reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.905 - Definitions

Current through June 11, 2024
As used in sections 124 to 134, inclusive, of this regulation
				  unless the context otherwise requires, the words and terms defined in sections
				  124, 125 and 126 of this regulation have the meanings ascribed to them in those
				  sections.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 ), and section 14.86 of Assembly Bill No. 69, chapter 608, Statutes of
				  Nevada 2017, at page 4477 (NRS 706B.280 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.910 - "Administrative proceeding" defined

Current through June 11, 2024
"Administrative proceeding" means a proceeding to impose an
				  administrative fine pursuant to section 14.86 of Assembly Bill No. 69, Statutes
				  of Nevada 2017, at page 4477 (NRS 706B.280 ).
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 ), and section 14.86 of Assembly Bill No. 69, chapter 608, Statutes of
				  Nevada 2017, at page 4477 (NRS 706B.280 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.915 - "Hearing officer" defined

Current through June 11, 2024
"Hearing officer" means a person designated by the Chairman
				  to conduct an administrative proceeding.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 ), and section 14.86 of Assembly Bill No. 69, chapter 608, Statutes of
				  Nevada 2017, at page 4477 (NRS 706B.280 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.920 - "Respondent" defined

Current through June 11, 2024
"Respondent" means a person against whom an administrative
				  proceeding is initiated.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 ), and section 14.86 of Assembly Bill No. 69, chapter 608, Statutes of
				  Nevada 2017, at page 4477 (NRS 706B.280 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.925 - Initiation and termination of administrative proceedings by staff of Authority; conduct of and applicable regulations for administrative proceedings

Current through June 11, 2024
1. An administrative proceeding must be
				initiated by the staff of the Authority as provided in section 129 of this
				regulation. The staff may terminate an administrative proceeding at any time
				before a hearing without prejudice to the initiation of another administrative
				proceeding based upon the same set of facts.
2. An administrative proceeding must be
				conducted pursuant to the provisions of chapter 233B of NRS and those
				provisions of this chapter which do not conflict with the provisions set forth
				in chapter 233B of NRS regarding notice to parties and the opportunity of
				parties to be heard.
3. The
				provisions of sections 60 to 121, inclusive, of this regulation apply to an
				administrative proceeding, as if the hearing officer were the Authority or
				presiding officer, to the extent that those provisions do not conflict with the
				provisions of sections 124 to 134, inclusive, of this regulation and any
				applicable provisions of chapter 233B of NRS.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 ), and section 14.86 of Assembly Bill No. 69, chapter 608, Statutes of
				  Nevada 2017, at page 4477 (NRS 706B.280 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.930 - Contents, service and filing of complaint to initiate administrative proceeding; answer to complaint

Current through June 11, 2024
1. The staff of the
				Authority may initiate an administrative proceeding by:
(a) Serving a copy of a complaint upon the
				respondent by personal delivery or by mailing by certified mail, return receipt
				requested, to the last known address of the business or residence of the
				respondent; and
(b) Filing the
				complaint with the Authority.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.935 - Settlement

Current through June 11, 2024
1. The staff of the Authority may enter into
				an agreement with a respondent for the settlement of an administrative
				proceeding. The agreement must be signed by the staff and the respondent, and
				state that the respondent consents to the imposition of a fine in a specific
				amount.
2. Upon entering into such
				an agreement:
(a) The staff of the Authority
				shall submit the agreement to the Authority; and
(b) The respondent shall deposit with the
				Authority a cashier's check or money order, payable to the Nevada
				Transportation Authority, for the amount of the agreed fine.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.940 - Powers and duties of hearing officer

Current through June 11, 2024
1. A hearing
				officer shall:
(a) Subscribe to the
				constitutional oath of office before exercising any of the powers or performing
				any of the duties of his or her office.
(b) Conduct a fair and impartial hearing in
				accordance with the law.
(c)
				Conduct the entire hearing on the record and require each party or the party's
				counsel to identify himself or herself before presenting evidence.
(d) Establish the order of presentation of
				the evidence by each party.
(e)
				Ensure that the hearing proceeds with reasonable diligence and the least delay
				practicable.
(f) Prepare a proposed
				decision for review by the Authority.
(g) Deliver the record of the hearing and the
				proposed decision to the Authority.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.945 - Appeal of procedural ruling by hearing officer

Current through June 11, 2024
1. Any
				party to an administrative proceeding conducted by a hearing officer may appeal
				a ruling of the hearing officer on any procedural matter to the Authority by
				filing a request for further consideration with the hearing officer within 15
				days after the ruling is made, or within the period prescribed by the hearing
				officer. The request must include, without limitation, grounds for review of
				the ruling by the Authority.
2. The
				hearing officer shall transmit:
(a) The
				request for further consideration and any response to the request;
(b) His or her ruling on the procedural
				matter; and
(c) A memorandum which
				explains those parts of the hearing officer's ruling which are the subject of
				the appeal, to the Authority not later than the time the hearing officer
				delivers the proposed decision to the Authority pursuant to section 130 of this
				regulation.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.950 - Action by Authority; imposition of fine

Current through June 11, 2024
1. The
				Authority will review the decision of a hearing officer and enter a final order
				affirming, modifying or setting aside the decision.
2. If a respondent fails to appear at the
				time and place set for an administrative proceeding, the Authority may impose a
				fine for the violations alleged in the complaint.
3. In determining the amount of a fine to be
				imposed pursuant to an administrative proceeding, the Authority may consider:
(a) The seriousness of the violations alleged
				in the complaint which were demonstrated to have been committed by the
				respondent;
(b) Any hazard to the
				health or safety of the public resulting from those violations;
(c) Any economic benefit received by the
				respondent as a result of those violations;
(d) Any mitigation or aggravation by the
				respondent of the effects of those violations;
(e) The extent to which the respondent
				demonstrates his or her good faith;
(f) Any previous history of violations by the
				respondent;
(g) The amount
				necessary to deter future violations; and
(h) Any other appropriate matter.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.955 - Payment of fine

Current through June 11, 2024
A fine imposed pursuant to an administrative proceeding is
				  due and payable within 20 days after the final order of the Authority imposing
				  the fine.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 ), and section 14.86 of Assembly Bill No. 69, chapter 608, Statutes of
				  Nevada 2017, at page 4477 (NRS 706B.280 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Administrative Proceedings › Section 706B.960 - Remedy not exclusive

Current through June 11, 2024
The provisions of sections 123 to 134, inclusive, of this
				  regulation do not preclude the commencement or pursuit of any additional
				  remedies for the commission of the acts upon which an administrative proceeding
				  is based.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 ), and section 14.86 of Assembly Bill No. 69, chapter 608, Statutes of
				  Nevada 2017, at page 4477 (NRS 706B.280 )
Nevada Administrative Code › Chapter 707 - Telecommunications › PROGRAM TO PROVIDE DEVICES FOR TELECOMMUNICATION TO PERSONS WITH IMPAIRED SPEECH OR HEARING › Section 707.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires:
1. "Carrier" means:
(a) An intraexchange carrier; and
(b) A provider of commercial mobile radio service.
Nevada Administrative Code › Chapter 707 - Telecommunications › PROGRAM TO PROVIDE DEVICES FOR TELECOMMUNICATION TO PERSONS WITH IMPAIRED SPEECH OR HEARING › Section 707.020 - Surcharge for program to provide devices for telecommunication to persons with impaired speech or hearing

Current through June 11, 2024
1. The Commission will, on an annual basis, establish the amount of the surcharge to be assessed and collected for the program developed pursuant to NRS 427A.797, as amended by section 2 of Assembly Bill No. 200, chapter 191, Statutes of Nevada 2015, at page 888, by the Aging and Disability Services Division of the Department of Health and Human Services.
2. If, on or before February 1 of each year, the Division files an application with the Commission requesting the establishment of the amount of the surcharge and includes the approved annual program budget, the Commission will, except as otherwise provided in NRS 427A.797, as amended by section 2 of Assembly Bill No. 200, chapter 191, Statutes of Nevada 2015, at page 888, base its calculation of the amount of the surcharge on the budget as filed.
3. On or before March 1 of each year, the Regulatory Operations Staff of the Commission shall file its calculation of a proposed amount of the surcharge with the Commission.
4. Within 10 days after the Regulatory Operations Staff of the Commission files its calculation of a proposed amount of the surcharge pursuant to subsection 3, any carrier or interested person may file comments on the proposed amount of the surcharge, and any carrier may request a hearing on the matter. If no request for a hearing is received by the Commission, it will dispense with a hearing and act upon the matter unless it finds that a hearing is necessary or required by statute.
5. On or before June 1 of each year, the Commission will establish and notify each carrier of the amount of the surcharge to be assessed and collected for the period from July 1 of that year to June 30 of the next year from each of its customers pursuant to this section and NRS 427A.797, as amended by section 2 of Assembly Bill No. 200, chapter 191, Statutes of Nevada 2015, at page 888.
6. The surcharge will be assessed in the manner set forth in NRS 427A.797, as amended by section 2 of Assembly Bill No. 200, chapter 191, Statutes of Nevada 2015, at page 888, and will be either a percentage of the basic charge for service to the customer or an equal amount for each customer in a class of customers. The surcharge must be billed by each carrier to its customers on a monthly basis.
7. For the purposes of this section, "annual program budget" includes, without limitation, the amounts established by the Division to:
(a) Cover the costs of the program;
(b) Fund the centers for persons who are deaf or have severely impaired speech or hearing established pursuant to subsection 2 of NRS 427A.797, as amended by section 2 of Assembly Bill No. 200, chapter 191, Statutes of Nevada 2015, at page 888; and
(c) Cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.
Nevada Administrative Code › Chapter 707 - Telecommunications › PROGRAM TO PROVIDE DEVICES FOR TELECOMMUNICATION TO PERSONS WITH IMPAIRED SPEECH OR HEARING › Section 707.030 - Submission of report and money collected as surcharge

Current through June 11, 2024
Not later than January 31, April 30, July 31 and October 31 of each year, each carrier shall submit to the Commission, for the 3 full months immediately preceding that date, the money collected as the surcharge and a report containing the following information:
1. The name and address of the carrier;
2. The amount of the surcharge for each line of access;
3. The total number of lines of access;
4. The amount of the surcharge collected; and
5. The amount of the surcharge to be submitted to the Commission.
Each carrier may submit the money collected with an appropriate report more frequently than quarterly.
Added to NAC by Pub. Service Comm'n, eff. 1-6-86; A by Pub. Utilities Comm'n by R010-04, 6-28-2004; R071-13, 12-23-2013
NRS 427A.797, 703.025
Nevada Administrative Code › Chapter 707 - Telecommunications › PROGRAM TO PROVIDE DEVICES FOR TELECOMMUNICATION TO PERSONS WITH IMPAIRED SPEECH OR HEARING › Section 707.040 - Interest earned on surcharges

Current through June 11, 2024
Each carrier shall keep account of any interest earned on surcharges collected before they are remitted to the Commission. If the interest revenue is not sufficient to reimburse the carrier for costs associated with the collection of the surcharge, the amount of the interest must be deducted in computing the reimbursement claimed.
Added to NAC by Pub. Service Comm'n, eff. 1-6-86; A by Pub. Utilities Comm'n by R010-04, 6-28-2004
NRS 427A.797, 703.025
Nevada Administrative Code › Chapter 707 - Telecommunications › PROGRAM TO PROVIDE DEVICES FOR TELECOMMUNICATION TO PERSONS WITH IMPAIRED SPEECH OR HEARING › Section 707.050 - Review by Commission of program to provide devices for telecommunication to persons with impaired speech or hearing (Repealed)

Current through June 11, 2024
Added to NAC by Pub. Service Comm'n, eff. 1-6-86; A by Pub. Utilities Comm'n by R010-04, 6-28-2004; R by R070-15, eff. 4/4/2016
NRS 427A.797, as amended by section 2 of Assembly Bill No. 200, chapter 191, Statutes of Nevada 2015, at page 888, and NRS 703.025.
Nevada Administrative Code › Chapter 707 - Telecommunications › CALL LOCATION INFORMATION OF WIRELESS TELECOMMUNICATIONS DEVICES › Section 707.100 - Submission of emergency contact information: Form; contents; authorized use, maintenance and availability of information

Current through June 11, 2024
1. The Department will develop a form for a provider to submit the provider's emergency contact information to the Division. At a minimum, the form must set forth the provisions of NRS 707.600 to 707.650, inclusive, and require, without limitation:
(a) The name of the provider;
(b) The name and telephone number of a representative of the provider who can be reached 24 hours a day, 7 days a week; and
(c) The date that the form was prepared by the provider.
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 720.020 to 720.130, inclusive, and NAC 720.015 to 720.175, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.015 - "Accept a certificate" defined

Current through June 11, 2024
"Accept a certificate" means to manifest approval of a certificate by using the certificate or otherwise, with knowledge or notice of its contents.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.025 - "Certify" defined

Current through June 11, 2024
"Certify" means, with reference to a certificate, to declare with ample opportunity to reflect after apprising oneself of all material facts.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.035 - "Disclosure record" defined

Current through June 11, 2024
"Disclosure record" means a publicly accessible record maintained by the Secretary of State concerning a licensee that is available on-line through the Internet.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.045 - "Electronic message" defined

Current through June 11, 2024
"Electronic message" means a record that is generated, communicated, received or stored by electronic means for use in an information system or transmission between separate information systems.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.060 - "Incorporate by reference" defined

Current through June 11, 2024
"Incorporate by reference" means to make a message a part of another message by identifying the message to be incorporated and expressing the intention that it be incorporated.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.065 - "Issue a certificate" defined

Current through June 11, 2024
"Issue a certificate" means the creation of a certificate and notification of the subscriber identified in the certificate of the contents of the certificate.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.080 - "Notify" defined

Current through June 11, 2024
"Notify" means to communicate a fact to a person in a manner reasonably likely under the circumstances to impart knowledge of the information to that person.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.090 - "Operative personnel" defined

Current through June 11, 2024
"Operative personnel" means one or more natural persons acting as a certification authority or his or her agent, or in the employment of or under contract with a certification authority, who have:
1. Duties directly involving the issuance of certificates or the creation of private keys;
2. Responsibility for the secure operation of the system of computer hardware and software used by the certification authority to conduct business as a certification authority or to operate a recognized repository;
3. Direct responsibility, other than general supervisory authority, for the establishment or adoption of policies regarding the operation and security of the certification authority; or
4. Such other duties or responsibilities as the Secretary of State determines to be significant to the operation of a certification authority.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.095 - "Person" defined

Current through June 11, 2024
"Person" means a natural person, any organization that is capable of signing a document, either legally or as a matter of fact, a government, a governmental agency or a political subdivision of a government.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.110 - "Recipient" defined

Current through June 11, 2024
"Recipient" means a person who:
1. Has received a certificate and a digital signature that is verifiable with reference to the public key set forth in the certificate; and
2. Is in a position to rely on the digital signature.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.115 - "Recognized certification authority" defined

Current through June 11, 2024
"Recognized certification authority" means the Secretary of State, a licensee or a certification authority whose foreign license is recognized by the Secretary of State pursuant to NAC 720.420.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.120 - "Recognized repository" defined

Current through June 11, 2024
"Recognized repository" means the state repository or a repository designated by the Secretary of State pursuant to NAC 720.650.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.125 - "Recommended limit of reliance" defined

Current through June 11, 2024
"Recommended limit of reliance" means the monetary amount that a certification authority recommends is the maximum amount upon which a certificate may be relied.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.135 - "Revoke a certificate" defined

Current through June 11, 2024
"Revoke a certificate" means to make a certificate ineffective permanently from a specified time forward through means of a notation on the certificate or the inclusion of the certificate in a set of revoked certificates.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.140 - "Rightfully hold a private key" defined

Current through June 11, 2024
"Rightfully hold a private key" means to hold a private key that:
1. Has not been disclosed by the holder of the key or his or her agents to any person who is not authorized to use the key; and
2. Has not been obtained by the holder of the key through theft, deceit, eavesdropping or other unlawful means.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.160 - "Time stamp" defined

Current through June 11, 2024
"Time stamp" means:
1. A notation that:
(a) Is digitally signed by a certification authority;
(b) Is appended or attached to a message, digital signature or certificate; and
(c) Indicates at least:
(1) The date and time the notation was appended or attached; and
(2) The identity of the person appending or attaching the notation; or
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.165 - "Transactional certificate" defined

Current through June 11, 2024
"Transactional certificate" means a certificate that is effective only for a specific transaction or series of transactions specified or incorporated by reference in the certificate.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.170 - "Trustworthy system" defined

Current through June 11, 2024
"Trustworthy system" means a system of computer hardware and software that complies with the requirements of NAC 720.300.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.175 - "Valid certificate" defined

Current through June 11, 2024
"Valid certificate" means a certificate that:
1. Has been issued by a recognized certification authority;
2. Has been accepted by the subscriber identified in the certificate;
3. Has not been suspended or revoked; and
4. Has not expired.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.180 - Purposes of chapter

Current through June 11, 2024
The purposes of this chapter are to:
1. Ensure that electronic messages with digital signatures are not denied legal recognition solely because they are in electronic form;
2. Facilitate commerce by means of reliable electronic messages;
3. Establish procedures for the use of digital signatures for official public business;
4. Provide persons who engage in commerce or official public business with reasonable assurance of the integrity and authenticity of electronic messages with digital signatures and that those messages will not be repudiated;
5. Provide a mechanism for the licensing of certification authorities and the recognition of repositories;
6. Minimize the incidence of forged digital signatures and fraud in electronic commerce;
7. Provide for the legal implementation of technical standards relating to electronic messages with digital signatures; and
8. Coordinate, with other states and jurisdictions, the establishment of uniform provisions regarding the authentication and reliability of electronic messages.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.190 - Variation of certain provisions by agreement; remedies not exclusive

Current through June 11, 2024
1. Except as otherwise provided by a specific provision of this chapter, the provisions of this chapter regarding the issuance, acceptance, publication and use of a certificate may be varied by agreement between the certification authority who issues the certificate and the subscriber identified in the certificate.
2. The remedies provided pursuant to this chapter are not exclusive and are in addition to any other remedies provided by law, including, without limitation, any criminal prosecution pursuant to the laws of this State or of the United States. Injunctive relief must not be denied to a person regarding any conduct governed by the provisions of this chapter solely because the conduct is or may be subject to criminal prosecution.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.195 - Severability of provisions

Current through June 11, 2024
The provisions of this chapter are hereby declared to be severable. If any of the provisions of this chapter is held invalid, or if the application of any of those provisions to any person, thing or circumstance is held invalid, that invalidity does not affect any other provision of this chapter that can be given effect without the invalid provision or application.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.200 - Adoption by reference of standards

Current through June 11, 2024
The Secretary of State hereby adopts by reference:
1. The technical standards designated as
X.509, Version 3
, as adopted by the International Telecommunication Union. A copy of those standards may be obtained from the Office of the Secretary of State, 101 North Carson Street, Suite 3, Carson City, Nevada 89701-4786, for the price of $22.50.
2. The provisions of the
CSPP - Guidance for COTS Security Protection Profiles, Version 1.0
, as developed by the National Institute of Standards and Technology of the Technology Administration of the United States Department of Commerce. A copy of those provisions may be obtained from the Office of the Secretary of State, 101 North Carson Street, Suite 3, Carson City, Nevada 89701-4786, for the price of $9.50.
3. The provisions of the
WebTrust Program for Certification Authorities, Version 1.0
, as developed by the American Institute of Certified Public Accountants and the Canadian Institute of Chartered Accountants. A copy of those provisions may be obtained from the Office of the Secretary of State, 101 North Carson Street, Suite 3, Carson City, Nevada 89701-4786, for the price of $9.50.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99; A by R040-03, 12-4-2003
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › GENERAL PROVISIONS › Section 720.205 - Confidentiality of information

Current through June 11, 2024
1. Except as otherwise provided in subsection 2 or required by a court order, any:
(a) Trade secret, as that term is defined in NRS 600A.030;
(b) Information regarding the design, security or programming of a computer system used for the licensing or operation of a certification authority or repository pursuant to this chapter; or
(c) Information that identifies a private key held by a subscriber, which is in the possession of the Secretary of State or Division of Enterprise Information Technology Services of the Department of Administration for the purposes of this chapter, or an auditor conducting an audit pursuant to NAC 720.320, shall be deemed confidential and must not be made available for public disclosure, inspection or copying.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.250 - Qualifications for license; period of validity of license

Current through June 11, 2024
1. To qualify for a license, a certification authority must:
(a) Use a secure method for limiting access to the private key of the certification authority;
(b) Maintain an office or registered agent for service of process in this State; and
(c) Comply with the provisions of this chapter and chapter 720 of NRS.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.260 - Issuance of license to governmental entity

Current through June 11, 2024
1. Except as otherwise provided in this section, the Secretary of State will not issue a license to any governmental entity.
2. The Secretary of State may issue a license to the Division of Enterprise Information Technology Services of the Department of Administration. For the purposes of this chapter, the Division is not required to:
(a) Obtain or submit proof that the Division has suitable insurance; or
(b) Pay any of the amounts otherwise required pursuant to NAC 720.430, 720.810 or 720.840.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.270 - Prerequisites to issuance and renewal of license

Current through June 11, 2024
Except as otherwise provided in NAC 720.260, the Secretary of State may issue a license to, or renew the license of, a certification authority who meets the qualifications for a license set forth in NAC 720.250 and submits to the Secretary of State:
1. A completed application that complies with the requirements of NAC 720.280.
2. The amounts required pursuant to NAC 720.430 and 720.810.
3. Proof of his or her identity or, if the certification authority is a business entity, proof of existence and good standing of the certification authority in the following form:
(a) If the certification authority is formed, incorporated, organized, registered, qualified to transact business or otherwise created in the State of Nevada pursuant to the provisions of title 7 of NRS, a certificate of existence and good standing from the Secretary of State. To comply with the provisions of this paragraph, the certification authority must submit a separate application to the Secretary of State to receive a certificate of existence and good standing.
(b) If the certification authority is formed, incorporated, organized, registered, qualified to transact business or otherwise created in a state or territory other than the State of Nevada, in the District of Columbia, in a possession of the United States or in a foreign country, a certificate of existence and good standing if the jurisdiction has such a certificate, or an equivalent form signifying that the certification authority has been formed, incorporated, organized, registered, qualified to transact business or otherwise created in that jurisdiction from the appropriate governmental agency of each jurisdiction in which the certification authority is formed, incorporated, organized, registered, qualified to transact business or otherwise created.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.280 - Application for license

Current through June 11, 2024
An application for the issuance or renewal of a license must be on a form prescribed by the Secretary of State and include:
1. The name of the applicant;
2. The mailing address and, if different, the physical address of the applicant;
3. The telephone number of the applicant;
4. The electronic mail address of the applicant;
5. The name and address of the registered agent in this State for service of process upon the applicant, including the physical address and, if different, the mailing address; and
6. The names of all operative personnel of the applicant.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.290 - Insurance: Minimum requirements; proof

Current through June 11, 2024
1. Except as otherwise provided in NAC 720.260, a licensee shall maintain a policy of insurance issued by an insurance company authorized to do business in this State, which:
(a) Provides the licensee with coverage for:
(1) Professional liability in an amount of not less than $5,000,000; and
(2) Commercial general liability in an amount of not less than $10,000,000; and
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.300 - Trustworthy system: Minimum requirements

Current through June 11, 2024
A licensee shall maintain such policies, practices, procedures and facilities as are necessary to ensure that his or her system of computer hardware and software:
1. Is reasonably secure from intrusion and misuse;
2. Provides a reasonable level of availability, reliability and correct operation;
3. Is reasonably suited to performing its intended functions; and
4. Is in material compliance with the provisions of the
CSPP - Guidance for COTS Security Protection Profiles, Version 1.0
and the
WebTrust Program for Certification Authorities, Version 1.0
, as adopted by reference pursuant to NAC 720.200. The Secretary of State will determine whether compliance is material:
(a) In accordance with the provisions of this chapter; and
(b) In a manner that is consistent with state and federal law and reasonable for the context in which the system is used.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.310 - Trustworthy system: Use

Current through June 11, 2024
A licensee shall use only a trustworthy system to:
1. Issue, suspend or revoke a certificate; and
2. Publish in a recognized repository or otherwise give notice of the issuance, suspension or revocation of a certificate.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.320 - Compliance audit: Performance; report to Secretary of State

Current through June 11, 2024
1. A licensee shall obtain an audit at least once each year to receive an opinion as to whether the licensee is in material compliance with the requirements of this chapter. If the Secretary of State has designated a repository operated by the licensee as a recognized repository, the audit must include the operation of the recognized repository.
2. The auditor shall exercise reasonable professional judgment in determining whether a condition that is not in strict compliance with the requirements of this chapter is material, taking into consideration the particular circumstances and context. In addition to any other conditions the auditor determines to be material, the auditor shall consider as material:
(a) Any condition relating to the validity of a certificate that does not comply with the requirements of this chapter.
(b) Noncompliance with the requirements of NAC 720.350.
(c) Noncompliance with the provisions of this chapter regarding the use of a trustworthy system.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.330 - Compliance audit: Qualifications of auditor

Current through June 11, 2024
Each audit required pursuant to NAC 720.320 must be performed by a certified public accountant who:
1. Is certified pursuant to chapter 628 of NRS or a similar law of another jurisdiction; and
2. Holds or, for the purpose of the audit, employs, contracts with or associates with a person who holds a current certification as:
(a) A certified information systems auditor issued by the Information Systems Audit and Control Association; or
(b) A certified information systems security professional issued by the International Information Systems Security Certification Consortium.
The audit report or a letter accompanying that report must disclose the name of each person who possesses the certification required pursuant to this section.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.340 - Qualifications of operative personnel

Current through June 11, 2024
1. An applicant for the issuance or renewal of a license must submit to the Secretary of State such documentation as the Secretary of State requires to ensure that all operative personnel of the applicant are qualified to act in that capacity. The documentation must include, for each person who acts in that capacity:
(a) A declaration, executed by the person under penalty of perjury, that:
(1) Specifies the person's name, including all names by which he or she has been known in the past, his or her date of birth and his or her business address; and
(2) Specifies each country, other than the United States, in which the person resided during the past 5 years and states the period of that residency;
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.350 - Persons convicted of certain crimes not to act as operative personnel

Current through June 11, 2024
1. A licensee shall not allow any person to undertake any of the responsibilities or duties of his or her operative personnel if the licensee knows or, based upon the records provided to the Secretary of State pursuant to NAC 720.340, should know that the person:
(a) Has been convicted in any jurisdiction during the 7 years immediately preceding the date the application for the issuance or renewal of a license is submitted of any felony; or
(b) Has ever been convicted in any jurisdiction of a crime involving fraud, deception or a false statement.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.360 - Certification practice statement: Filing and publication; contents

Current through June 11, 2024
A licensee shall file with the Secretary of State and publish a certification practice statement that includes, without limitation:
1. A description of the policies, practices and procedures of the licensee for the creation, issuance, distribution, management, storage, suspension, revocation and renewal of certificates;
2. If certificates are issued by class, the necessary criteria for each class, including the methods for identifying subscribers applicable to each class;
3. A written description of all representations required by the licensee from a subscriber regarding the responsibility of the subscriber to protect his or her private key; and
4. A disclosure of any:
(a) Warnings, limitations on liability, disclaimers of warranty and provisions for indemnity and holding harmless upon which the licensee intends to rely;
(b) Disclaimers and limitations on obligations, losses or damages to be asserted by the licensee; and
(c) Mandatory procedures for the resolution of disputes, including any provisions regarding the choice of forum or applicable law.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.370 - Disclosure records: Publication and updating by Secretary of State

Current through June 11, 2024
1. The Secretary of State will publish a disclosure record for each licensee that includes, without limitation:
(a) The name, mailing address, telephone number and electronic mail address of the insurance company that issued suitable insurance for the licensee;
(b) A copy of the most recent certification practice statement filed with the Secretary of State by the licensee pursuant to this chapter;
(c) A copy of the summary or report of the most recent audit of the licensee filed with the Secretary of State pursuant to this chapter;
(d) Information regarding the current status of the license, including a disclosure of any suspension or revocation and, if a suspension or revocation is currently pending proceedings for administrative or judicial review, a statement of that fact;
(e) A statement of whether a repository operated by the licensee has been designated as a recognized repository and information sufficient to locate or identify any repository the licensee operates or otherwise uses;
(f) A list of all judgments regarding the licensee filed with the Secretary of State pursuant to NAC 720.410 within the past 5 years; and
(g) Any other information required by this chapter.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.380 - Imposition of restrictions on operation of licensee

Current through June 11, 2024
The Secretary of State may:
1. As a condition to the issuance and retention of a license, impose any restrictions on the operation of the licensee as he or she deems appropriate; and
2. Maintain in his or her file for the licensee a written record of the basis for imposing the restrictions.
Added to NAC by Sec'y of State by R155-98, eff. 12-2-99
NRS 720.150
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.390 - Creation and retention of records by licensee

Current through June 11, 2024
1. A licensee shall:
(a) Create and retain such records as are necessary for the licensee to demonstrate compliance with this chapter.
(b) Retain each notice of the suspension or revocation of a certificate given by the licensee pursuant to NAC 720.600.
(c) Create and retain a database that contains a record of the identity of each subscriber named in a certificate issued by the licensee, which must include the number and date of issuance of the certificate and each fact represented in the certificate.
(d) Create and retain a database that contains a record of each time stamp the licensee appends or attaches to a message, digital signature or certificate, which must include sufficient information to identify the relevant subscriber and message, digital signature or certificate.
Nevada Administrative Code › Chapter 720 - Digital Signatures › LICENSING AND OPERATION OF CERTIFICATION AUTHORITY › Section 720.400 - Duties of licensee discontinuing services as certification authority

Current through June 11, 2024
A licensee who intends to discontinue providing services as a certification authority shall:
1. Before discontinuing those services, notify the subscribers identified in all valid certificates issued by the licensee;
2. Take such commercially reasonable efforts as are necessary to minimize disruption to those subscribers and to persons who rely on those certificates; and
3. Make reasonable arrangements for the preservation of the records of the licensee relating to his or her services as a certification authority. If the licensee is unable to make other reasonable arrangements for the preservation of those records, the licensee shall:
(a) Revoke all valid certificates the licensee has issued and return all his or her records regarding those certificates to the appropriate subscribers; or
(b) Submit those records to such other licensees as the Secretary of State designates for that purpose.