the educational requirements for the issuance of a
			 permit which are described in paragraph (a) of subsection 2 of
			 NRS
			 645.6052, the course must be approved by the
			 Division, on behalf of the Commission.
2. An educational institution that wishes to
			 obtain approval to offer courses that meet the educational requirements for the
			 issuance or renewal of a permit to engage in property management must apply to
			 the Division pursuant to the applicable procedures set forth in NAC
			 645.400 to
			 645.467, inclusive.
Added to NAC by Real Estate Comm'n
			 by R059-98, eff. 7-1-98; A by R031-04, 11-30-2004; A by
			 R060-20A,
			 eff. 12/29/2020
NRS
			 645.190 and
			 645.6052
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › REGULATION OF PROPERTY MANAGERS › Section 645.805 - Termination of association of person designated to apply on behalf of certain organizations

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 4, if a person to whom a permit is issued
			 pursuant to
			 NRS
			 645.6054 ceases to be connected or associated
			 with the partnership, corporation, limited-liability company or sole proprietor
			 for whom the person is acting as a property manager, the partnership,
			 corporation, limited-liability company or sole proprietor shall not engage in
			 the business of property management unless, not later than 30 days after that
			 person ceases to be connected or associated with the partnership, corporation,
			 limited-liability company or sole proprietor, the partnership, corporation,
			 limited-liability company or sole proprietor designates another person to hold
			 the permit on behalf of the partnership, corporation, limited-liability company
			 or sole proprietor pursuant to the requirements set forth in subsection 3 of
			 NRS
			 645.6054.
2. The real estate broker of a partnership,
			 corporation, limited-liability company or sole proprietorship who is required
			 pursuant to
			 NRS
			 645.310 to maintain a trust account for money
			 received for property management shall:
(a)
			 Request a statement from the bank in which the trust account is being held not
			 later than 5 days after the date that the designated property manager ceases to
			 be connected or associated with the partnership, corporation, limited-liability
			 company or sole proprietor; and
(b)
			 Submit to the Division, on a form provided by the Division, a reconciliation of
			 the trust account for the 30 days immediately preceding the date that the
			 designated property manager ceases to be connected or associated with the
			 partnership, corporation, limited-liability company or sole
			 proprietor.
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › REGULATION OF PROPERTY MANAGERS › Section 645.806 - Trust accounts: Annual accounting required; maintenance of records

Current through June 11, 2024
1. A real estate
			 broker who receives money, including, without limitation, rent, a security
			 deposit, a down payment, an advance fee or earnest money deposit, or whose
			 agent or property manager receives such money, shall provide to the Division,
			 on a form provided by the Division, an accounting as required by subsection 5
			 of
			 NRS
			 645.310 which shows a reconciliation of each
			 trust account that he or she maintains.
2. The reconciliation required pursuant to
			 subsection 1 must be submitted to the Division annually by the expiration date
			 of the license of the real estate broker. The reconciliation must include the
			 calendar month immediately preceding the calendar month of the expiration date
			 of his or her license as a real estate broker.
3. If a real estate broker is not required to
			 provide a reconciliation to the Division pursuant to subsection 1, the broker
			 shall provide to the Division, on a form prescribed by the Division, a
			 declaration to inform the Division that the broker is not required to provide a
			 reconciliation of trust accounts. The declaration form must be submitted to the
			 Division annually by the expiration date of the license of the
			 broker.
4. A broker who engages in
			 property management or who associates with a property manager who engages in
			 property management shall maintain complete accounting records of each trust
			 account related to property management that he or she maintains for at least 5
			 years after the last activity by the broker which involved the trust account.
			 If the records are maintained by computer, the broker shall maintain an
			 additional copy of the records on computer disc for at least 5 years after the
			 last activity by the broker which involved the trust account.
5. A broker who violates the provisions of
			 subsection 2 or 3 is subject to an administrative fine pursuant to subsection 1
			 of NAC 645.695.
Added to NAC by Real Estate Comm'n
			 by R059-98, eff. 7-1-98; A by R092-00, 8-29-2000; A by
			 R097-14,
			 eff. 4/4/2016
NRS
			 645.050,
			 645.190,
			 645.310
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › REGULATION OF PROPERTY MANAGERS › Section 645.807 - Trust accounts: Execution of checks by certain broker-salespersons

Current through June 11, 2024
A real
			 estate broker-salesperson who holds a permit to engage in property management
			 may sign checks on a trust account without the signature of the real estate
			 broker who employs him or her if the broker-salesperson has obtained the
			 written permission of the broker authorizing him or her to do so. A signature
			 applied by use of a rubber stamp does not constitute the signature of a real
			 estate broker-salesperson for the purposes of this section.
Added to NAC by Real Estate Comm'n
			 by R059-98, eff. 7-1-98; A by R031-04, 11-30-2004
NRS
			 645.050,
			 645.190
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.810 - Procedure at hearing; receipt of evidence; date of decision

Current through June 11, 2024
1. The presiding officer of a hearing shall:
(a) Ascertain whether all persons commanded
			 to appear under subpoena are present and whether all documents, books, records
			 and other evidence under subpoena are present in the hearing room.
(b) Administer the oath to the reporter as
			 follows:
Do you solemnly swear or affirm that you will report this hearing
			 to the best of your stenographic ability?
(c) Administer the oath to all persons whose
			 testimony will be taken:
Do you and each of you solemnly swear or affirm
			 to tell the truth and nothing but the truth in these proceedings?
(d) Ascertain whether either party
			 wishes to have a witness excluded from the hearing except during the testimony
			 of the witness. A witness may be excluded upon the motion of the Commission or
			 upon the motion of either party. If a witness is excluded, the witness will be
			 instructed not to discuss the case during the pendency of the proceeding. The
			 respondent will be allowed to remain present at the hearing. The Division may
			 designate a person who is a member of the staff of the Division and who may
			 also be a witness to act as its representative. Such a representative will be
			 allowed to remain present at the hearing.
(e) Ascertain whether a copy of the complaint
			 or decision to deny has been filed and whether an answer has been filed as part
			 of the record in the proceedings.
(f) Hear any preliminary motions,
			 stipulations or orders upon which the parties agree and address any
			 administrative details.
(g) Have
			 the discretion to limit the opening and closing statements of the
			 parties.
(h) Request the Division
			 to proceed with the presentation of its case.
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.820 - Procedures for rehearing

Current through June 11, 2024
The following procedures are used for a
			 rehearing in a case where a ruling or decision of the Commission is against the
			 licensee:
1. The licensee may within
			 10 days after his or her receipt of the decision petition the Commission for a
			 rehearing.
2. The petition does not
			 stay any decision of the Commission unless the Commission so orders.
3. The petition must state with particularity
			 the point of law or fact which in the opinion of the licensee the Commission
			 has overlooked or misconstrued and must contain every argument in support of
			 the application that the licensee desires to present.
4. Oral argument in support of the petition
			 is not permitted.
5. The Division
			 may file and serve an answer to a petition for a rehearing within 10 days after
			 it has received service of the petition.
6. If a petition for rehearing is filed and
			 the Commission is not scheduled to meet before the effective date of the
			 penalty, the Division may stay enforcement of the decision appealed from. When
			 determining whether a stay is to be granted, the Division shall determine
			 whether the petition was timely filed and whether it alleges a cause or ground
			 which may entitle the licensee to a rehearing.
7. A rehearing may be granted by the
			 Commission for any of the following causes or grounds:
(a) Irregularity in the proceedings in the
			 original hearing;
(b) Accident or
			 surprise which ordinary prudence could not have guarded against;
(c) Newly discovered evidence of a material
			 nature which the applicant could not with reasonable diligence have discovered
			 and produced at the original hearing; or
(d) Error in law occurring at the hearing and
			 objected to by the applicant during the earlier hearing.
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.830 - Procedures for obtaining and granting continuances

Current through June 11, 2024
The procedures for obtaining and
			 granting continuances of Commission hearings are as follows:
1. The time of the hearing may be continued
			 by the Commission upon the written petition of the licensee or upon the written
			 petition of the Division for good cause shown, or by stipulation of the parties
			 to the hearing.
2. A continuance
			 will not be granted unless it is made in good faith and not merely for
			 delay.
3. A request for a
			 continuance made before the hearing must be served upon the Commission as set
			 forth in subsection 4 of
			 NRS
			 645.050. If the Secretary of the Commission
			 is not available to review and rule upon the continuance before the hearing,
			 the continuance must be reviewed and ruled upon by the:
(a) President of the Commission; or
(b) If the President is unavailable, the Vice
			 President of the Commission.
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.835 - Amendment or withdrawal of complaint

Current through June 11, 2024
1. A complaint may
			 be amended at any time.
2. The
			 Commission will grant a continuance if the amendment materially alters the
			 complaint or a respondent demonstrates an inability to prepare for the case in
			 a timely manner.
3. A complaint may
			 be withdrawn at any time before the hearing begins.
Added to NAC by Real Estate Comm'n
			 by R031-04, eff. 11-30-2004
NRS
			 645.190
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.840 - Motions

Current through June 11, 2024
1. All motions, unless made during a hearing,
			 must be in writing.
2. A written
			 motion must be served on the opposing party and the Commission at least 10
			 working days before the time set for the hearing on the motion.
3. An opposing party may file a written
			 response to a motion within 7 working days after the receipt of the motion by
			 serving the written response on all parties and the Commission, except that a
			 written response may be filed less than 3 working days before the time set for
			 the hearing on the motion only with the permission of the Commission upon good
			 cause shown.
4. The Commission may
			 require oral argument or the submission of additional information or evidence
			 to decide the motion.
Added to NAC by Real Estate Comm'n
			 by R031-04, eff. 11-30-2004
NRS
			 645.190
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.845 - Rules of evidence; informality of proceedings

Current through June 11, 2024
1. In
			 conducting any investigation, inquiry or hearing, the Commission, its officers
			 and the employees of the Division are not bound by the technical rules of
			 evidence, and any informality in a proceeding or in the manner of taking
			 testimony does not invalidate any order, decision, rule or regulation made,
			 approved or confirmed by the Commission. The rules of evidence of courts of
			 this State will be followed generally but may be relaxed at the discretion of
			 the Commission if deviation from the technical rules of evidence will aid in
			 determining the facts.
2. Any
			 evidence offered at a hearing must be material and relevant to the issues of
			 the hearing.
3. The Commission may
			 exclude inadmissible, incompetent, repetitious or irrelevant evidence or order
			 that presentation of that evidence be discontinued.
4. A party who objects to the introduction of
			 evidence shall briefly state the grounds of the objection at the time the
			 evidence is offered. The party who offers the evidence may present a rebuttal
			 argument to the objection.
5. If an
			 objection is made to the admissibility of evidence, the Commission may:
(a) Note the objection and admit the
			 evidence;
(b) Sustain the objection
			 and refuse to admit the evidence; or
(c) Receive the evidence subject to a
			 subsequent ruling by the Commission.
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.850 - Submission or exclusion of documentary evidence of respondent

Current through June 11, 2024
1. Not less than 5 working days before a
			 hearing before the Commission, the respondent must provide to the Division a
			 copy of all documents that are reasonably available to the respondent which the
			 respondent reasonably anticipates will be used in support of his or her
			 position. The respondent shall promptly supplement and update any such
			 documents.
2. The respondent shall
			 provide, at the time of the hearing, 10 copies of each document he or she
			 wishes to have admitted into evidence at the hearing.
3. If the respondent fails to provide any
			 document required to be provided by the provisions of this section, the
			 Commission may exclude the document.
Added to NAC by Real Estate Comm'n
			 by R031-04, eff. 11-30-2004
NRS
			 645.190
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.855 - Attendance of certain brokers required at disciplinary hearing

Current through June 11, 2024
If a person licensed as a real estate
			 salesperson or real estate broker-salesperson is accused of violating any
			 provision of this chapter or chapter 645 of NRS, the broker of record with whom
			 the person licensed as a real estate salesperson or real estate
			 broker-salesperson was associated at the time of the alleged violation and the
			 broker with whom the person licensed as a real estate salesperson or real
			 estate broker-salesperson is currently associated shall attend any disciplinary
			 hearing before the Commission concerning that licensee.
Added to NAC by Real Estate Comm'n
			 by R031-04, eff. 11-30-2004; A by R123-06,
			 6-1-2006
NRS
			 645.190
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.860 - Failure of party to appear at hearing

Current through June 11, 2024
If a party fails to appear at a hearing
			 scheduled by the Commission and a continuance has not been requested or
			 granted, upon an offer of proof by the Division that the absent party was given
			 proper notice and upon a determination by the Commission that proper notice was
			 given, the Commission may proceed to consider the case without the
			 participation of the absent party and may dispose of the matter on the basis of
			 the evidence before it. If the respondent fails to appear at the hearing or
			 fails to reply to the notice, the charges specified in the complaint may be
			 considered as true.
Added to NAC by Real Estate Comm'n
			 by R031-04, eff. 11-30-2004
NRS
			 645.190
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.865 - Voluntary surrender of license, permit, registration or certificate

Current through June 11, 2024
The Commission may accept the voluntary
			 surrender of a license, permit, registration or certificate in lieu of imposing
			 any other disciplinary action set forth in chapter 645 of NRS.
Added to NAC by Real Estate Comm'n
			 by R031-04, eff. 11-30-2004
NRS
			 645.190
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.870 - Reporting of disciplinary action or denial of application

Current through June 11, 2024
The Commission may report any
			 disciplinary action it takes against a licensee or any denial of an application
			 for a license to:
1. Any national
			 repository which records disciplinary actions taken against
			 licensees;
2. Any agency of another
			 state which regulates the practice of real estate; and
3. Any other agency or board of the State of
			 Nevada.
Added to NAC by Real Estate Comm'n
			 by R031-04, eff. 11-30-2004
NRS
			 645.190
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PROCEEDINGS BEFORE COMMISSION › Section 645.875 - Petitions for regulations

Current through June 11, 2024
1. Any person may
			 by petition, request the Commission to adopt, file, amend, or repeal any
			 regulation. The petition must clearly identify in writing the change requested
			 of the regulation and must contain all relevant data, views and arguments
			 regarding the change.
2. The
			 Commission will consider the petition at the next regularly scheduled meeting
			 which occurs more than 10 working days after the submission of the
			 petition.
Real Estate Adv. Comm'n, § II
			 subsec. 3, eff. 12-30-76-NAC A by Real Estate Comm'n, 8-21-81-Substituted in
			 revision for NAC 645.090
NRS
			 645.190
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.901 - Definitions

Current through June 11, 2024
As used in
			 NAC 645.901 to 645.919, inclusive, unless the context otherwise requires, the
			 words and terms defined in NAC 645.903 to 645.909, inclusive, have the meanings
			 ascribed to them in those sections.
Added to NAC by Real Estate Comm'n
			 by R123-06, eff. 6-1-2006
NRS
			 645.190,
			 645.863
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.903 - "Applicant" defined

Current through June 11, 2024
"Applicant" means a licensee who is applying
			 for a permit.
Added to NAC by Real Estate Comm'n
			 by R123-06, eff. 6-1-2006
NRS
			 645.190,
			 645.863
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.905 - "Business broker" defined

Current through June 11, 2024
"Business broker" has the meaning ascribed to
			 it in
			 NRS
			 645.0075.
Added to NAC by Real Estate Comm'n
			 by R123-06, eff. 6-1-2006
NRS
			 645.190,
			 645.863
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.907 - "License" defined

Current through June 11, 2024
"License" means a license as a real estate
			 broker, real estate broker-salesperson or real estate salesperson.
Added to NAC by Real Estate Comm'n
			 by R123-06, eff. 6-1-2006
NRS
			 645.190,
			 645.863
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.909 - "Permit" defined

Current through June 11, 2024
"Permit" means a permit to engage in business
			 as a business broker.
Added to NAC by Real Estate Comm'n
			 by R123-06, eff. 6-1-2006
NRS
			 645.190,
			 645.863
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.911 - "Engage in business as a business broker" interpreted

Current through June 11, 2024
As used in chapter 645 of
			 NRS, the Commission will interpret the term "engage in business as a business
			 broker":
1. Except as otherwise
			 provided in subsection 2, to include engaging in the business of:
(a) Selling, exchanging, optioning or
			 purchasing;
(b) Negotiating or
			 offering, attempting or agreeing to negotiate the sale, exchange, option or
			 purchase of; or
(c) Listing or
			 soliciting prospective purchasers of,
any business, the individual assets
			 of any business or any ownership interest in any business, including, without
			 limitation, any stock, partnership interest or membership interest in a
			 limited-liability company, for which income and expenses have been reported to
			 the Internal Revenue Service in the previous calendar or fiscal year on Form
			 1040, Form 1065, Form 1120 or Form 1120S, or any combination thereof, unless 50
			 percent or more of the gross reported income, excluding net capital gain, was
			 earned by the rental of real estate reported on Form 8825.
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.913 - General requirements; fees; background investigation

Current through June 11, 2024
1. A licensee who wishes to obtain a permit
			 must:
(a) Submit to the Division:
(1) A completed application on a form
			 prescribed by the Division;
(2) A
			 fee of $40;
(3) A fee of $75 for
			 the examination required by paragraph (b); and
(4) A certificate of completion, in a form
			 satisfactory to the Division, indicating that the applicant has successfully
			 completed the 24 hours of classroom instruction relating to business brokerage
			 required by paragraph (a) of subsection 2 of
			 NRS
			 645.863; and
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.915 - Expiration date; requirements and fee for renewal

Current through June 11, 2024
1. A
			 permit expires on the same date as the license of the holder of the permit
			 expires.
2. The Division may renew
			 a permit if the holder of the permit submits to the Division:
(a) A request for the renewal of the permit
			 with the application to renew his or her license;
(b) A renewal fee of $40; and
(c) Documentation indicating that the holder
			 of the permit has successfully completed the continuing education required by
			 paragraph (a) of subsection 4 of
			 NRS
			 645.863.
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.917 - Effective date of renewal

Current through June 11, 2024
The renewal of a permit is effective on the
			 date on which the applicant submits to the Division an application to renew his
			 or her license or the applicant pays the renewal fees for the license and the
			 permit, whichever occurs later.
Added to NAC by Real Estate Comm'n
			 by R123-06, eff. 6-1-2006
NRS
			 645.190,
			 645.863
Nevada Administrative Code › Chapter 645 - Real Estate Brokers and Salespersons › PERMIT TO ENGAGE IN BUSINESS AS BUSINESS BROKER › Section 645.919 - Approval of courses for educational requirements

Current through June 11, 2024
1. For an
			 applicant to receive credit for a course of instruction in business brokerage
			 that is designed to fulfill the educational requirements for the issuance or
			 renewal of a permit, the course must be approved by the Division, on behalf of
			 the Commission.
2. An educational
			 institution that wishes to obtain approval to offer courses that meet the
			 educational requirements for the issuance or renewal of a permit to engage in a
			 business brokerage must apply to the Division pursuant to the applicable
			 procedures set forth in NAC
			 645.400 to
			 645.467, inclusive.
Added to NAC by Real Estate Comm'n
			 by R123-06, eff. 6-1-2006; A by
			 R060-20A,
			 eff. 12/29/2020
NRS
			 645.190 and
			 645.863
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › GENERAL PROVISIONS › Section 645A.005 - "Trust account" defined

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				"trust account" means an account held by an escrow agent or agency pursuant to
				NRS
				645A.160.
Added to NAC by Comm'r
				of Mortgage Lending by R086-04, eff. 8-25-2004
NRS
				  645A.050
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.055 - Definitions

Current through June 11, 2024
As used in NAC 645A.055 to 645A.160, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 645A.060 and
				645A.065 have the meanings ascribed to them in those sections.
Supplied in
				codification
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.060 - "Approved course" defined; consideration by Commissioner of alternative sources of programs

Current through June 11, 2024
1. "Approved
			 course" means a course of education that has been approved by the Commissioner
			 as a course for initial licensure or continuing education.
2. The Commissioner will consider for
			 approval alternative sources of programs offered by providers if the
			 Commissioner determines that a course covers a specialized area of
			 practice.
Added to NAC by Comm'r
				of Mortgage Lending by R143-08, eff. 4-20-2010
NRS
				  645A.021,
				  645A.039,
				  645A.050
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.065 - "Hour of instruction" defined

Current through June 11, 2024
"Hour of instruction" means 50 minutes of instruction or
				more.
Added to NAC by Comm'r
				of Mortgage Lending by R143-08, eff. 4-20-2010
NRS
				  645A.021,
				  645A.039,
				  645A.050
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.070 - Requirements for initial licensure

Current through June 11, 2024
1. An applicant for
			 an initial license as an escrow agent must complete at least 15 hours of
			 instruction in the areas of instruction set forth in subsection 2. The
			 instruction may be completed through live instruction in a classroom or through
			 distance education.
2. The 15 hours
			 of instruction required by subsection 1 must include:
(a) Three hours of professional ethics, which
			 must include instruction on fraud and consumer protection;
(b)
Four hours of Nevada law and regulations relating to escrow
				agencies or escrow agents, at least 2 hours of which must be related to this
				chapter and chapter 627 or 645A of NRS;
(c) Six hours of instruction relating to
			 applicable federal law or regulations, the practical application of escrow
			 processes or a specialized area of practice; and
(d) Two hours of electives.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.075 - Requirements for continuing education

Current through June 11, 2024
1. A person
			 licensed as an escrow agent shall complete, during the 12 months immediately
			 preceding the date on which the license expires, at least 10 hours of
			 instruction in approved courses of continuing education.
2.
The Commissioner will consider the appropriateness of
				alternative subject material for specialized areas of practice.
3. Of the hours of instruction
			 required by subsection 1, a person licensed as an escrow agent must complete:
(a) Two hours of professional ethics, which
			 must include instruction on fraud and consumer protection;
(b)
Four hours of Nevada law and regulations relating to this
				chapter and chapter 627 or 645A of NRS or other Nevada or federal laws and
				regulations relating to escrow; and
(c) Four hours of electives, which may
			 include instruction appropriate to a specialized area of practice.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.080 - Course material for initial licensure and continuing education: Approved subjects

Current through June 11, 2024
The following subjects are approved as course material for
				initial licensure and continuing education:
1. Federal laws and regulations relating to
			 escrow activities .
2. The
			 provisions of Nevada state laws and regulations relating to mortgage lending or
			 the activities of covered service providers or construction control.
3. The provisions of Nevada state laws and
			 regulations relating to escrow activities, including, without limitation:
(a) This chapter or chapter 645A of NRS
			 governing escrow agencies and escrow agents;
(b) Chapter 598D of NRS governing unfair
			 lending practices;
(c) Chapter 692A
			 of NRS governing title insurance;
(d) Chapter 106 of NRS governing real
			 mortgages;
(e) Chapter 107 of NRS
			 governing deeds of trust;
(f)
			 Chapters 111, 112 and 113 of NRS and any other applicable laws governing
			 contracts or agency ;
(g) Chapter
			 108 of NRS governing statutory liens;
(h) Chapter 120A of NRS governing unclaimed
			 property;
(i) Chapter 624 of NRS
			 governing contractors; and
(j)
			 Chapter 627 of NRS governing construction controls.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.085 - Approval of provider; appeal of denial of approval

Current through June 11, 2024
1. A
			 provider that wishes to offer approved courses to meet the educational
			 requirements for licensure or continuing education under this chapter and
			 chapter 645A of NRS must apply to the Commissioner before offering any approved
			 courses and annually thereafter on or before December 31 for approval on a form
			 prescribed by the Commissioner. The application must include, without
			 limitation:
(a) The name and address of the
			 provider;
(b) The type of provider
			 and a description of its facilities;
(c) Any information requested by the
			 Commissioner concerning the ownership of the provider, including the business
			 organization and the names and addresses of all directors, principals, officers
			 and others having interests as owners;
(d) A list of the instructors;
(e) A list of the courses to be offered and a
			 hard copy of course materials for each course;
(f) The allotment of time for each
			 subject;
(g) A tentative schedule
			 of courses;
(h) The titles, authors
			 and publishers of all required textbooks;
(i) A copy of each examination to be used and
			 the correct answer for each question;
(j) A statement of
(1) The purpose of the provider;
(2) The fees to be charged;
(3) The days, times and locations of
			 classes;
(4) The number of quizzes
			 and examinations for each course;
(5) The grading systems, including the
			 methods of testing and standards of grading for each course;
(6) The requirements for attendance;
			 and
(7) The location of the
			 students' records;
(k) A
			 statement as to whether the provider or any instructor employed by the provider
			 has been disciplined by any governmental agency in this State or any other
			 state; and
(l) A statement that
			 educational courses will not be provided free of charge as an inducement for
			 students or their employers to use the services of the provider for any
			 activities related to escrow agencies.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.090 - Approval of provider: Notice of material change in information provided in application for approval; qualification for and denial of renewal of approval

Current through June 11, 2024
1. Within 15 days after the occurrence of any
			 material change in the information provided by a provider in its application
			 pursuant to NAC 645A.085 which would affect its approval by the Commissioner,
			 the provider shall give the Commissioner written notice of that
			 change.
2. To qualify for annual
			 renewal of approval by the Commissioner, a provider must submit to the
			 Commissioner on or before December 31 of each year:
(a) A written certification, in a form
			 prescribed by the Commissioner, declaring that the provider has met all
			 applicable requirements of this chapter and chapter 645A of NRS; and
(b) A sworn statement, in a form prescribed
			 by the Commissioner, declaring that the information contained in the original
			 application is current or, if it is not current, a list of all material
			 changes.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.095 - Approval of individual courses; appeal of denial of approval; restricted attendance; policy of provider concerning cancellations and refunds

Current through June 11, 2024
1. A provider must submit an application for
			 the approval of each course the provider intends to offer on a form provided by
			 the Commissioner and include with the submission all applicable information
			 prescribed by NAC 645A.085.
2. The
			 Commissioner will not grant retroactive approval of a course.
3. If a course offered by a provider that is
			 a professional organization has been approved for continuing education, the
			 provider shall not restrict attendance at the course to only members of that
			 organization.
4. Any advertising,
			 promotional brochure or form for registration for an approved course must
			 contain, in writing, the policy of the provider concerning cancellations and
			 refunds.
5. If the application of
			 the provider for a course is denied, the provider may appeal the decision of
			 the Commissioner to deny approval of the provider's course by filing an appeal
			 with the Commissioner not later than 20 days after the date on which the denial
			 of the approval of the provider's course becomes effective, and the provider
			 will have a right to a hearing.
6.
			 The Commissioner has the right to be awarded and recover costs and attorney's
			 fees from the provider related to a hearing in which the hearing officer
			 affirms the denial or withdrawal of approval of a course.
7. The Commissioner may waive some or all of
			 the requirements of this section for a course which is offered by a provider
			 that is approved pursuant to subsection 2 of NAC 645A.085.
Added to NAC by Comm'r
				of Mortgage Lending by R143-08, eff. 4-20-2010; A by
				R070-16A,
				eff. 1/27/2017
NRS 645A.021, 645A.039 and
				645A.050
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.100 - Annual approval and contents of courses; unacceptable courses

Current through June 11, 2024
1. A course must:
(a) Be approved annually by the Commissioner;
			 and
(b) Relate to the subject
			 matters prescribed by NAC 645A.080.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.105 - Prerequisites to approval of computer-based distance education course

Current through June 11, 2024
A provider seeking approval of a computer-based distance
				education course must submit a complete copy of the course to the Commissioner
				in the medium to be used and, if requested, must make available, at a date and
				time satisfactory to the Commissioner and at the provider's expense, all
				equipment and software necessary to enable the Commissioner to review the
				course. In the case of an Internet-based course, the provider shall provide the
				Commissioner access to the course via the Internet at no charge at a date and
				time satisfactory to the Commissioner.
Added to NAC by Comm'r
				of Mortgage Lending by R143-08, eff. 4-20-2010
NRS
				  645A.021,
				  645A.039,
				  645A.050
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.110 - Renewal of approval of approved courses; review and audit of approved courses and instructors by Commissioner

Current through June 11, 2024
1. A provider
			 must apply annually for the renewal of approval of a course on a form
			 prescribed by the Commissioner. An application for renewal must be submitted to
			 the Commissioner at least 5 weeks before the previous approval expires. If the
			 provider does not timely submit the application for renewal, the provider must
			 apply for an original approval as provided in NAC 645A.085.
2. Each approved course and instructor is
			 subject to review and audit by the Commissioner. If the Commissioner conducts
			 such a review or audit, the provider shall make available to the Commissioner
			 all records and materials requested which are necessary to the
			 review.
Added to NAC by Comm'r
				of Mortgage Lending by R143-08, eff. 4-20-2010
NRS
				  645A.021,
				  645A.039,
				  645A.050
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.115 - Withdrawal of approval of approved courses

Current through June 11, 2024
1. If the
			 Commissioner determines, through an audit or otherwise, that an approved course
			 does not meet the standards for such a course set forth in this chapter or
			 chapter 645A of NRS, the Commissioner will notify the provider of the approved
			 course of the intent to withdraw approval of the course. The notice must
			 include the specific reasons upon which the Commissioner is basing the decision
			 to withdraw approval of the course. Not later than 20 days after the date on
			 which the provider receives the notice, the provider may provide a written
			 response to the Commissioner that clearly sets forth the reasons why approval
			 of the course should not be withdrawn and outlining any corrective measures
			 that the provider will undertake. After the 20-day period has elapsed, the
			 Commissioner will review the notice and any response submitted by the provider
			 and:
(a) Withdraw approval of the
			 course;
(b) Allow the course to
			 remain approved if certain specific enumerated conditions are met; or
(c) Allow the continued approval of the
			 course.
If the Commissioner decides to withdraw approval of the
				course, the withdrawal of approval of the course becomes effective upon the
				mailing of the Commissioner's decision to withdraw approval to the provider by
				certified mail, return receipt requested, to the provider's last known business
				address.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.120 - Approved providers: Maintenance and availability of certain records; provision of tentative schedules and evidence of licensure to Commissioner

Current through June 11, 2024
1. A provider approved by the Commissioner to
			 offer courses to meet the requirements for licensure or continuing education
			 under this chapter or chapter 645A of NRS shall:
(a) Maintain a record of each student's
			 attendance and certification in any of those courses for 4 years after the
			 student's enrollment and shall have such records open to inspection by the
			 Commissioner, upon request, during the provider's business hours.
(b) At least quarterly, provide to the
			 Commissioner a tentative schedule of the courses to be offered by the
			 provider.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.125 - Approved providers: Misrepresentation in advertising prohibited

Current through June 11, 2024
A provider approved by the Commissioner shall not make any
				misrepresentation in its advertising about any approved course which it offers
				to fulfill requirements for licensing or continuing education under this
				chapter or chapter 645A of NRS.
Added to NAC by Comm'r
				of Mortgage Lending by R143-08, eff. 4-20-2010
NRS
				  645A.021,
				  645A.039,
				  645A.050
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.130 - Providers of approved courses: Employment of instructors; miscellaneous duties and restrictions

Current through June 11, 2024
A provider that conducts approved courses:
1. May employ as instructors of the approved
			 courses only persons who meet the qualifications set forth in NAC
			 645A.135.
2. Shall limit guest
			 lecturers who are experts in related fields, excluding Division personnel, to
			 25 percent of the total hours of instruction per approved course.
3. Shall include a statement that the
			 provider is approved by the Commissioner on all advertisements of the
			 provider.
4. Shall require each
			 student to attend the entire approved course as a condition of receiving
			 certification for the approved course.
5. Shall certify the completion of only the
			 number of hours for which the approved course has been approved by the
			 Commissioner. Except as otherwise provided in subsection 2 of NAC 645A.160,
			 completion of a portion of an approved course does not satisfy the requirements
			 for certification.
6. Shall update
			 its course materials at least annually to reflect changes in the law and the
			 marketplace.
7. Shall not allow a
			 student to pass an approved course by taking an examination without having the
			 required attendance. In addition, an owner, instructor, affiliate or other
			 person associated with the provider may not take an examination administered by
			 the provider to meet the requirements for initial licensure or continuing
			 education under this chapter and chapter 645A of NRS.
8. Shall admit the Commissioner to audit and
			 evaluate the presentation of the approved course without prior notice by the
			 Commissioner or cost to the Commissioner.
9. Shall not present an approved course for
			 the main purpose of selling products or services and shall limit the
			 announcement of products or services during the approved course to not more
			 than 1 minute for each credit hour.
10. Shall not provide, distribute,
			 disseminate or otherwise make available to students the answers to examination
			 questions.
Added to NAC by Comm'r
				of Mortgage Lending by R143-08, eff. 4-20-2010
NRS
				  645A.021,
				  645A.039,
				  645A.050
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.135 - Instructors: Requirements for and restrictions on approval; periodic review and evaluation; credit for continuing education

Current through June 11, 2024
1. An
			 instructor must have written approval from the Commissioner before teaching an
			 approved course. No retroactive approval for instructors will be
			 granted.
2. An applicant for
			 approval as an instructor must apply on a form prescribed by the
			 Commissioner.
3. The Commissioner
			 will not approve a person as an instructor if the person:
(a) Has been disciplined by the Commissioner:
(1) Within the immediately preceding 5 years;
			 or
(2) More than one time;
			 or
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.140 - Instructors: Denial or withdrawal of approval; appeal of denial or withdrawal

Current through June 11, 2024
1. The Commissioner
			 may deny or withdraw the approval of an instructor who:
(a) Does not meet the standards prescribed in
			 NAC 645A.135;
(b) Does an
			 inadequate job of teaching the subject matter of an approved course, as
			 evidenced by student evaluations or an audit conducted by the
			 Commissioner;
(c) Has been
			 determined in any administrative or judicial proceeding to have violated any
			 statute, rule, regulation or order pertaining to mortgage lending or real
			 estate or the practice of covered service providers, foreclosure consultants,
			 loan modification consultants or escrow agents;
(d) Has been convicted of, or entered a plea
			 of guilty or nolo contendere to, any crime involving fraud, deceit,
			 misrepresentation or moral turpitude; or
(e) Engages in inappropriate behavior in the
			 classroom as evidenced by an audit conducted by the Commissioner.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.145 - Instructors: Duties

Current through June 11, 2024
1. An instructor of
			 an approved course shall ensure that:
(a)
			 Class sessions are commenced in a timely manner and are conducted for the full
			 amount of time that is approved; and
(b) Each approved course is taught according
			 to the course plan and any instructor guide that was approved by the
			 Commissioner, including the furnishing to students of appropriate student
			 materials.
Nevada Administrative Code › Chapter 645A - Escrow Agencies and Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645A.150 - Evaluation of approved courses and instructors by students; provision of certificates of completion

Current through June 11, 2024
1. Each approved
			 course and each instructor of an approved course must be evaluated by students
			 on a form prescribed by the Commissioner and provided by the provider during
			 every course offering.
2. The
			 instructor shall provide to each student who successfully completes an approved
			 course a certificate of completion, in a form satisfactory to the Commissioner,
			 indicating that the student has successfully completed the applicable number of
			 hours of instruction which may be used to satisfy the requirements of NAC
			 645A.070 or 645A.075.
Added to NAC by Comm'r
				of Mortgage Lending by R143-08, eff. 4-20-2010
NRS
				  645A.021,
				  645A.039,
				  645A.050