reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.910 - Notice of governing provisions; findings and recommendations; consolidation of cases

Current through June 11, 2024
1. The prosecutor
			 shall, in the notice of hearing which accompanies a complaint pursuant to NAC
			 628.895, notify the licensee if the prosecutor intends for the case to be
			 governed by the provisions of NAC 628.925 to 628.945, inclusive. If the notice
			 of hearing does not include such a notification, the licensee may file a
			 written notice with the Board within 20 days after the date of service of the
			 complaint to request that the case be governed by the provisions of NAC 628.925
			 to 628.945, inclusive
2. If a case
			 is tried before a hearing panel or officer, the findings and recommendations of
			 the hearing panel or officer do not become final unless they are approved by
			 the Board after review. In reviewing the findings and recommendations of the
			 hearing panel or officer, the Board may:
(a)
			 Approve the findings and recommendations, with or without
			 modification;
(b) Reject the
			 findings and recommendations and remand the case to the hearing panel or
			 officer;
(c) Reject the findings
			 and recommendations and order a hearing de novo before the Board; or
(d) Take any other action that the Board
			 deems appropriate to resolve the case.
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.915 - Appearance; representation by attorney; standards of conduct; withdrawal from representation; sanctions; costs of defense

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 4 of
			 NRS
			 628.410, in any contested case against a
			 licensee pursuant to this chapter and chapter 628 of NRS, the licensee may
			 appear on his or her own behalf or the licensee may be represented by:
(a) An attorney licensed to practice law in
			 this State; or
(b) An attorney
			 licensed to practice law in another state who is properly associated with an
			 attorney licensed to practice law in this State and who provides a certificate
			 of good standing from the licensing authority of the other
			 state.
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.920 - Answer; amendment of complaint; continuance; inclusion of pleadings in record

Current through June 11, 2024
1. After being served with the complaint
			 pursuant to NAC 628.895, the licensee may, but is not required to, file an
			 answer to the complaint. The licensee may file such an answer not later than 20
			 days after the date of service of the complaint.
2. The prosecutor may amend the complaint at
			 any time before the hearing. If the prosecutor amends the complaint before the
			 hearing, the prosecutor shall:
(a) File the
			 amended complaint with the Board or hearing panel or officer; and
(b) Serve the licensee with the amended
			 complaint.
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.925 - Discovery; limitations on interrogatories and depositions

Current through June 11, 2024
1. At any time after being served with a
			 complaint pursuant to NAC 628.895, and not later than 20 days before the
			 scheduled date for the hearing on the matter, the licensee may file with the
			 Board or hearing panel or officer a written discovery request for a copy of all
			 documents and other evidence intended to be presented by the prosecutor in
			 support of the case and a list of proposed witnesses.
2. The investigative file for the case is not
			 discoverable unless the prosecutor intends to present materials from the
			 investigative file as evidence in support of the case. The investigative file
			 for the case includes all communications, records, affidavits or reports
			 acquired or created as part of the investigation of the case, whether or not
			 acquired through a subpoena related to the investigation of the licensee. The
			 prosecutor is not required to produce or provide any document that is
			 privileged by law.
3. A party may
			 not serve any interrogatories on another party or take any depositions relating
			 to the case.
Added to NAC
				by Bd. of Accountancy by
				R117-15,
				eff. 4/4/2016
NRS 628.120,
				  628.160
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.930 - Meeting or conference of parties before hearing

Current through June 11, 2024
The parties to a disciplinary proceeding shall, not later than
				20 days before the hearing, meet or confer and:
1. Exchange copies of all documents that each
			 party intends to offer as evidence in support of its case.
2. Identify, describe or produce all tangible
			 things, other than documents, that each party intends to offer as evidence in
			 support of its case and, if requested, arrange for the opposing party to
			 inspect, copy, test or sample such evidence under reasonable
			 supervision.
3. Exchange written
			 lists of persons that each party intends to call as witnesses in support of its
			 case. The list must identify each witness by name and position and, if known,
			 business address. If no business address is available, the party intending to
			 call the witness shall disclose the home address of the witness or make the
			 witness available for service of process. The list must also include, for each
			 witness, a summary of the proposed testimony and the purpose for which the
			 witness will be called.
Added to NAC
				by Bd. of Accountancy by
				R117-15,
				eff. 4/4/2016
NRS 628.120,
				  628.160
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.935 - Prehearing conference

Current through June 11, 2024
1. The President or
			 presiding officer of the Board, the chair or presiding officer of the hearing
			 panel or the hearing officer may, upon his or her own motion or a motion by a
			 party, hold a prehearing conference not later than 10 days before a hearing to:
(a) Formulate or simplify the issues involved
			 in the proceeding;
(b) Obtain an
			 admission of fact or stipulation of the parties;
(c) Arrange for the exchange of prefiled
			 direct testimony of a witness ordered by the Board or hearing panel or
			 officer;
(d) Limit the number of
			 witnesses;
(e) Rule on any pending
			 procedural motions, motions for discovery or motions for protective orders;
			 or
(f) Establish any other
			 procedure which may expedite the orderly conduct and disposition of the
			 proceeding.
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.940 - Motions

Current through June 11, 2024
1. Except as otherwise provided in this
			 chapter or chapter 628 of NRS, or as permitted by the Board or hearing panel or
			 officer, to request a ruling from the Board or hearing panel or officer on any
			 issue of law or procedure in a case, a party must file a written motion with
			 the Board or hearing panel or officer.
2. A party may file only the following
			 prehearing motions:
(a) A motion requesting a
			 continuance or an extension of time.
(b) A motion requesting, for good cause, the
			 recusal of a member of the Board, a member of the hearing panel or the hearing
			 officer from participation in the case.
(c) A motion requesting the separation of
			 consolidated cases.
(d) A motion
			 requesting a more definite statement regarding the allegations in the complaint
			 on the ground that there is not enough information in the complaint to
			 formulate a defense.
(e) A motion
			 requesting dismissal of the complaint for failure to state facts which, if
			 true, would form a sufficient basis for discipline.
(f) With prior leave of the President or
			 presiding officer of the Board, the chair or presiding officer of the hearing
			 panel or the hearing officer, any other motion requesting appropriate action or
			 relief before the date of the hearing.
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.945 - Posthearing motions; rehearing and reconsideration; vacation and modification of final decision

Current through June 11, 2024
1. After the close
			 of the hearing, a party may file only the following motions:
(a) A motion requesting a
			 rehearing.
(b) A motion requesting
			 reconsideration of the findings and recommendations of the hearing panel or
			 officer or the final decision of the Board.
(c) A motion requesting that the final
			 decision of the Board be vacated or modified.
(d) With leave of the Board or hearing panel
			 or officer, any other motion requesting appropriate action or relief after the
			 close of the hearing.
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.950 - Limitations on communications with Board, hearing panel or hearing officer

Current through June 11, 2024
A party shall not communicate either directly or indirectly
				with any member of the Board, any member of the hearing panel or the hearing
				officer about any issue of fact or law related to the case unless the
				communication:
1. Is part of a
			 pleading, motion or other document that is properly filed and served on all
			 parties; or
2. Occurs while all
			 parties are present or occurs during a meeting or hearing for which all parties
			 have been given proper notice, whether or not all parties are present at that
			 meeting or hearing.
Added to NAC
				by Bd. of Accountancy by
				R117-15,
				eff. 4/4/2016
NRS 628.120,
				  628.160
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.955 - Stipulations

Current through June 11, 2024
1. With the approval of the President or
			 presiding officer of the Board, the chair or presiding officer of the hearing
			 panel or the hearing officer presiding over and conducting a hearing concerning
			 a disciplinary proceeding, the parties to the disciplinary proceeding may
			 stipulate as to any fact in issue, either by written stipulation introduced in
			 evidence as an exhibit or by an oral statement made upon the record. The
			 stipulation is binding only upon the parties so stipulating and is not binding
			 upon the Board or hearing panel or officer.
2. A stipulation may be considered by the
			 Board or hearing panel or officer as evidence at a hearing concerning the
			 disciplinary proceeding. Notwithstanding the stipulation of the parties, the
			 Board or hearing panel or officer may require proof of the facts stipulated to
			 by independent evidence.
Added to NAC
				by Bd. of Accountancy by
				R117-15,
				eff. 4/4/2016
NRS 628.120,
				  628.160
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.960 - Effect of failure to appear

Current through June 11, 2024
1. If a party fails
			 to appear at a scheduled hearing and a continuance has not been scheduled or
			 granted, any party who is present at the hearing may make an offer of proof
			 that the absent party was given sufficient legal notice. Upon a determination
			 by the Board or hearing panel or officer that the absent party was given
			 sufficient legal notice, the Board or hearing panel or officer may proceed to
			 consider and dispose of the case without the participation of the absent
			 party.
2. If the licensee fails to
			 appear at a hearing, the Board or hearing panel or officer may accept the
			 allegations against the licensee in the complaint as true.
Added to NAC
				by Bd. of Accountancy by
				R117-15,
				eff. 4/4/2016
NRS 628.120,
				  628.160
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.965 - Judicial review

Current through June 11, 2024
1. Except as
			 otherwise provided in the Nevada Constitution, a party may not seek any type of
			 judicial intervention or review of a contested case until after the contested
			 case results in a final decision of the Board.
2. Except as otherwise provided in this
			 section, a party may seek judicial review of a final decision of the Board in
			 accordance with the provisions of chapter 233B of NRS that apply to a contested
			 case.
3. Notwithstanding the
			 provisions of subsection 1 of
			 NRS
			 233B.131 regarding transmittal of the record
			 of the proceeding under judicial review:
(a)
			 The party filing the petition for judicial review shall provide an original or
			 certified copy of the transcript of the hearing to the reviewing court;
			 and
(b) The Board will provide an
			 original or certified copy of the remainder of the record of the proceeding
			 under review to the reviewing court.
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.970 - Requirements in cases involving revocation of license; procedure for issuance of license

Current through June 11, 2024
1. If the Board
			 revokes the license of a person in a contested case pursuant to this chapter
			 and chapter 628 of NRS, the Board will, in the final decision of the Board
			 ordering the revocation, prescribe a period during which the person may not
			 apply for a new license. The period must not be more than 5 years.
2. In addition to any other requirements set
			 forth in this chapter or chapter 628 of NRS, if a person applies for a new
			 license after his or her previous license was revoked in a contested case
			 pursuant to this chapter and chapter 628 of NRS, the person shall:
(a) Submit an application on a form supplied
			 by the Board.
(b) Satisfy all the
			 current requirements for the issuance of an initial license.
(c) Attest that, in this State or any other
			 jurisdiction:
(1) The person has not, during
			 the period of revocation, violated any state or federal law governing the
			 practice of public accounting or any related occupation or profession, and no
			 criminal or civil action involving such a violation is pending against the
			 person; and
(2) No other regulatory
			 body having jurisdiction over the practice of public accounting or any related
			 occupation or profession has, during the period of revocation, taken
			 disciplinary action against the person, and no such disciplinary action is
			 pending against the person.
(d) Satisfy any additional requirements for
			 reinstatement of the license prescribed by the Board, including, without
			 limitation, any applicable requirement of NAC
			 628.110.
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.975 - Publication of decisions

Current through June 11, 2024
Decisions of the Board that result from a contested case will
				be made public. Decisions to dismiss a matter before the filing of a complaint
				pursuant to NAC 628.895 will not be made public, unless the respondent requests
				that this be done.
[Bd. of Accountancy,
				Art. 9 § 6, eff. 5-13-82] - (Substituted in revision for NAC 628.280 ) -
				(NAC A by R117-15, eff. 4-4-2016) - (Substituted in revision for NAC 628.280;
				628.450
				)
NRS 628.120,
				  628.160,
				  628.390
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.980 - Petition for declaratory order or advisory opinion

Current through June 11, 2024
1. Any
			 interested person may petition the Board for a declaratory order or an advisory
			 opinion as to the applicability of any statutory provision or any regulation or
			 decision of the Board.
2. Before
			 issuing an order or opinion, the Board may:
(a) Request that the petitioner or any other
			 person appear before the Board or provide additional information relating to
			 the petition.
(b) Consider any
			 information relevant to the petition including, without limitation, taking
			 testimony and receiving evidence on the petition.
Nevada Administrative Code › Chapter 628 - Accountants › PRACTICE BEFORE THE BOARD › Section 628.985 - Petition to adopt, file, amend or repeal regulation

Current through June 11, 2024
1. Any interested person may submit a written
			 petition for the Board to adopt, file, amend or repeal a regulation. The
			 petition must set forth the reasons for the petition and be accompanied by the
			 full text of the regulation to be adopted, filed, amended or
			 repealed.
2. The Board may refuse
			 to act upon a petition for the adoption, filing, amendment or repeal of a
			 regulation if the petition does not contain the information required by
			 subsection 1.
3. Within 30 days
			 after a petition is submitted pursuant to subsection 1, the Board will:
(a) Notify the petitioner in writing of its
			 decision to deny the petition and the reasons for the denial; or
(b) Initiate the adoption, amendment or
			 repeal of the regulation in accordance with the procedures set forth in chapter
			 233B of NRS.
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › GENERAL PROVISIONS › Section 628B.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 628B.020, 628B.030 and 628B.040 have the
				meanings ascribed to them in those sections.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › GENERAL PROVISIONS › Section 628B.020 - "Certified guardian" defined

Current through June 11, 2024
"Certified guardian" has the meaning ascribed to it in
				subsection 3 of
				NRS
				159.0595.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › GENERAL PROVISIONS › Section 628B.030 - "Licensee" defined

Current through June 11, 2024
"Licensee" means a person licensed to engage in the business of
				a private professional guardian pursuant to chapter 628B of NRS.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › GENERAL PROVISIONS › Section 628B.040 - "Place of business" defined

Current through June 11, 2024
"Place of business" means the physical location used by a
				licensee to engage in the business of a private professional guardian as
				designated in the license issued to the licensee pursuant to chapter 628B of
				NRS.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › LICENSES › Section 628B.100 - Submission by applicant of proof of citizenship or lawful entitlement to work in United States and residency; exception (Repealed)

Current through June 11, 2024
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016;	R by
				R098-23A,
				eff. 6/6/2024
NRS 628B.210, 658.105, 662.115, 672.250, 676A.370, 676A.410,
				  677.380
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › LICENSES › Section 628B.110 - Possession by licensee of applicable license, registration and permit required to conduct business; compliance of place of business with applicable planning and zoning ordinances

Current through June 11, 2024
A licensee shall not engage in any business of a private
				professional guardian unless, in addition to satisfying all the requirements
				set forth in this chapter and chapter 628B of NRS.
1. The licensee possesses each license,
			 registration and permit required by this State or a local governmental entity
			 as a condition to conducting business; and
2. The place of business of the licensee
			 complies with the provisions of all applicable planning and zoning
			 ordinances.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › LICENSES › Section 628B.120 - Notification to Commissioner by licensee or applicant of change in certain information, financial status, bonding, convictions or pleas or employment

Current through June 11, 2024
1. A licensee or an applicant for the
			 issuance of a license to engage in the business of a private professional
			 guardian shall notify the Commissioner within 10 days of:
(a) Any change concerning the:
(1) Information provided pursuant to
			 subsections 3 to 6, inclusive, of NRS 628B.310;
(2) Financial status of the licensee or
			 applicant, including, without limitation, any new filing for bankruptcy, change
			 in the solvency of the business of the licensee or applicant, or lien taken on
			 any real property in the name of the licensee or applicant; or
(3) Equity, fidelity and surety bonds
			 required pursuant to NRS 628B.540; or
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › STANDARDS OF PRACTICE › Section 628B.300 - Place of business: Location

Current through June 11, 2024
1. The place of
			 business of a licensee must be nonresidential unless an exemption is granted by
			 the Commissioner.
2. If the
			 Commissioner grants an exemption pursuant to subsection 1, any meeting that may
			 be required during any licensing or examination process must be conducted at
			 the closest office of the Division.
3. A licensee shall not engage in the
			 business of a private professional guardian within any office, suite, room or
			 business location in which any other business of a private professional
			 guardian is solicited or engaged, or in association or conjunction with any
			 other business of a private professional guardian, unless the licensee receives
			 prior written approval from the Commissioner.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › STANDARDS OF PRACTICE › Section 628B.310 - Place of business: Approval of Commissioner required to change

Current through June 11, 2024
1. A licensee shall not move the place of
			 business of the licensee without first requesting approval from the
			 Commissioner in writing, on a form prescribed by the Commissioner, and
			 obtaining the approval of the Commissioner.
2. If the Commissioner approves a change in
			 the place of business of a licensee, the Commissioner will note the change on
			 the face of the license of the licensee and enter a notation of the change in
			 the record maintained pursuant to NRS 628B.220.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › STANDARDS OF PRACTICE › Section 628B.320 - Foreign branch offices: Request for approval and licensing to operate; conditions for approval by Commissioner

Current through June 11, 2024
1. A request for
			 approval and licensing to operate a branch office outside this State that is
			 filed with the Commissioner pursuant to subsection 3 of NRS 628B.530 must
			 contain:
(a) The applicable information
			 required by NRS 628B.310 for the application for a license to engage in the
			 business of a private professional guardian in this State; and
(b) Proof satisfactory to the Commissioner
			 that each branch office located outside this State will have a private
			 professional guardian or a certified guardian involved in the day-to-day
			 operation or management of the branch office.
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › STANDARDS OF PRACTICE › Section 628B.330 - Display of copy of license on Internet website of licensee

Current through June 11, 2024
In addition to the requirement set forth in NRS 628B.510, that
				the license of a licensee must be conspicuously displayed in the place of
				business designated in the license, a licensee shall display a copy of the
				license of the licensee on each website that the licensee uses for the purpose
				of soliciting new business or providing general information about the business
				services of the licensee.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › STANDARDS OF PRACTICE › Section 628B.340 - Posting of notice of rights regarding concerns or complaints; contents and form of notice

Current through June 11, 2024
1. A licensee shall
			 post in a conspicuous place in each location at which the licensee engages in
			 the business of a private professional guardian and on each website the
			 licensee uses for the purpose of soliciting new business or providing general
			 information about the business services of the licensee a notice that states
			 the toll-free telephone number of the Office of the Commissioner for the
			 purpose of handling concerns or complaints regarding licensees. The notice must
			 be in substantially the following form:
NOTICE OF RIGHT TO CONTACT THE OFFICE OF THE COMMISSIONER OF
				FINANCIAL INSTITUTIONS REGARDING CONCERNS OR COMPLAINTS
You may contact the Office of the Commissioner of Financial
				Institutions regarding concerns or complaints about the licensee with whom you
				are dealing by calling the following toll-free telephone number in Nevada:
				(866) 858-8951.
2. If the
			 notice required by subsection 1 is printed, it must be in boldface type.
			 Information that must be printed in all upper case letters, and the telephone
			 number, must be printed in at least 18-point type. All other information must
			 be printed in at least 16-point type.
3. If the notice required by subsection 1 is
			 handwritten or displayed digitally or by other electronic means, it must be in
			 characters that are equivalent in intensity, legibility and size to the
			 characters required for printed matter.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › STANDARDS OF PRACTICE › Section 628B.350 - Maintenance of records concerning protected persons and documentation concerning license

Current through June 11, 2024
A licensee shall maintain all records concerning each of the
				protected persons of the licensee and all documentation concerning the license
				of the licensee for at least 6 years after the completion of the last
				transaction concerning a guardianship account maintained for a protected person
				or the licensee's service as a private professional guardian, whichever is
				later.
Added to NAC
				by Commr of Financial Institutions by
				R002-16A,
				eff. 6/28/2016
NRS 628B.210
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › STANDARDS OF PRACTICE › Section 628B.360 - Translation of documents used by licensee written in language other than English; qualifications of interpreter; contents of certificate issued by interpreter; assessment of costs to verify compliance

Current through June 11, 2024
1. A licensee that uses a form or standard
			 document written in a language other than English shall have the document
			 translated into English and maintain together a copy of the document and its
			 English translation.
2. A document
			 translated pursuant to this section must be:
(a) Translated by an interpreter who is:
(1) Certified by the Court Administrator in
			 accordance with the provisions of
			 NRS
			 1.510 and regulations adopted pursuant
			 thereto; or
(2) Approved in writing
			 by the Division.
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › STANDARDS OF PRACTICE › Section 628B.370 - Restrictions on private professional guardian company having certain private professional guardians or certified guardians involved in day-to-day operation or management of company; exemption

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, a private professional guardian company
			 shall not have a private professional guardian or a certified guardian involved
			 in the day-to-day operation or management of the company if the private
			 professional guardian or certified guardian is serving in that capacity for
			 another private professional guardian company.
2. A private professional guardian company is
			 exempt from the provisions of subsection 1 if the private professional guardian
			 company submits a written request to the Commissioner and the Commissioner
			 approves the request.
3. The
			 Commissioner may revoke the approval given pursuant to subsection 2 at any time
			 if the Commissioner determines that:
(a)
			 Confusion exists in the general public with regard to dealing with different
			 private professional guardian companies that have the same private professional
			 guardian or certified guardian involved in the day-to-day operation or
			 management of each company;
(b) The
			 various business functions of different private professional guardian companies
			 that have the same private professional guardian or certified guardian involved
			 in the day-to-day operation or management of each company are likely to be or
			 are being merged or commingled or, in the opinion of the Commissioner, are
			 otherwise being conducted in a manner that may be deleterious to the best
			 interests of the public or the industry of private professional
			 guardians;
(c) Improper or abusive
			 methods are being used by a private professional guardian company that has the
			 same private professional guardian or certified guardian involved in the
			 day-to-day operation or management of the company as another private
			 professional guardian company; or
(d) A private professional guardian company
			 that has the same private professional guardian or certified guardian involved
			 in the day-to-day operation or management of the company as another private
			 professional guardian company is not conducting its affairs in compliance with
			 this chapter and chapter 628B of NRS.
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › FEES › Section 628B.500 - Fees for licenses, branch offices and examinations of records; late fee for reports; billing for fee or assessment

Current through June 11, 2024
1. The
			 Commissioner will charge and collect the following fees:
Application fee
			 for a license to engage in the business of a private professional guardian
			 $500
Initial fee for a license to engage in the business of a
			 private professional
			 guardian.............................................................................................750
Renewal fee for a license to engage in the business of a private
			 professional
			 guardian.............................................................................................500
Fee for a request for approval and licensing to operate a branch office
			 outside this
			 State.....................................................................................................................500
Fee for each branch office authorized by the
			 Commissioner...................................................250
Renewal fee for each branch office authorized by the
			 Commissioner.....................................250
Hourly fee
			 for the examination of the books, papers, records and effects of a private
			 professional guardian company required pursuant to chapter 628B of NRS and the
			 preparation of a report of the
			 examination......................................................................75
Fee for each day a report is late pursuant to subsection 4 of NRS
			 628B.590..................... 10
2. The Commissioner will bill each licensee
			 for any fee or assessment imposed pursuant to the provisions of this chapter or
			 chapter 628B of NRS. The licensee shall pay the fee within 30 days after the
			 date the licensee receives the bill.
3. Any fee authorized by this chapter or
			 chapter 628B of NRS must not be assessed directly to the estate of any
			 protected person.
Added to NAC by Commr
			 of Financial Institutions by
			 R002-16A,
			 eff. 6/28/2016
NRS 628B.210, 628B.310,
			 628B.370, 628B.530, 628B.560,
			 628B.590
Nevada Administrative Code › Chapter 628B - Private Professional Guardians › ADMINISTRATIVE PROCEEDINGS › Section 628B.800 - Hearing after noncompliance with order to cease and desist: Effect of failure to appear without waiver or continuance; authority of Commissioner to proceed or recess the matter

Current through June 11, 2024
If an opportunity for a hearing is provided to
			 a person pursuant to subsection 3 of NRS 628B.930 and the person fails to
			 appear at the hearing without obtaining a waiver of appearance or requesting or
			 being granted a continuance:
1. Such
			 failure shall be deemed to be:
(a) An
			 admission of all matters and facts contained in the verified complaint received
			 by the Commissioner pursuant to subsection 1 of NRS 628B.930; and and
(b) A waiver of the right to an evidentiary
			 hearing.
Nevada Administrative Code › Chapter 629 - Healing Arts Generally › HEALTH CARE RECORDS › Section 629.050 - Disclosure concerning destruction of records: Title of statement to be posted on Internet by State Board of Health and certain other regulatory boards

Current through June 11, 2024
A statement required by
				NRS
				629.053 must be titled "Notice to Patients
				Regarding the Destruction of Health Care Records."
Added to NAC by Bd. of
				Health by R101-10, eff. 1-13-2011
NRS
				  629.053
Nevada Administrative Code › Chapter 629 - Healing Arts Generally › HEALTH CARE RECORDS › Section 629.060 - Disclosure concerning destruction of records: Form and placement of sign to be posted by providers of health care

Current through June 11, 2024
1. Each sign
			 required by subsection 2 of
			 NRS
			 629.051 to be posted by providers of health
			 care must:
(a) Be not less than 8 1/2 inches
			 in height and 11 inches in width, with margins not greater than 1 inch on any
			 side;
(b) Pursuant to subsection 2
			 of
			 NRS
			 629.051, be posted in a conspicuous place in
			 each location at which the provider of health care performs health care
			 services and at each facility that maintains the health care records of
			 patients;
(c) Disclose to a patient
			 that the health care records of the patient may be destroyed in accordance with
			 NRS
			 629.051;
(d) Be written using a single typeface in not
			 less than 20-point type; and
(e) Be
			 titled "Notice to Patients Regarding the Destruction of Health Care
			 Records."
Nevada Administrative Code › Chapter 629 - Healing Arts Generally › HEALTH CARE RECORDS › Section 629.070 - Disclosure concerning destruction of records: Requirements for written statement by provider of health care to first-time patients

Current through June 11, 2024
Each written statement required by subsection 3 of
				NRS
				629.051 must:
1. Disclose to the patient that the health
			 care records of the patient may be destroyed in accordance with
			 NRS
			 629.051; and
2. Be titled "Notice to Patients Regarding
			 the Destruction of Health Care Records."
Added to NAC by Bd. of
				Health by R101-10, eff. 1-13-2011
NRS
				  629.051
Nevada Administrative Code › Chapter 629 - Healing Arts Generally › GENETIC INFORMATION › Section 629.100 - Requirements for obtaining, retaining or disclosing genetic information

Current through June 11, 2024
1. A person, governmental agency or political
			 subdivision of a government that wishes to obtain genetic information of a
			 person, retain genetic information that identifies a person, disclose or compel
			 a person to disclose the identity of a person who was the subject of a genetic
			 test or to disclose genetic information of a person in a manner that allows
			 identification of the person must first:
(a)
			 Inform the person who is the subject of the genetic test or his or her legal
			 guardian of the restricted uses and confidentiality of the genetic information
			 set forth in
			 NRS 629.101 to
			 629.201,
			 inclusive; and
(b) Obtain from the
			 person who is the subject of the genetic test or his or her legal guardian the
			 consent document described in NAC 629.110. The consent document must be signed
			 and dated by the person who is the subject of the test or his or her legal
			 guardian and must be witnessed by another person.
Nevada Administrative Code › Chapter 629 - Healing Arts Generally › GENETIC INFORMATION › Section 629.110 - Form and content of consent document for obtaining, retaining or disclosing genetic information

Current through June 11, 2024
The consent document for obtaining genetic information of a
				person must be in substantially the following form:
CONSENT FOR OBTAINING, RETAINING OR
DISCLOSING GENETIC INFORMATION
As used in this document, "genetic information" means any
				information that is obtained from a genetic test.
1. I understand that no insurer or
			 corporation that provides health insurance, carrier serving small employers or
			 health maintenance organization may:
(a)
			 Require me or any member of my family to take a genetic test;
(b) Require me to disclose whether I or any
			 member of my family has taken a genetic test;
(c) Request my genetic information or the
			 genetic information of a member of my family; or
(d) Determine the rates or any other aspect
			 of the coverage or benefits for health care for me or my family based on
			 whether I or any member of my family has taken a genetic test or based on my
			 genetic information or the genetic information of any member of my
			 family.
Nevada Administrative Code › Chapter 629 - Healing Arts Generally › VOLUNTARY HEALTH CARE SERVICE › Section 629.150 - Registration; provision of certain information concerning additional providers of health care; approval

Current through June 11, 2024
1. Except as
			 otherwise provided in section 4, not less than 10 business days before
			 organizing or arranging for the provision of voluntary health care service in
			 this State, a sponsoring organization must register with the Division pursuant
			 to
			 NRS
			 629.460 by submitting to the Division a form
			 prescribed by the Division. In addition to the information required by
			 subsection 1 of
			 NRS
			 629.460, the form must:
(a) State the address of the physical
			 location at which the voluntary health care service will be provided;
(b) State the dates and times during which
			 the voluntary health care service will be provided;
(c) Identify each provider of health care
			 intending to provide voluntary health care service for the sponsoring
			 organization, including, without limitation:
(1) The name and profession of the provider
			 of health care; and
(2) The number,
			 expiration date and state of issuance of the professional license of the
			 provider of health care; and
(d) Describe each type of voluntary health
			 care service to be provided.
Nevada Administrative Code › Chapter 629 - Healing Arts Generally › VOLUNTARY HEALTH CARE SERVICE › Section 629.160 - Exemption from requirement to submit quarterly report

Current through June 11, 2024
If no provider of health care provided voluntary health care
				service in association with a sponsoring organization during the immediately
				preceding calendar quarter, the sponsoring organization is not required to
				submit the quarterly report required by paragraph (b) of subsection 2 of NRS
				NRS
				629.460.
Added to NAC
				by Bd. of Health by
				R067-16A,
				eff. 12/21/2016
NRS
				NRS 629.490
Nevada Administrative Code › Chapter 629 - Healing Arts Generally › VOLUNTARY HEALTH CARE SERVICE › Section 629.170 - Limitation on applicability of certain provisions during emergency or disaster

Current through June 11, 2024
1. The provisions
			 of this section and sections 2 and 3 do not apply to the provision of voluntary
			 health care service in this State during an emergency or disaster.
2. As used in this section:
(a) "Disaster" has the meaning ascribed to it
			 in NRS
			 NRS
			 414.0335.
(b) "Emergency" has the meaning ascribed to
			 it in NRS
			 NRS
			 414.0345.
Nevada Administrative Code › Chapter 630 - Physicians, Physician Assistants, Medical Assistants, Perfusionists and Practitioners of Respiratory Care › Section 630.Sec. 1 - NEW

Current through June 11, 2024
A licensee may apply to the Board to change the status of his or
			 her license to practice medicine, practice as an anesthesiologist assistant,
			 practice perfusion or practice respiratory care to retired by filing with the
			 Board a notice in writing that states the intention of the licensee to retire
			 from active practice. Upon the provision of such notice, the Board will change
			 the status of the license to retired if:
1. The licensee is otherwise in good
		  standing;
2. There are no complaints
		  or investigations pending against the licensee; and
3. No disciplinary action is pending against
		  the licensee.
Added
			 to NAC by Bd. of Medical Exam'rs by
			 R118-21A,
			 eff. 6/2/2023; A by
			 R069-23A,
			 eff. 4/19/2024
NRS
				630.130 and section 10 of Assembly Bill No.
				270, chapter 247, Statutes of Nevada 2023, at page
				1548
Nevada Administrative Code › Chapter 630 - Physicians, Physician Assistants, Medical Assistants, Perfusionists and Practitioners of Respiratory Care › Section 630.Sec. 1.3 - NEW

Current through June 11, 2024
1. An application for licensure by
		  endorsement as a practitioner of respiratory care must be made on a form
		  supplied by the Board. The application must include:
(a) The date of birth and the birthplace of
		  the applicant, his or her sex and the various places of his or her residence
		  after reaching 18 years of age;
(b)
		  The education of the applicant, including, without limitation, all high
		  schools, postsecondary institutions and professional institutions attended, the
		  length of time in attendance at each high school or institution and whether he
		  or she is a graduate of those schools and institutions;
(c) Whether the applicant has ever applied
		  for a license or certificate as a practitioner of respiratory care in the
		  District of Columbia or in another state or territory of the United States and,
		  if so, when and where and the results of his or her application;
(d) The professional training and experience
		  of the applicant;
(e) Whether the
		  applicant has been disciplined by the corresponding regulatory authority of the
		  District of Columbia or any state or territory of the United States in which
		  the applicant currently holds or has held a license to engage in the practice
		  of respiratory care;
(f) Whether
		  the applicant has been held civilly or criminally liable in the District of
		  Columbia or any state or territory of the United States for misconduct relating
		  to his or her license to engage in the practice of respiratory care;
(g) Whether the applicant has had a license
		  to engage in the practice of respiratory care suspended or revoked in the
		  District of Columbia or any state or territory of the United States;
(h) Whether the applicant has pending any
		  disciplinary action concerning his or her license to engage in the practice of
		  respiratory care in the District of Columbia or any state or territory of the
		  United States;
(i) Whether the
		  applicant has ever been convicted of a felony or an offense involving moral
		  turpitude;
(j) Whether the
		  applicant has ever been investigated for, charged with or convicted of the use,
		  illegal sale or distribution of controlled substances; and
(k) A public address where the applicant may
		  be contacted by the Board.
Nevada Administrative Code › Chapter 630 - Physicians, Physician Assistants, Medical Assistants, Perfusionists and Practitioners of Respiratory Care › Section 630.Sec. 1.4 - NEW

Current through June 11, 2024
1. An application for licensure by
		  endorsement as a perfusionist must be made on a form supplied by the Board. The
		  application must include:
(a) The date and
		  place of birth of the applicant;
(b) The gender of the applicant;
(c) The education of the applicant,
		  including, without limitation, each high school and postsecondary institution
		  attended by the applicant, the dates of attendance and whether the applicant is
		  a graduate of those schools and institutions;
(d) Whether the applicant has ever applied
		  for a license or certificate to practice perfusion in the District of Columbia
		  or in another state or territory of the United States and, if so, when and
		  where and the results of his or her application;
(e) The training and experience of the
		  applicant in the practice of perfusion;
(f) Whether the applicant has been
		  disciplined by the corresponding regulatory authority of the District of
		  Columbia or any state or territory of the United States in which the applicant
		  currently holds or has held a license to practice perfusion;
(g) Whether the applicant has been held
		  civilly or criminally liable in the District of Columbia or any state or
		  territory of the United States for misconduct relating to his or her license to
		  practice perfusion;
(h) Whether the
		  applicant has had a license to practice perfusion suspended or revoked in the
		  District of Columbia or any state or territory of the United States;
(i) Whether the applicant has pending any
		  disciplinary action concerning his or her license to practice perfusion in the
		  District of Columbia or any state or territory of the United States;
(j) If the applicant has ever been convicted
		  of a felony or an offense involving moral turpitude, the dates, circumstances
		  and disposition of each such occurrence;
(k) If the applicant has ever been
		  investigated for, charged with or convicted of the use, illegal sale or
		  dispensing of a controlled substance, the dates, circumstances and disposition
		  of each such occurrence; and
(l)
		  Each place of residence of the applicant after the date of graduation of the
		  applicant from high school or the receipt by the applicant of a high school
		  general equivalency diploma, whichever occurred most recently.
Nevada Administrative Code › Chapter 630 - Physicians, Physician Assistants, Medical Assistants, Perfusionists and Practitioners of Respiratory Care › Section 630.Sec. 2 - NEW

Current through June 11, 2024
1. Each sign required to be posted by a
		  licensee pursuant to subsection 2 of
		  NRS
		  630.139 must:
(a) Be not less than 8 1/2 inches in height
		  and 11 inches in width, with margins not greater than 1 inch on any
		  side;
(b) Be posted in a
		  conspicuous place in each location at which the licensee provides health care
		  services;
(c) Disclose to a patient
		  that the Board may access the health care records of the patient pursuant to
		  subsection 1 of NRS
		  630.139;
(d) Be written using a single typeface in not
		  less than 20-point type; and
(e) Be
		  titled "Notice to Patients Regarding Access to Health Care
		  Records."
Nevada Administrative Code › Chapter 630 - Physicians, Physician Assistants, Medical Assistants, Perfusionists and Practitioners of Respiratory Care › Section 630.Sec. 2.1 - NEW

Current through June 11, 2024
1. A physician may supervise an advanced
		  esthetician in the performance of a nonablative esthetic medical procedure
		  pursuant to NRS
		  644A.545 if the procedure is within the scope
		  of practice of the physician.
2. A
		  physician assistant may supervise an advanced esthetician in the performance of
		  a nonablative esthetic medical procedure pursuant to
		  NRS
		  644A.545 if:
(a) The procedure is within the scope of
		  practice of the physician assistant; and
(b) The supervision is supervised by the
		  supervising physician of the physician assistant in accordance with NAC
		  630.360,
		  630.370 and
		  630.375.