reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 127 - Adoption of Children › AGENCIES WHICH PROVIDE CHILD WELFARE SERVICES › Adoption or Placement of Child With Special Needs › Section 127.505 - Health insurance

Current through June 11, 2024
1. An agency which provides child welfare services shall provide health insurance, through one or more state or county programs for medical assistance, for any child:
(a) Determined to be a child with special needs for whom there is in effect an agreement for adoption assistance between the agency and the adoptive parent, other than an agreement under the federal adoption assistance program under Part E of Title IV of the Social Security Act, 42 U.S.C. §§
											670 et seq.; and
(b) Who the agency has determined cannot be placed for adoption without medical assistance because of the special needs of the child for medical, mental health or rehabilitative care.
Nevada Administrative Code › Chapter 127 - Adoption of Children › AGENCIES WHICH PROVIDE CHILD WELFARE SERVICES › Adoption or Placement of Child With Special Needs › Section 127.510 - Placement with resident of another state

Current through June 11, 2024
1. An agency which provides child welfare services shall develop and implement policies to ensure the placement of a child with special needs with a resident of another state who has been approved by his or her state of residence to adopt the child if the out-of-state resident appears to be a suitable placement candidate.
2. An agency which provides child welfare services shall respond with reasonable promptness to a request by a resident of another state for the placement of a child through adoption.
3. An agency which provides child welfare services shall not delay or deny the placement of a child in accordance with this section when an approved family is available outside the jurisdiction of the agency.
4. An agency which provides child welfare services shall grant a fair hearing to a person approved to adopt a child who alleges that the agency delayed or denied placement of a child with the person because the person resides outside the jurisdiction of the agency. The provisions of NAC 127.500 apply to requests for hearings and hearings held pursuant to this subsection.
[Added to NAC by Div. of Child & Fam. Services by R067-99, eff. 11-8-99; A by R056-02, 7-30-200]2- (Substituted in revision for NAC 127.370 )
NRS 127.230
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise
			 requires, the words and terms defined in NAC 178.020  to 178.080,
			 inclusive, and section 2 of this regulation have the meanings
			 ascribed to them in those sections.
Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004;	A by
			 R181-18A,
			 eff. 2/25/2021
NRS 178.417
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.030 - "Certificate" defined

Current through June 11, 2024
"Certificate" means a certificate issued by the Division to provide a report or an evaluation concerning the competency of a defendant to stand trial.
Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004
NRS 178.417
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.040 - "Clinical social worker" defined

Current through June 11, 2024
"Clinical social worker" means a person who is licensed to engage in social work as a clinical social worker pursuant to the provisions of chapter 641B of NRS.
Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004
NRS 178.417
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.050 - "Division" defined (Repealed)

Current through June 11, 2024
Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004;	R by
			 R181-18A,
			 eff. 2/25/2021
NRS 178.417
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.060 - "Evaluator of competency" defined

Current through June 11, 2024
"Evaluator of competency" means a person who has been issued a certificate.
Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004
NRS 178.417
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.070 - "Psychiatrist" defined

Current through June 11, 2024
"Psychiatrist" means a person who is:
1. Licensed to practice medicine in this State pursuant to the provisions of chapter 630 of NRS and has completed residency training in psychiatry; or
2. Certified by the American Board of Psychiatry and Neurology, Inc.
Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004
NRS 178.417
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.080 - "Psychologist" defined

Current through June 11, 2024
"Psychologist" means a person who is licensed to engage in the practice of psychology pursuant to the provisions of chapter 641 of NRS.
Added to NAC by Div. of Men. Health & Dev. Services by R228-03, eff. 4-5-2004
NRS 178.417
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.100 - Certificate: Application and fee; action by Division; appeal of denial; period for renewal

Current through June 11, 2024
1. Each
		  person desiring a certificate must make application to the Division
		  upon a form, and in a manner, prescribed by the Division.
2. The application must be
		  accompanied by:
(a) Evidence
		  satisfactory to the Division that the applicant:
(1) Is a clinical social worker,
		  psychiatric advanced practice registered nurse, psychiatrist or
		  psychologist;
(2) Attended
		  and completed the course of training established pursuant to NAC
		  178.110; and
(3) Passed
		  the examination administered by the Division pursuant to the
		  provisions of subsection 4 of NRS 178.417; and
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.110 - Course of training required for initial issuance of certificate

Current through June 11, 2024
1. The Division will establish a course of training for persons desiring the initial issuance of a certificate.
2. The course of training must include instruction on:
(a) The statutes and case law relevant to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(b) The elements of conducting a clinical interview or clinical testing relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(c) The elements of preparing an evaluation report relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(d) The ethical standards and considerations relevant to providing a report or an evaluation concerning the competency of a defendant to stand trial; and
(e) The potential impact on the defendant, the court and the treatment system of a recommendation concerning the competency of a defendant to stand trial.
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.120 - Renewal of certificate: General requirements

Current through June 11, 2024
1. On or before December 31 of each year, the Division will establish the requirements for the renewal of a certificate for the following year.
2. The requirements for renewal of a certificate may include:
(a) Attending and completing a course of instruction relating to providing a report or an evaluation concerning the competency of a defendant to stand trial;
(b) Attending courses of continuing education;
(c) Conducting a review of sample evaluations concerning the competency of a defendant to stand trial; or
(d) Passing an examination relating to providing a report or an evaluation concerning the competency of a defendant to stand trial.
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.130 - Renewal of certificate: Application and fee; action by Division; appeal of denial

Current through June 11, 2024
1. To
		  renew a certificate, an evaluator of competency shall submit an
		  application for the renewal of a certificate to the Division upon a
		  form, and in a manner, prescribed by the Division.
2. The application for the renewal
		  of a certificate must be accompanied by:
(a) Evidence satisfactory to the
		  Division that the evaluator of competency completed the requirements
		  for the renewal of a certificate established pursuant to NAC 178.120;
		  and
(b) A renewal fee of
		  $150 for psychiatrists and psychologists and $75 for clinical social
		  workers and psychiatric advanced practice registered
		  nurses.
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.Sec. 2 - NEW

Current through June 11, 2024
"Psychiatric advanced practice registered nurse" means
			 an advanced practice registered nurse, as that term is defined in NRS 632.012, who has the psychiatric training and experience prescribed
			 by the State Board of Nursing pursuant to NRS 632.120.
Added to NAC by Div. of Men. Health
			 & Dev. Services by
			 R181-18A,
			 eff. 2/25/2021
NRS 178.417
Nevada Administrative Code › Chapter 178 - Certification to Evaluate Competency of Criminal Defendants › Section 178.Sec. 3 - NEW

Current through June 11, 2024
1. The
		  holder of a certificate shall:
(a)
		  Ensure that the report of an examination submitted pursuant to NRS 178.415  contains an explanation of the stated conclusions and
		  adequate data to reasonably support those conclusions; and
(b) Comply with the applicable
		  ethical standards prescribed by the American Academy of Psychiatry
		  and the Law, the American Psychological Association or the National
		  Association of Forensic Social Workers or their successor
		  organizations.
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise
				requires, the words and terms defined in NAC 179A.015 to 179A.037, inclusive,
				have the meanings ascribed to them in those sections.
Supplied in
				codification; A by Dep't of Motor Veh. & Pub. Safety by R099-00, 8-31-2000;
				A by Dep't of Pub. Safety by R023-10, 7-22-2010, & by Central Repository
				for Nev. Records of Crim. Hist. by R045-10,
				7-22-2010
NRS
				  179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.013 - "Authorized recipient" defined

Current through June 11, 2024
"Authorized recipient" means:
1. A nongovernmental entity authorized by
			 federal law or an executive order of the President of the United States to
			 receive information concerning records of criminal history for noncriminal
			 justice purposes; or
2. A
			 government agency authorized by federal law, an executive order of the
			 President of the United States or a state law that has been approved by the
			 Attorney General of the United States to receive information concerning records
			 of criminal history for noncriminal justice purposes.
Added to NAC
				by by
				R019-16A,
				eff. 12/21/2016
NRS
				NRS
				179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.015 - "Central Repository" defined

Current through June 11, 2024
"Central Repository" means the Central Repository for Nevada
				Records of Criminal History.
Added to NAC by Dep't of
				Motor Veh. & Pub. Safety by R099-00, eff.
				8-31-2000
NRS
				  179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.020 - "Custodian of records" defined

Current through June 11, 2024
"Custodian of records" means a person who is employed by the
				Central Repository, an agency of criminal justice or an authorized recipient in
				a position in which he or she has responsibility for the maintenance and
				dissemination of records of criminal history.
Comm'n on Crimes,
				Delinquency and Corrections, No. 1, eff. 10-16-80; A by
				R019-16A,
				eff. 12/21/2016
NRS
				NRS
				179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.031 - "Information relating to records of mental health" defined

Current through June 11, 2024
"Information relating to records of mental health" means
				information contained in a record:
1.
			 Transmitted to the Central Repository pursuant to
			 NRS
			 159.0593,
			 174.035,
			 175.533,
			 175.539,
			 178.425
			 or
			 433A.310;
			 or
2. Transmitted to the National
			 Instant Criminal Background Check System pursuant to
			 NRS
			 179A.163.
Added to NAC by Dep't of
				Pub. Safety by R023-10, eff. 7-22-2010, & by Central Repository for Nev.
				Records of Crim. Hist. by R045-10, eff. 7-22-2010
NRS
				  179A.167
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.034 - "Record of criminal history" defined

Current through June 11, 2024
"Record of criminal history" has the meaning ascribed to it in
				NRS
				179A.070 and includes, without limitation, a
				record of a biometric identifier of a person. As used in this section,
				"biometric identifier" has the meaning ascribed to it in subsection 9 of
				NRS
				179A.075, as amended by section 1 of Assembly
				Bill No. 224, chapter 175, Statutes of Nevada 2015, at page
				841.
Added to NAC
				by Central Repository for Nev. Records of Crim. Hist. by
				R011-16A,
				eff. 12/21/2016
NRS
				179A.075, as amended by section 1 of Assembly
				Bill No. 224, chapter 175, Statutes of Nevada 2015, at page
				841.
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.035 - "Revolving Account" defined

Current through June 11, 2024
"Revolving Account" means the Revolving Account to Investigate
				the Background of Volunteers Who Work With Children created pursuant to
				NRS
				179A.310.
Added to NAC by Dep't of
				Motor Veh. & Pub. Safety by R099-00, eff.
				8-31-2000
NRS
				  179A.310
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.036 - "Security Policy" defined

Current through June 11, 2024
"Security Policy" means the Security Policy of the Criminal
				Justice Information Services Division of the Federal Bureau of Investigation,
				as adopted by reference in section 4 of this regulation.
Added to NAC
				by by
				R019-16A,
				eff. 12/21/2016
NRS
				NRS
				179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.037 - "Volunteer" defined

Current through June 11, 2024
"Volunteer" means:
1.
			 A volunteer of a nonprofit agency who works directly with children;
			 or
2. A prospective volunteer of a
			 nonprofit agency who will work directly with children.
Added to NAC by Dep't of
				Motor Veh. & Pub. Safety by R099-00, eff.
				8-31-2000
NRS
				  179A.310
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.038 - Adoption by reference of Administrative Policies

Current through June 11, 2024
1. The
			 Director hereby adopts by reference the Administrative Policies of the Nevada
			 Criminal Justice Information System, which is available from the Central
			 Repository, free of charge, at 333 West Nye Lane, Suite 101, Carson City,
			 Nevada 89706, or by telephone at (775) 684-6262.
2. The Director or his or her designee will
			 periodically review the standards and requirements in the Administrative
			 Policies and, not later than 30 days after each review, determine whether any
			 change made to the Administrative Policies is appropriate for application. If
			 the Director or his or her designee does not disapprove a change made to the
			 Administrative Policies within 30 days after a review, the change is deemed to
			 be approved by the Director or his or her designee.
Added to NAC
				by by
				R019-16A,
				eff. 12/21/2016
NRS
				NRS
				179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.039 - Adoption by reference of Security Policy

Current through June 11, 2024
1. The Director
			 hereby adopts by reference the Security Policy of the Criminal Justice
			 Information Services Division of the Federal Bureau of Investigation, which is
			 available, free of charge, at the Internet address
https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center
.
2. The Director or his or her designee will
			 periodically review the standards and requirements in the Security Policy and,
			 not later than 30 days after the completion of each review, determine whether
			 any change made to the Security Policy is appropriate for application. If the
			 Director or his or her designee does not disapprove a change made to the
			 Security Policy within 30 days after a review, the change is deemed to be
			 approved by the Director or his or her designee.
Added to NAC
				by by
				R019-16A,
				eff. 12/21/2016
NRS
				NRS
				179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.040 - Security of records generally

Current through June 11, 2024
Each agency of criminal justice and authorized recipient shall
				provide a means of collecting, using, safeguarding, handling, retaining,
				storing, disseminating and destroying its records of criminal history in
				accordance with the provisions of this chapter and chapter 179A of NRS, the
				Security Policy and the Administrative Policies of the Nevada Criminal Justice
				Information System, as adopted by reference in section 5 of this
				regulation.
[Comm'n on Crimes,
				Delinquency and Corrections, No. 5, eff. 10-16-80]-(NAC A by Dep't of Pub.
				Safety by R023-10, 7-22-2010); A by
				R019-16A,
				eff. 12/21/2016
NRS
				NRS
				179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.050 - Authorization for access; instruction of personnel (Repealed)

Current through June 11, 2024
Comm'n on Crimes,
				Delinquency and Corrections, No. 7, eff. 10-16-80; R by
				R019-16A,
				eff. 12/21/2016
NRS
				NRS
				179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.060 - Security of records at repository

Current through June 11, 2024
1. Each person who
			 is engaged in data processing and who has access to information in the records
			 of criminal history at the Central Repository, an agency of criminal justice or
			 an authorized recipient must meet the standards established for employment as a
			 custodian of records pursuant to NAC
			 179A.070 and the standards
			 established in the Security Policy.
2. Only those persons who meet the
			 requirements of subsection 1 or who are specifically authorized by the Central
			 Repository, an agency of criminal justice or an authorized recipient may have
			 access to areas and devices where records of criminal history are stored or
			 accessed.
3. The heads of the
			 Central Repository, each agency of criminal justice and each authorized
			 recipient or their respective designees shall instruct their personnel
			 periodically on policies and procedures for handling records of criminal
			 history.
4. The Central Repository
			 shall maintain duplicate copies of its computerized records of criminal history
			 in a safe storage area located outside the normal confines of the data
			 processing area. To the extent practicable, the copies must be kept current
			 with new information being entered into the computerized records.
Comm'n on Crimes,
				Delinquency and Corrections, No. 8, eff. 10-16-80; A by
				R019-16A,
				eff. 12/21/2016
NRS
				NRS
				179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.070 - Standards for employment as custodian of records

Current through June 11, 2024
1. Every
			 person who maintains or disseminates Nevada records of criminal history must
			 meet the standards described in this section for employment as a custodian of
			 records.
2. Before being appointed
			 by the Central Repository, an agency of criminal justice or an authorized
			 recipient as a custodian of records, a person must provide the Central
			 Repository, agency of criminal justice or authorized recipient, as applicable,
			 with:
(a) A statement of his or her personal
			 history and such other information required to determine the person's ability
			 to perform the duties of the position; and
(b) One fingerprint card with his or her
			 fingerprints so that a state and national background check of the person's
			 records of criminal history can be performed.
Nevada Administrative Code › Chapter 179A - Records of Criminal History › GENERAL PROVISIONS › Section 179A.080 - Audits of informational systems

Current through June 11, 2024
An audit by the Director of an informational system of Nevada
				records of criminal history must include an examination of:
1. The method of the agency of criminal
			 justice of reporting information to the Central Repository;
2. The completeness and accuracy of the
			 records of the agency of criminal justice;
3. The controls of the agency of criminal
			 justice or authorized recipient over disseminating its records;
4. The physical, technical and administrative
			 security of the agency of criminal justice or authorized recipient;
			 and
5. The provisions of the agency
			 of criminal justice or authorized recipient for allowing a person to exercise
			 the right to review and challenge his or her Nevada record of criminal
			 history.
[Comm'n on Crimes,
				Delinquency and Corrections, No. 10, eff. 10-16-80]-(NAC A by Dep't of Pub.
				Safety by R023-10, 7-22-2010); A by
				R019-16A,
				eff. 12/21/2016
NRS
				NRS
				179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › CORRECTION OF RECORDS › Section 179A.090 - Challenge to accuracy of record; correction

Current through June 11, 2024
1. Any person
			 who believes that an error exists in a record of his or her criminal history
			 may challenge the accuracy of the record or any erroneous entry in
			 it.
2. The challenge must be
			 presented to the agency of criminal justice in which the information was
			 originally recorded and must be made on a form prescribed by the
			 Director.
3. Upon receiving the
			 challenge, the agency shall review the record and, in writing, grant or deny
			 the challenge.
4. If a correction
			 of the challenged record is allowed, the agency shall modify its record and the
			 corresponding record in the Central Repository.
If the challenge is denied, the agency shall explain the reason
				for the denial.
[Comm'n on Crimes,
				Delinquency and Corrections, No. 2, eff. 10-16-80]-(NAC A by Dep't of Pub.
				Safety by R023-10, 7-22-2010); A by
				R019-16A,
				eff. 12/21/2016
NRS
				179A.080,
				179A.150
Nevada Administrative Code › Chapter 179A - Records of Criminal History › CORRECTION OF RECORDS › Section 179A.100 - Dissemination of notice of correction

Current through June 11, 2024
If an agency finds that a person's record of criminal history
				is incorrect, the agency shall complete the form prescribed by the Director for
				disseminating a notice of corrections. In completing the form, the agency
				shall:
1. Include a full description
			 of the person;
2. Include the
			 original record of the person;
3.
			 Explain the necessary corrections; and
4. Sign the form.
Comm'n on Crimes,
				Delinquency and Corrections, No. 3, eff. 10-16-80
NRS
				  179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › CORRECTION OF RECORDS › Section 179A.110 - Appeals

Current through June 11, 2024
1. If a correction of a record of criminal
			 history is not allowed by an agency, the person making the challenge may
			 appeal, in writing, to the Director of the Department of Public Safety, 555
			 Wright Way, Carson City, Nevada 89711.
2. A copy of the form used to challenge the
			 record and a copy of the person's record must accompany the appeal.
3. The Director will make a decision on the
			 appeal, requiring or denying a modification of the record.
4. The Director will give the agency and the
			 person who appealed notice of the disposition of the matter.
5. If a modification is required pursuant to
			 the appeal, the agency shall complete the proper form and disseminate the
			 proper information.
Comm'n on Crimes,
				Delinquency and Corrections, No. 4, eff. 10-16-80
NRS
				  179A.080
Nevada Administrative Code › Chapter 179A - Records of Criminal History › REVOLVING ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN › Section 179A.150 - Procedure for request by nonprofit agency for background check on volunteer

Current through June 11, 2024
1. Before submitting a request to the Central
			 Repository for a background check of a volunteer, a nonprofit agency may apply
			 for a grant of money from the Revolving Account pursuant to
			 NRS
			 179A.310 on the form prescribed by the
			 Central Repository.
2. A nonprofit
			 agency that requests a state background check of a volunteer pursuant to
			 subsection 5 of
			 NRS
			 179A.100 or a provision of federal law that
			 authorizes the submission of fingerprints for a fingerprint-based background
			 check of a person working with vulnerable populations, including, without
			 limitation, children, must submit to the Central Repository a noncriminal
			 fingerprint card that contains the fingerprints of the volunteer about whom the
			 request is made.
Added to NAC by Dep't of
				Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000; A by Dep't of Pub.
				Safety by R023-10, 7-22-2010; A by
				R019-16A,
				eff. 12/21/2016
NRS
				179A.080,
				179A.310
Nevada Administrative Code › Chapter 179A - Records of Criminal History › REVOLVING ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN › Section 179A.160 - Performance of background check by Central Repository; denial of request for grant of money from Account

Current through June 11, 2024
1. Upon receipt of
			 a request for a background check that complies with NAC
			 179A.150, the Central Repository
			 shall , except as otherwise provided in subsection 2, conduct a background
			 check of state records pursuant to subsection 5 of
			 NRS
			 179A.100 or a provision of federal law that
			 authorizes the submission of fingerprints for a fingerprint-based background
			 check of a person working with vulnerable populations, including, without
			 limitation, children.
2. If the
			 Central Repository denies a request for a grant of money from the Revolving
			 Account due to insufficient funds, the Central Repository shall not conduct a
			 background check pursuant to subsection 1 and shall return the fingerprint card
			 to the nonprofit agency.
Added to NAC by Dep't of
				Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000; A by Dep't of Pub.
				Safety by R023-10, 7-22-2010; A by
				R019-16A,
				eff. 12/21/2016
NRS
				179A.080,
				179A.310
Nevada Administrative Code › Chapter 179A - Records of Criminal History › REVOLVING ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN › Section 179A.180 - Criteria for grant of money from Account; use of money

Current through June 11, 2024
1. The Central Repository shall not award a
			 grant of money from the Revolving Account unless:
(a) The nonprofit agency that requested the
			 background check:
(1) Is registered as a
			 nonprofit agency with the Secretary of State;
(2) Provides a service in this state which
			 involves working with persons who are less than 16 years of age; and
(3) Applied for a grant of money pursuant to
			 NAC 179A.150 and has complied with
			 all requirements set forth in that section; and
Nevada Administrative Code › Chapter 179A - Records of Criminal History › REVOLVING ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN › Section 179A.190 - Priority of allocation of money in Account

Current through June 11, 2024
The Director will allocate money in the Revolving Account for
				award based on the date that the request was received by the Central
				Repository.
Added to NAC by Dep't of
				Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000; A by Dep't of Pub.
				Safety by R023-10, 7-22-2010
NRS
				  179A.310
Nevada Administrative Code › Chapter 179A - Records of Criminal History › REVOLVING ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN › Section 179A.200 - Contributions to Account

Current through June 11, 2024
1. A person may
			 contribute money to the Revolving Account by gift, donation, bequest, grant or
			 other source of money.
2. A person
			 who desires to make a contribution to the Revolving Account must submit with
			 the contribution a letter which states:
(a)
			 That the contribution is being made towards the Revolving Account to offset the
			 costs of background checks of volunteers; and
(b) The name of the person making the
			 contribution.
Nevada Administrative Code › Chapter 179A - Records of Criminal History › TRANSMITTAL OF MENTAL HEALTH INFORMATION TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM › Section 179A.250 - Form for transmittal; entry of information into database of National Instant Criminal Background Check System; contents of database; confidentiality of information

Current through June 11, 2024
1. The Central
			 Repository will make available to the courts of this State a form for the
			 transmittal of information relating to records of mental health.
2. Upon receipt of a form for the transmittal
			 of information relating to records of mental health, the Central Repository
			 will ensure that the information reported in the record is included in the
			 database of the National Instant Criminal Background Check System.
3. The information included in the database
			 of the National Instant Criminal Background Check System must provide, without
			 limitation, the following information concerning the person who is the subject
			 of the records of mental health:
(a) Full
			 legal name;
(b) Date of
			 birth;
(c) State of residence, if
			 available;
(d) Place of birth, if
			 available;
(e) Gender;
(f) Race, if available;
(g) Height, if available;
(h) Weight, if available;
(i) Hair and eye color, if
			 available;
(j) Social security
			 number, if available;
(k) Aliases,
			 if any; and
(l) Any other
			 information that assists with establishing the identity of the
			 person.
Nevada Administrative Code › Chapter 179A - Records of Criminal History › TRANSMITTAL OF MENTAL HEALTH INFORMATION TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM › Section 179A.260 - Identification by Director or designee of erroneous information in database; procedure for correction

Current through June 11, 2024
If the Director or the Director's designee determines that
				information relating to records of mental health held by the Central Repository
				and included in the database of the National Instant Criminal Background Check
				System is inaccurate, insufficient or incomplete in any material respect, the
				Central Repository shall:
1. If it is
			 determined to be an error in data entry in the database of the National Instant
			 Criminal Background Check System, correct the error within 1 business
			 day.
2. If it is determined to be
			 an error contained in a form for the transmittal of information relating to
			 records of mental health provided by a court, provide the person who is the
			 subject of information relating to records of mental health the name of the
			 court and a person employed at the court who may be contacted for the purpose
			 of challenging the accuracy of the information contained in such records. Upon
			 receipt from a court of a corrected form for the transmittal of information
			 relating to records of mental health, the Central Repository shall make the
			 corrections to the database of the National Instant Criminal Background Check
			 System within 3 business days.
3.
			 Provide a letter to the person who is the subject of information relating to
			 records of mental health and to the court who provided the information
			 contained in such records stating that the information contained in the records
			 has been corrected in the database of the National Instant Criminal Background
			 Check System.
Added to NAC by Dep't of
				Pub. Safety by R023-10, eff. 7-22-2010
NRS
				  179A.167
Nevada Administrative Code › Chapter 179A - Records of Criminal History › TRANSMITTAL OF MENTAL HEALTH INFORMATION TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM › Section 179A.270 - Inspection, review or challenge by certain persons to accuracy of information; fee

Current through June 11, 2024
A person who is or believes he or she may be the subject of
				information relating to records of mental health held by the Central Repository
				and included in the database of the National Instant Criminal Background Check
				System may inspect, review or challenge the accuracy of the information
				contained in such records by:
1.
			 Appearing in person at the office of the Central Repository;
2. Providing a government-issued photo
			 identification card as proof of identity;
3. Completing the form designated by the
			 Central Repository to permit inspection, review or challenge of the accuracy of
			 the information contained in such records; and
4. Paying the fee of $18.45 for inspection,
			 review or challenge of the accuracy of the information contained in such
			 records in the form of a certified check or money order made payable to the
			 "Records and Technology Division of the Department of Public Safety."
Added to NAC by Central
				Repository for Nev. Records of Crim. Hist. by R045-10, eff.
				7-22-2010
NRS
				  179A.167
Nevada Administrative Code › Chapter 179A - Records of Criminal History › TRANSMITTAL OF MENTAL HEALTH INFORMATION TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM › Section 179A.280 - Form for relief of disability; removal of information from database

Current through June 11, 2024
1. The Central Repository shall make
			 available to the courts of this State a form for the relief from disability of
			 a person who is the subject of information relating to records of mental
			 health.
2. Within 5 business days
			 after receiving from a court a form for the relief from disability of a person
			 who is the subject of information relating to records of mental health, the
			 Central Repository shall remove such records from the database of the National
			 Instant Criminal Background Check System and destroy any forms related to such
			 records held by the Central Repository.
3. As used in this section, "form for the
			 relief from disability" means the form used by a court to transmit a record of
			 an order issued pursuant to
			 NRS
			 179A.163.
Added to NAC by Dep't of
				Pub. Safety by R023-10, eff. 7-22-2010
NRS
				  179A.167
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 1 - NEW

Current through June 11, 2024
1. An attorney who provides indigent defense
		  services is entitled to receive hourly compensation for court appearances and
		  other time reasonably spent on indigent defense services or representation at a
		  rate equal to the prevailing hourly compensation rate for attorneys appointed
		  to the Criminal Justice Act (CJA) Panel at the time such services or
		  representation is provided. The Executive Director may increase such an hourly
		  rate for good cause and as deemed reasonable and necessary, including, without
		  limitation, because of the complexity of a case or the scarcity of available
		  qualified attorneys to provide indigent defense services.
2. As used in subsection 1, "attorney who
		  provides indigent defense services" means:
(a) In a county whose population is less than
		  100,000, an attorney, other than a public defender, who is selected pursuant to
		  NRS
		  7.115 to provide indigent defense services;
		  or
(b) In all counties, an attorney
		  who is appointed pursuant to
		  NRS
		  34.750 to represent a petitioner who files a
		  postconviction petition for habeas corpus.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 2 - NEW

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
			 the words and terms defined in sections 3 to 8, inclusive, of this regulation
			 have the meanings ascribed to them in those sections.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 4 - NEW

Current through June 11, 2024
"Case" means:
1. A
		  single adult defendant on a single charging document, regardless of the number
		  of counts alleged, in a felony, gross misdemeanor or misdemeanor matter;
		  or
2. A single juvenile defendant
		  on a single petition, regardless of the number of counts alleged, in a matter
		  concerning a child who is alleged to be delinquent or in need of supervision
		  pursuant to title 5 of NRS.
For a case in which multiple charges are involved, the case is
			 classified by the highest offense charged at the time counsel is
			 appointed.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 5 - NEW

Current through June 11, 2024
"Expert witness" means a person who is qualified by knowledge,
			 skill, experience, training or education to render an opinion on scientific,
			 technical or other specialized matters.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 6 - NEW

Current through June 11, 2024
"Indigency" means the inability of a defendant, without causing
			 the defendant or any of his or her dependents to have substantial hardship, to
			 obtain competent, qualified legal counsel on his or her own. As used in this
			 section, a defendant is presumed to have substantial hardship if:
1. The defendant:
(a) Receives public assistance, as that term
		  is defined in
		  NRS
		  422A.065;
(b) Resides in public housing, as that term
		  is defined in
		  NRS
		  315.021;
(c) Has a household income that is less than
		  200 percent of the federally designated level signifying poverty;
(d) Is serving a sentence in a correctional
		  institution; or
(e) Is housed in a
		  mental health facility; or
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 7 - NEW

Current through June 11, 2024
"Investigator" means a person who is qualified to secure evidence
			 and subpoena witnesses to be used in the preparation and trial of criminal
			 cases and who is:
1. Licensed by the
		  Private Investigator's Licensing Board;
2. An employee of a person who is licensed by
		  the Private Investigator's Licensing Board; or
3. An employee of an attorney or an office of
		  public defender.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 8 - NEW

Current through June 11, 2024
"Plan for the provision of indigent defense services" or "plan"
			 means the processes established by a county for the provision of indigent
			 defense services and the estimated cost to carry out the provision of indigent
			 defense services in accordance with sections 2 to 45, inclusive, of this
			 regulation and any applicable laws.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 10 - NEW

Current through June 11, 2024
1. An interested person who wishes to
		  petition the Board for the adoption, filing, amendment or repeal of a
		  regulation of the Board must file with the Department the original and one copy
		  of the petition.
2. The petition
		  must include:
(a) The name and address of the
		  petitioner;
(b) A clear and concise
		  statement of the regulation to be adopted, filed, amended or
		  repealed;
(c) The reason for the
		  adoption, filing, amendment or repeal of the regulation;
(d) The statutory authority for the adoption,
		  filing, amendment or repeal of the regulation; and
(e) The name of the Board.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 11 - NEW

Current through June 11, 2024
1. The Board may refuse to review a petition
		  which requests the adoption, filing, amendment or repeal of a regulation if the
		  requirements set forth in section 10 of this regulation are not met.
2. The Board may require the Department to
		  review a petition filed pursuant to section 10 of this regulation.
3. The Department shall notify the petitioner
		  in writing of the decision of the Board or Department, as applicable, not later
		  than 90 days after a petition is filed.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 12 - NEW

Current through June 11, 2024
1. Except as otherwise provided in subsection
		  4, an interested person may petition the Executive Director to issue a
		  declaratory order or advisory opinion concerning the applicability of a
		  statute, regulation or decision of the Department.
2. The original and one copy of the petition
		  must be filed with:
(a) The deputy director
		  selected by the Executive Director pursuant to NRS 180.420 who is authorized to
		  administer or enforce the statute or regulation or to issue the decision;
		  or
(b) The Executive Director, if
		  the statute, regulation or decision is administered or enforced by the
		  Executive Director.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 13 - NEW

Current through June 11, 2024
1. The Executive Director may refuse to
		  review a petition filed pursuant to section 12 of this regulation that requests
		  the issuance of a declaratory order or advisory opinion if the requirements set
		  forth in that section are not met.
2. The Executive Director may, or may
		  designate a deputy director to:
(a) Conduct an
		  informal hearing to determine issues of fact or hear arguments relating to a
		  petition and enter reasonable orders that govern the conduct of such a
		  hearing;
(b) Request a petitioner
		  to provide additional information or arguments relating to a
		  petition;
(c) Issue a declaratory
		  order or an advisory opinion based upon the contents of a petition and any
		  materials submitted with the petition;
(d) Consider relevant decisions that have
		  been issued by the Department that apply or interpret the statute, regulation
		  or decision in question; and
(e)
		  Enter any reasonable order to assist his or her review of a petition.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 14 - NEW

Current through June 11, 2024
1. After receiving a declaratory order or
		  advisory opinion from a deputy director concerning the applicability or
		  interpretation of a statute, regulation or decision of the Department, the
		  petitioner may request that the Executive Director review the
		  decision.
2. A request made
		  pursuant to subsection 1 must:
(a) Be in
		  writing;
(b) Contain the
		  information required by subsection 3 of section 12 of this regulation;
		  and
(c) Be filed with the Executive
		  Director not later than 30 days after the date the declaratory order or
		  advisory opinion is issued.
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 15 - NEW

Current through June 11, 2024
The Executive Director, a deputy director or any other staff
			 member of the Department shall not render an oral response, including, without
			 limitation, a response over the telephone, to a request for an advisory
			 opinion. Any oral response is not a decision or an advisory opinion of the
			 Department.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 16

Current through June 11, 2024
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021; R
			 by
			 R033-23A,
			 eff. 12/15/2023
NRS
				180.320, as amended by section 5 of Assembly
				Bill No. 518, chapter 497, Statutes of Nevada 2023, at page
				3060
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 17

Current through June 11, 2024
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021; R
			 by
			 R033-23A,
			 eff. 12/15/2023
NRS
				180.320, as amended by section 5 of Assembly
				Bill No. 518, chapter 497, Statutes of Nevada 2023, at page
				3060
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 18

Current through June 11, 2024
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021; R
			 by
			 R033-23A,
			 eff. 12/15/2023
NRS
				180.320, as amended by section 5 of Assembly
				Bill No. 518, chapter 497, Statutes of Nevada 2023, at page
				3060
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 19

Current through June 11, 2024
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021; R
			 by
			 R033-23A,
			 eff. 12/15/2023
NRS
				180.320, as amended by section 5 of Assembly
				Bill No. 518, chapter 497, Statutes of Nevada 2023, at page
				3060
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 20 - NEW

Current through June 11, 2024
1. A plan for the provision of indigent
		  defense services must include, without limitation, the processes for providing
		  indigent defense services in a manner consistent with sections 2 to 45,
		  inclusive, of this regulation and any applicable laws.
2. Each county shall provide its initial plan
		  for the provision of indigent defense services to the Department not later than
		  180 days after the date on which this section becomes effective or on the next
		  occurring May 1, as determined by the Department.
3. If a county elects to receive assistance
		  from a deputy director of the Department in the development of its plan for the
		  provision of indigent defense services pursuant to subsection 4 of NRS 180.430,
		  the county must notify the Department at least 90 days before the plan is
		  due.
4. For the purpose of
		  assessing local needs, a county should consult with local providers of indigent
		  defense services when formulating its plan for the provision of indigent
		  defense services.
5. If a county
		  joins with one or more other counties to establish one office of public
		  defender to serve those counties in accordance with
		  NRS
		  260.020, the joining counties may submit a
		  single, joint plan for the provision of indigent defense services.
6. After a county provides its initial plan
		  for the provision of indigent defense services, the county shall submit each
		  subsequent plan in accordance with subsection 2 of
		  NRS
		  260.070.
7. A plan for the provision of indigent
		  defense services that is approved pursuant to ADKT No. 411 of the Nevada
		  Supreme Court is deemed to satisfy the requirements of this section.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320
Nevada Administrative Code › Chapter 180 - NEW › Section 180.Sec. 21 - NEW

Current through June 11, 2024
A plan for the provision of indigent defense services must be
			 designed to promote the integrity of the relationship between an attorney and a
			 client. The plan and any attorneys providing indigent defense services pursuant
			 to the plan must be free from political and undue budgetary influence and be
			 subject to judicial supervision only in the same manner and to the same extent
			 as retained counsel or a prosecuting attorney.
Added
			 to NAC by
			 R042-20A,
			 eff. 10/25/2021
NRS
			 180.320