reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › EDUCATION OF COMMUNITY MANAGERS › Approved Courses and Instructors › Section 116A.300 - Evaluation of course and instructor by students

Current through June 11, 2024
1. Each approved course and each instructor of an approved course must be evaluated by students on a form prescribed by the Division and provided by the sponsor during every course offering.
2. The sponsor shall mail or deliver copies of the completed evaluations to the Division within 10 working days after the last day of class for the course.
(Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm'n for Common-Interest Communities & Condo. Hotels by R166-09, 5-5-2011)-(Substituted in revision for NAC 116.284 )
NRS 116.615, 116.665, 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › EDUCATION OF COMMUNITY MANAGERS › Approved Courses and Instructors › Section 116A.305 - Certificate of completion of course: Prerequisite activities of student; appeal of denial

Current through June 11, 2024
1. To receive a certificate of completion for an approved course, a student must:
(a) Direct his or her attention to the instruction being provided and refrain from engaging in activities unrelated to the instruction; and
(b) Refrain from engaging in activities which are distracting to other students or the instructor, or which otherwise disrupt the orderly conduct of a class, including, without limitation, the use of voice pagers, beepers and telephones.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › PRACTICE BY COMMUNITY MANAGERS › Section 116A.320 - Compliance with statutory standards of practice

Current through June 11, 2024
A community manager shall comply with the standards of practice set forth in NRS NRS NRS 116A.630.
Added to NAC by Real Estate Comm'n by R136-99, eff. 4-3-2000; A by Comm'n for Common-Interest Communities by R129-04, 4-14-2005; R205-05, 9-18-2006; A by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, 4-17-2008; R108-08, 4-20-2010-Substituted in revision for NAC 116.300
NRS 116A.200, 116A.400
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › PRACTICE BY COMMUNITY MANAGERS › Section 116A.330 - Required disclosures

Current through June 11, 2024
Before entering into a management agreement, a community manager shall disclose in writing to the prospective client any material and relevant information that the community manager knows or should know relates to the performance of the management agreement, including any matters which may affect his or her ability to comply with the provisions of this chapter or chapter 116 of NRS. Such disclosure must include, without limitation:
1. Whether the community manager expects to receive any direct or indirect compensation or profits from any person who will perform services for the client and, if so, the identity of the person;
2. His or her affiliation with or financial interest in any person who furnishes any goods or services to the client; and
3. His or her personal relationships with any unit's owner, member of the executive board or officer of the association.
Added to NAC by Real Estate Comm'n by R136-99, eff. 4-3-2000; A by Comm'n for Common-Interest Communities by R129-04, 4-14-2005-Substituted in revision for NAC 116.310
NRS 116A.200, 116A.400
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › PRACTICE BY COMMUNITY MANAGERS › Section 116A.335 - Office; display of certificate or temporary certificate

Current through June 11, 2024
1. A community manager shall establish an office in Nevada which is reasonably accessible to members of the general public. If the community manager chooses to establish an office in a private home or in conjunction with another business, he or she shall:
(a) Set aside a separate room for conducting his or her duties as a community manager; and
(b) Comply with all local zoning requirements.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › PRACTICE BY COMMUNITY MANAGERS › Section 116A.340 - Change of name, address, association or supervising community manager

Current through June 11, 2024
1. A community manager shall give written
			 notice to the Division of any change of name, address or association within 10
			 business days after the change occurs and pay the appropriate fee required by
			 NAC 116A.515.
2. A supervising
			 community manager shall give written notice to the Division of the termination
			 of any provisional community manager within 10 business days after the
			 termination occurs.
3. A
			 provisional community manager shall give written notice to the Division of any
			 change of his or her supervising community manager within 30 business days
			 after the change occurs and pay the appropriate fee required by NAC
			 116A.515.
4. Failure to give notice
			 as required by this section constitutes cause for the involuntary inactivation
			 of the certificate or temporary certificate.
(Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by R205-05, 9-18-2006; A by Comm'n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)-(Substituted in revision for NAC 116.331 );	A
				by
				R129-21A,
				eff. 12/29/2022
NRS 116A.200, 116A.400,
				  116A.410
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › PRACTICE BY COMMUNITY MANAGERS › Section 116A.345 - Prohibited acts

Current through June 11, 2024
A community manager shall not:
1. Except as otherwise required by law or court order, disclose confidential information relating to a client which includes, without limitation, the business affairs and financial records of the client, unless the disclosure is consented to by the client;
2. Impede or otherwise interfere with an investigation of the Division by:
(a) Failing to comply with a request by the Division to provide documents;
(b) Supplying false or misleading information to an investigator, auditor or any other officer or agent of the Division; or
(c) Concealing any facts or documents relating to the business of a client;
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › PRACTICE BY COMMUNITY MANAGERS › Section 116A.350 - Allegations of misconduct; submission of complaint; investigation and report; action by Administrator; appeal

Current through June 11, 2024
1. If a person who
			 alleges that a community manager is guilty of misconduct sends the allegations
			 of misconduct in writing to the community manager in an attempt to resolve the
			 issue without filing a complaint with the Division, the community manager
			 shall, in good faith, acknowledge and respond in writing to the person making
			 the allegations within 12 working days after he or she receives the
			 allegations.
2. A complaint about a
			 community manager must:
(a) Be submitted to
			 the Division on a form provided by the Division;
(b) Be signed by the person submitting the
			 complaint; and
(c) Include, without
			 limitation:
(1) The identity of the community
			 manager who is alleged to have violated a provision of this chapter or chapter
			 116 of NRS, and the nature of the alleged violation;
(2) All evidence supporting the allegations,
			 including, without limitation, as appropriate, corroborating statements by
			 other persons or specific information as to persons who may be contacted to
			 provide such corroboration;
(3) The
			 name, address and telephone number of the person submitting the
			 complaint;
(4) Documents that
			 evidence an attempt by the person submitting the complaint to resolve the issue
			 with the executive board or the community manager, including, without
			 limitation, any written response of the executive board or the community
			 manager to the allegations of the person submitting the complaint;
			 and
(5) If filed by a tenant of a
			 unit's owner, ratification of the complaint by the unit's owner without the use
			 of a power of attorney by the tenant.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › PRACTICE BY COMMUNITY MANAGERS › Section 116A.355 - Grounds for disciplinary action; criteria for determining unprofessional conduct and professional incompetence

Current through June 11, 2024
1. A community manager is subject to disciplinary action if the community manager:
(a) Commits any of the following:
(1) Unprofessional conduct;
(2) Professional incompetence;
(3) Negligence or gross negligence; or
(4) A felony or any offense involving moral turpitude; or
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › PRACTICE BY COMMUNITY MANAGERS › Section 116A.360 - Disciplinary action by Commission

Current through June 11, 2024
1. If the Administrator refers the matter to the Commission and after conducting a hearing the Commission finds that grounds for disciplinary action against the community manager exist, the Commission may take one or more of the following actions:
(a) Revoke or suspend the certificate or temporary certificate;
(b) Refuse to renew or reinstate the certificate;
(c) Place the community manager on probation;
(d) Issue a reprimand or censure to the community manager;
(e) Impose a fine of not more than $5,000 for each violation of a statute or regulation;
(f) Require the community manager to pay restitution;
(g) Require the community manager to pay the costs of the investigation and hearing;
(h) Require the community manager to obtain additional education relating to the management of common-interest communities; or
(i) Take such other disciplinary action as the Commission deems appropriate.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › RESERVE STUDY SPECIALISTS › Section 116A.410 - Maintenance and availability of list of persons who have registered with Division

Current through June 11, 2024
The Division shall maintain a list of all persons who have registered with the Division as a reserve study specialist and make the list available to the public.
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008; A by R164-09, 5-5-2011
NRS 116A.200, 116A.430
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › RESERVE STUDY SPECIALISTS › Section 116A.415 - Registration: Form; fee; expiration

Current through June 11, 2024
1. To register with the Division as a reserve study specialist or renew a registration, a person must submit:
(a) A registration on a form prescribed by the Division which includes the name and business address of the person registering as a reserve study specialist or renewing his or her registration; and
(b) A fee in an amount to be established annually by the Division to cover the administrative cost of registering the person or renewing the registration.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › RESERVE STUDY SPECIALISTS › Section 116A.420 - Registration: Qualifications; refusal or revocation by Division

Current through June 11, 2024
1. A person is qualified by training and
			 experience to register as a reserve study specialist if the person has:
(a) A good reputation for honesty,
			 trustworthiness and integrity;
(b)
			 The ability to evaluate the items on the component inventory with regard to
			 normal and accelerated deterioration, deferred maintenance, remaining years of
			 useful life and the current cost to maintain, repair, replace or
			 restore;
(c) The ability to perform
			 necessary financial analysis, cost estimates and 30-year projections, as
			 applicable;
(d) The ability to
			 review improvement plans and specifications, maintenance histories, recorded
			 plats and governing documents of the association in order to compile a complete
			 component inventory and to consult with the executive board to ascertain and
			 confirm that the component inventory is complete;
(e) The ability to gather and analyze
			 relevant financial data, including, without limitation, monthly assessment fees
			 per unit, the current reserve accounts, the anticipated tax rates on earnings,
			 the anticipated interest rate on reserves, and the anticipated inflation and
			 maximum increases in assessment fees;
(f) Successfully completed at least 6 hours
			 of education in courses approved by the Commission relating to chapters 116,
			 116A and 116B of NRS, 3 hours of which must consist of instruction relating to
			 financial matters; and
(g) The
			 background and knowledge pertinent to all areas to be addressed by the reserve
			 study.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › RESERVE STUDY SPECIALISTS › Section 116A.425 - Standards of practice

Current through June 11, 2024
1. A reserve study specialist who prepares a reserve study shall:
(a) Comply with the applicable provisions of chapter 116, 116A or 116B of NRS or any regulations adopted pursuant thereto;
(b) Comply with the relevant lawful provisions of the governing documents of each client;
(c) Agree to perform only those reserve studies which the person can reasonably expect to perform with professional competence;
(d) Exercise due care and exhibit adequate planning and supervision of conduct relating to the performance of a reserve study;
(e) Disclose in writing to the client any actual, potential or perceived conflict of interest if the client has dealings with another person who:
(1) Has a financial interest in the business relationship between the reserve study specialist and the client; or
(2) Is an employee of or otherwise affiliated with the association;
(f) Maintain an inventory of reserve study records of each client for at least 6 years;
(g) Keep informed of new developments in the field of reserve studies through continuing education, including, without limitation, new developments in the law, methods of funding and other topics necessary for the proper preparation of reserve studies;
(h) Ensure that the information used to prepare a reserve study is complete based upon information provided by the client , the reserve study specialist's experience and background and from data reasonably available from industry sources;
(i) Maintain insurance covering liability for professional liability or a surety bond with a minimum coverage of $1,000,000; and
(j) Cooperate with the Division in any investigation conducted pursuant to the provisions of chapter 116, 116A or 116B of NRS or any regulations adopted pursuant thereto.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › RESERVE STUDY SPECIALISTS › Section 116A.430 - Required disclosures

Current through June 11, 2024
Before entering into a contract to perform a reserve study, a reserve study specialist shall disclose in writing to the prospective client any material and relevant information that the reserve study specialist knows or should know relates to the performance of the contract for the reserve study, including, without limitation, any matters which may affect his or her ability to comply with the provisions of chapter 116, 116A or 116B of NRS or any regulations adopted pursuant thereto. Such disclosure must include, without limitation:
1. Whether the reserve study specialist expects to receive any direct or indirect compensation or profits from any person who will perform services for the client and, if so, the identity of the person;
2. His or her affiliation with or financial interest in any person who furnishes any goods or services to the association for which the reserve study specialist will prepare the reserve study; and
3. His or her personal relationship with any member of the executive board or officer of the association for which the reserve study specialist will prepare the reserve study.
(Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008); Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008; A by R050-13, eff. 8/10/2015; A by R050-13, eff. 8/10/2015
NRS 116A.420
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › RESERVE STUDY SPECIALISTS › Section 116A.435 - Grounds for disciplinary action; criteria for determining unprofessional conduct and professional incompetence

Current through June 11, 2024
1. A reserve study specialist is subject to disciplinary action if the reserve study specialist:
(a) Commits any of the following:
(1) Unprofessional conduct;
(2) Professional incompetence;
(3) Gross negligence; or
(4) A felony or any offense involving moral turpitude; or
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › RESERVE STUDY SPECIALISTS › Section 116A.440 - Conduct of proceedings to hear complaints

Current through June 11, 2024
Any proceeding to hear a complaint filed against a reserve study specialist will be conducted in the same manner as set forth in NRS NRS NRS 116.770.
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R145-06, eff. 4-17-2008
NRS 116A.200, 116A.430
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › General Provisions › Section 116A.510 - Public inspection of records maintained by Division

Current through June 11, 2024
Records kept in the office of the Division under authority of this chapter are open to public inspection in the same manner as records are available for inspection pursuant to chapters 645 of NRS and NAC, except that the Division may refuse to make public, unless ordered to do so by a court:
1. Examinations;
2. Files compiled by the Division while investigating possible violations of this chapter or chapter 116 of NRS;
3. The criminal and financial records of community managers and of applicants for a certificate or temporary certificate;
4. Social security numbers;
5. The home addresses and telephone numbers of community managers, unless such information is used for business purposes by a community manager; and
6. The home addresses and telephone numbers of members of the executive boards.
(Added to NAC by Real Estate Comm'n by R136-99, eff. 4-3-2000; A by Comm'n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm'n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)-(Substituted in revision for NAC 116.390 )
NRS 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › General Provisions › Section 116A.515 - Fees of Division

Current through June 11, 2024
The Division shall charge and collect the following fees:
For application for, and issuance of, a certificate ................................................ $300
For application for, and issuance of, a temporary certificate .................................. 200
For examination of an applicant for a certificate ................................................... 100
For biennial renewal of a certificate ..................................................................... 200
For late renewal of a certificate ............................................................................. 50
For reinstatement of an inactive certificate ............................................................ 20
For issuance of a duplicate certificate or temporary certificate ................................ 20
For change of name or address on a certificate or temporary certificate ................... 20
For change of status as a community manager, provisional community manager or supervising community manager on a certificate................................................ 20
For change of association with a supervising community manager ......................... 20
For approval of courses to meet the requirements for original certification ............ 100
For approval of a course for continuing education ................................................ 100
For renewal of an approval of a course for continuing education ............................. 50
Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm'n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010-Substituted in revision for NAC 116.505; A by R115-15, eff. 6/28/2016
NRS 116A.200, 116A.410
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › General Provisions › Section 116A.520 - Check or draft returned to Division for lack of payment

Current through June 11, 2024
1. If a person submits a check or draft to the Division to obtain a certificate, temporary certificate, approval, accreditation or other type of authorization to engage in an activity for which authorization is required pursuant to this chapter, chapter 116 of NAC or chapter 116 or 116A of NRS, and the check or draft is returned to the Division because the person had insufficient money or credit with the drawee to pay the check or draft or because the person stopped payment on the check or draft:
(a) The certificate, temporary certificate, approval, accreditation or other type of authorization obtained by the person from the Division is involuntarily inactivated; or
(b) If the person has not obtained the certificate, temporary certificate, approval, accreditation or other type of authorization from the Division, the Division may refuse to issue or reinstate the authorization.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › General Provisions › Section 116A.525 - Fee for background investigation

Current through June 11, 2024
The fee for conducting a background investigation must not exceed the administrative costs charged to the Division. All payments for such investigations must be in the form of a cashier's check or money order made payable to the agency conducting the investigation.
Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005-Substituted in revision for NAC 116.515
NRS 116A.200, 116A.410
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.550 - Investigation and audit of financial accounts of association; remedial and disciplinary action

Current through June 11, 2024
1. The Division may investigate and audit all financial accounts related to an association if the Division has reasonable cause to believe that the accounts or records of the association have not been properly maintained and the Division:
(a) Has reasonable cause to believe or has received a credible complaint that the association is insolvent or is in any financial condition or has engaged in any financial practice which creates a substantial risk of insolvency; or
(b) Determines that the investigation and audit are reasonably necessary to assist the Division in administering or enforcing any other provision of this chapter, chapter 116 of NRS or any other statute that the Division is charged with administering or enforcing.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.555 - Hearing panels: Powers; qualifications of independent hearing officers

Current through June 11, 2024
1. A hearing panel appointed by the Commission has the power of the Commission to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter or chapter 116 of NRS.
2. An independent hearing officer appointed to a hearing panel must be a licensed member, in good standing, of the State Bar of Nevada.
Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006
NRS 116.615, 116.675, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.560 - Informality of proceedings; rules of evidence

Current through June 11, 2024
1. In conducting any investigation, inquiry or hearing, the Commission and its members, each hearing panel and its members, and the employees of the Division are not bound by the technical rules of evidence, and any informality in a proceeding or in the manner of taking testimony does not invalidate any order, decision, rule or regulation made, approved or confirmed by the Commission or a hearing panel. The rules of evidence of courts of this State will be followed generally but may be relaxed at the discretion of the Commission or a hearing panel if deviation from the technical rules of evidence will aid in determining the facts.
2. Any evidence offered at a hearing must be material and relevant to the issues of the hearing.
3. The Commission or a hearing panel may exclude inadmissible, incompetent, repetitious or irrelevant evidence or order that presentation of that evidence be discontinued.
4. A party who objects to the introduction of evidence shall briefly state the grounds of the objection at the time the evidence is offered. The party who offers the evidence may present a rebuttal argument to the objection.
5. If an objection is made to the admissibility of evidence, the Commission or a hearing panel may:
(a) Note the objection and admit the evidence;
(b) Sustain the objection and refuse to admit the evidence; or
(c) Receive the evidence subject to a subsequent ruling by the Commission or a hearing panel.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.565 - Prehearing conferences

Current through June 11, 2024
1. The Commission or a hearing panel may, upon its own motion or a motion made by a party of record, hold a prehearing conference to accomplish one or more of the following purposes:
(a) Formulate or simplify the issues involved in the hearing.
(b) Obtain admissions of fact or any stipulation of the parties.
(c) Arrange for the exchange of proposed exhibits or prepared expert testimony.
(d) Identify the witnesses and the subject matter of their expected testimony and limit the number of witnesses, if necessary.
(e) Rule on any pending prehearing motions or matters.
(f) Establish a schedule for the completion of discovery.
(g) Establish any other procedure that may expedite the orderly conduct and disposition of the proceedings or settlements thereof.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.570 - Motions

Current through June 11, 2024
1. All motions, unless made during a hearing, must be in writing.
2. A written motion must be served on the opposing party and the Commission or a hearing panel at least 10 working days before the time set for the hearing on the motion.
3. An opposing party may file a written response to a motion within 7 working days after the receipt of the motion by serving the written response on all parties and the Commission or a hearing panel, except that a written response may be filed less than 3 working days before the time set for the hearing on the motion only with the permission of the Commission or a hearing panel upon good cause shown.
4. The Commission or a hearing panel may require oral argument or the submission of additional information or evidence to decide the motion.
(Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005)
NRS 116.615, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.575 - Amendment and withdrawal of complaints; continuances

Current through June 11, 2024
1. A complaint may be amended at any time.
2. The Commission or a hearing panel may grant a continuance if the amendment materially alters the complaint or a respondent demonstrates an inability to prepare for the case in a timely manner.
3. A complaint may be withdrawn at any time before the hearing begins.
(Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005)
NRS 116.615, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.580 - Complaint or disciplinary hearing concerning provisional community manager

Current through June 11, 2024
1. The Division shall provide a copy of any complaint filed against, or a disciplinary hearing or other proceeding commenced against, a provisional community manager to the supervising community manager with whom the provisional community manager is associated.
2. The supervising community manager with whom the provisional community manager is associated shall attend any disciplinary hearing before the Commission or a hearing panel concerning that provisional community manager.
(Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005)
NRS 116.615, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.585 - Responsibilities of respondent

Current through June 11, 2024
1. Not less than 5 working days before a hearing before the Commission or a hearing panel, the respondent must provide to the Division:
(a) A copy of all documents that are reasonably available to the respondent which the respondent reasonably anticipates will be used in support of his or her position; and
(b) A list of witnesses whom the respondent intends to call at the time of the hearing, which must include for each witness:
(1) The name of the witness;
(2) The company for whom the witness works and the title of the witness; and
(3) A brief summary of the expected testimony of the witness.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.590 - Failure of party to appear

Current through June 11, 2024
If a party fails to appear at a hearing scheduled by the Commission or a hearing panel and a continuance has not been requested or granted, upon an offer of proof by the other party that the absent party was given proper notice and upon a determination by the Commission or a hearing panel that proper notice was given, the Commission or a hearing panel may proceed to consider the case without the participation of the absent party and may dispose of the matter on the basis of the evidence before it. If a party fails to appear at the hearing or fails to reply to the notice, the charges specified in the complaint may be considered as true.
(Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005)
NRS 116.615, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.595 - Procedure for hearings; date of decision

Current through June 11, 2024
1. The presiding officer of a hearing shall:
(a) Ascertain whether all persons commanded to appear under subpoena are present and whether all documents, books, records and other evidence under subpoena are present in the hearing room.
(b) Administer the oath to the reporter as follows:
Do you solemnly swear or affirm that you will report this hearing to the best of your stenographic ability?
(c) Administer the oath to all persons whose testimony will be taken:
Do you and each of you solemnly swear or affirm to tell the truth and nothing but the truth in these proceedings?
(d) Ascertain whether either party wishes to have a witness excluded from the hearing except during the testimony of the witness. A witness may be excluded upon the motion of the Commission or a hearing panel or upon the motion of either party. If a witness is excluded, he or she will be instructed not to discuss the case during the pendency of the proceeding. The respondent will be allowed to remain present at the hearing. The Division may designate a person who is a member of the staff of the Division and who may also be a witness to act as its representative. Such a representative will be allowed to remain present at the hearing.
(e) Ascertain whether a copy of the complaint or decision to deny has been filed and whether an answer has been filed as part of the record in the proceedings.
(f) Hear any preliminary motions, stipulations or orders upon which the parties agree and address any administrative details.
(g) Request the Division to proceed with the presentation of its case.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.600 - Recess of hearing for conference

Current through June 11, 2024
In any hearing, the Commission or hearing panel may recess the hearing for a conference in order to discuss matters relating to the testimony about to be given by a witness or for any other purpose that may expedite the orderly conduct and disposition of the proceedings or settlements thereof. The Commission or hearing panel will state on the record the results of such a conference.
Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006
NRS 116.615, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.605 - Preparation and dissemination of final decision after hearing

Current through June 11, 2024
After a hearing, the Commission or hearing panel will, within 30 days:
1. Prepare findings of fact, conclusions of law and a final decision on the issues presented at the hearing; and
2. Provide a copy of the findings of fact, conclusions of law and final decision to the Division, which will then serve the parties of record and the Commission.
(Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006)
NRS 116.615, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.610 - Voluntary surrender of certificate or temporary certificate in lieu of disciplinary action

Current through June 11, 2024
The Commission or a hearing panel may accept the voluntary surrender of a certificate or temporary certificate in lieu of imposing any other disciplinary action set forth in this chapter, chapter 116 of NAC or chapter 116 or 116A of NRS.
Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm'n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010-Substituted in revision for NAC 116.590
NRS 116.615, 116A.200, 116A.300, 116A.400
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.615 - Reporting of disciplinary action or denial of certificate or temporary certificate

Current through June 11, 2024
The Division, Commission or a hearing panel may report any disciplinary action it takes against a holder of a certificate or temporary certificate or any denial of an application for a certificate or temporary certificate to:
1. An association managed by the holder of a certificate or temporary certificate;
2. Any national repository which records disciplinary actions taken against community managers;
3. Any agency of another jurisdiction that regulates the practice of management of a common-interest community; and
4. Any other agency or board of the State of Nevada.
Added to NAC by Comm'n for Common-Interest Communities by R129-04, eff. 4-14-2005; A by Comm'n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010-Substituted in revision for NAC 116.595
NRS 116.615, 116A.200, 116A.300, 116A.400
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.620 - Appeal of final order of hearing panel; filing of briefs

Current through June 11, 2024
1. Pursuant to NRS NRS NRS 116.675, a final order of a hearing panel may be appealed and a review hearing held by the Commission. If a final order of a hearing panel is appealed, the order is stayed until the Commission issues its ruling, order or decision after the review hearing.
2. A written notice of appeal filed pursuant to NRS NRS NRS 116.675 must be accompanied by an appellant's brief which must describe the basis for the appeal, cite any supporting authorities and designate any part of the record which was before the hearing panel and is relevant to the appeal.
3. A respondent may file a respondent's brief within 20 days after service of the appellant's brief.
4. An appellant may then file a reply brief within 12 days after service of a respondent's brief. The reply brief may only respond to issues raised in a respondent's brief. Any issues raised for the first time which are contained in the reply brief will not be considered by the Commission.
5. The Division may file an amicus brief which describes the Division's position on any issue raised by a final order of a hearing panel. The Division's brief must be filed within 20 days after the filing of the appellant's brief.
Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006
NRS 116.615, 116.675, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.625 - Review hearings: Setting; notice

Current through June 11, 2024
1. After the date for the filing of a reply brief has passed, the Commission will set the matter for a review hearing to be conducted as soon as practicable.
2. The review hearing must be held at such time and place as the Commission prescribes. At least 15 days before the date set for the review hearing, the Commission will notify in writing each party of record of the date. Written notice of the review hearing may be served by delivery personally to each party or by mailing the notice by certified mail to the last known address of each party.
(Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006)
NRS 116.615, 116.675, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.630 - Review hearings: Oral argument

Current through June 11, 2024
1. The Commission may, in the written notice described in NAC 116A.625, provide for oral argument at the review hearing. The written notice must state whether the oral argument is limited to a particular issue or inquiry.
2. Unless extended by the Commission, an oral argument will be limited to 10 minutes.
3. The Commission may allow the Division to participate as an amicus party at oral argument.
Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006
NRS 116.615, 116.675, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.635 - Review hearings: Issuance of written decision

Current through June 11, 2024
1. The Commission will render a written decision on any appeal within 30 days after the review hearing and will notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.
2. The Commission may affirm, reverse or modify a decision of the hearing panel.
Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006
NRS 116.615, 116.675, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.637 - Posthearing motions; rehearing and reconsideration

Current through June 11, 2024
1. After the close of a hearing before the Commission, a party may file only the following motions:
(a) A motion for rehearing.
(b) A motion for reconsideration of the final decision of the Commission.
(c) With leave of the Commission, any other motion requesting action or relief after the close of the hearing.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.640 - Review of final order of hearing panel not appealed by party

Current through June 11, 2024
1. If a final order of a hearing panel is not appealed to the Commission by a party and if:
(a) The Chair determines that the Commission should review the final order; or
(b) A member of the Commission makes a written or oral request to the Chair that the Commission review the final order, the Chair of the Commission shall, not later than 7 days after the date that a final order may be appealed by a party pursuant to NRS NRS NRS 116.675, direct the Division to provide written notice to all parties that the Commission will review the final order at the next meeting of the Commission.
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.645 - Payment of costs for transcript of hearing

Current through June 11, 2024
1. Except as otherwise provided in this section, a party which seeks a transcript of its hearing must pay the reasonable costs of transcription.
2. If the Commission determines that a transcript is reasonably necessary for a party for a review hearing, the Commission will pay the costs of transcription.
(Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006)
NRS 116.615, 116.675, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.650 - Request for hearing prohibited after initiation of civil action or submission for mediation or arbitration

Current through June 11, 2024
A party may not request a hearing before the Commission or a hearing panel, or file a motion for rehearing before the Commission or for reconsideration of the final decision of the Commission, if a civil action based upon the same claim has already been initiated in any court in this State or has already been submitted to mediation or arbitration pursuant to the provisions of NRS NRS 38.300 to 38.360, inclusive.
(Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006); Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006; A by R052-13, eff. 8/10/2015
NRS 116A.200
Nevada Administrative Code › Chapter 116A - Common-Interest Communities: Regulation of Community Managers and Other Personnel › ADMINISTRATION AND ENFORCEMENT › Administrative Proceedings › Section 116A.655 - Request for hearing prohibited for improper purpose

Current through June 11, 2024
A party shall not request a review hearing for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
Added to NAC by Comm'n for Common-Interest Communities by R142-06, eff. 12-7-2006
NRS 116.615, 116.675, 116A.200, 116A.300
Nevada Administrative Code › Chapter 116B - Condominium Hotels › GENERAL PROVISIONS › Section 116B.010 - Definitions (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R186-07, eff. 5-5-2011;	R
				by
				R129-21A,
				eff. 12/29/2022
NRS 116.615, 116A.200,
				  116B.805
Nevada Administrative Code › Chapter 116B - Condominium Hotels › GENERAL PROVISIONS › Section 116B.020 - "Guide" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R186-07, eff. 5-5-2011;	R
				by
				R129-21A,
				eff. 12/29/2022
NRS 116.615, 116A.200,
				  116B.805
Nevada Administrative Code › Chapter 116B - Condominium Hotels › GENERAL PROVISIONS › Section 116B.030 - "Reserve study" defined

Current through June 11, 2024
As used in this chapter, unless the context otherwise
				requires, "reserve study" means:
1.
			 For the major components of the common elements, the study required pursuant to
			 paragraph (a) of subsection 1 of NRS 116B.605; or
2. For the major components of the shared
			 components and the major components of the hotel unit, the study required
			 pursuant to paragraph (a) of subsection 1 of NRS 116B.610.
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R186-07, eff. 5-5-2011;	A
				by
				R129-21A,
				eff. 12/29/2022
NRS 116B.805
Nevada Administrative Code › Chapter 116B - Condominium Hotels › MANAGEMENT OF CONDOMINIUM HOTELS › General Provisions › Section 116B.100 - Assessments for common expenses and shared expenses: "Adequate reserves" interpreted

Current through June 11, 2024
For purposes of NRS NRS 116B.590 and 116B.595, "adequate reserves" means the funds sufficient to maintain the common elements and shared components:
1. At the level described in the governing documents and in a reserve study; and
2. Without using the funds from the operating budget or without special assessments, except for occurrences that are a result of unforeseen catastrophic events.
Added to NAC by Comm'n for Common-Interest Communities & Condo. Hotels by R186-07, eff. 5-5-2011
NRS 116B.590, 116B.595, 116B.805