reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise
				requires:
1. The words and terms
			 defined in
			 NRS
			 604A.015 to
			 604A.125,
			 inclusive, have the meanings ascribed to them in those sections.
2. "License" means a license to operate a
			 check-cashing service, deferred deposit loan service, short-term loan service
			 or title loan service pursuant to the provisions of this chapter and chapter
			 604A of NRS.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.020 - "Licensee" interpreted

Current through June 11, 2024
For the purposes of this chapter and chapter 604A of NRS, the
				Commissioner interprets the term "licensee" to include:
1. A branch office of a licensee conducting
			 business at any location, including a place of business located outside this
			 State from which the licensee conducts business in this State.
2. An agent, employee, manager or officer of
			 a licensee.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › GENERAL PROVISIONS › Section 604A.030 - Use of electronic or digital signature

Current through June 11, 2024
Any document, notice, receipt or record for which a signature
				is required pursuant to the provisions of this chapter or chapter 604A of NRS
				may be signed electronically or digitally in accordance with the provisions of
				chapters 719 and 720 of NRS and any regulations adopted pursuant
				thereto.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › LICENSING AND FEES › Section 604A.050 - Application for license

Current through June 11, 2024
An application for a license must, in addition to the
				requirements set forth in
				NRS
				604A.600, include:
1. The name under which the applicant
			 proposes to conduct his business.
2. A financial statement for the applicant's
			 most recent fiscal year or a copy of the applicant's federal income tax return
			 for each of the preceding 2 years, or both.
3. For each person who owns at least 25
			 percent of the voting stock, partnership or member interests of the business of
			 the applicant, a record of the personal history of the person. The record must
			 be submitted on a form provided by the Commissioner.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300,
				  604A.600
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › LICENSING AND FEES › Section 604A.060 - Display of license: "License" and "location where he does business" interpreted

Current through June 11, 2024
For the purposes of subsection 3 of
				NRS
				604A.635, the Commissioner interprets:
1. "License" to mean an original
			 license.
2. "Location where he does
			 business" to include each branch location where the licensee does
			 business.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300,
				  604A.635
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › LICENSING AND FEES › Section 604A.070 - Grounds for refusal to renew license

Current through June 11, 2024
The Commissioner may refuse to renew a license if the licensee
				violates any provision of this chapter or chapter 604A of NRS, or
				NRS
				658.055 or
				658.098,
				including, without limitation, a provision that imposes a fee or assessment on
				the licensee.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › LICENSING AND FEES › Section 604A.080 - Grounds for revocation or suspension of license

Current through June 11, 2024
The grounds for revocation or suspension of a license, in
				addition to the grounds set forth in
				NRS
				604A.820, are that the licensee:
1. Is insolvent or in such financial
			 condition that he cannot continue his business and ensure the financial safety
			 of his customers;
2. Issues a check
			 to a customer that is not paid upon presentment because the account of the
			 licensee contains insufficient funds or has been closed or the licensee has
			 stopped payment on the check;
3. Is
			 grossly negligent or incompetent in performing any act for which he is required
			 to have a license;
4. Does not
			 conduct his business in accordance with law;
5. Makes a material misrepresentation of fact
			 or fails to disclose a material fact that he knows or should have known
			 concerning a transaction governed by this chapter and chapter 604A of
			 NRS;
6. Knowingly makes or causes
			 to be made to the Commissioner any false representation of material
			 fact;
7. Suppresses or withholds
			 from the Commissioner any information that the licensee possesses concerning
			 the existence of a fact or condition which would have justified the
			 Commissioner in denying the licensee's original application for a
			 license;
8. Refuses to submit to an
			 audit, examination, investigation or hearing ordered by the
			 Commissioner;
9. Fails to provide
			 the Commissioner with any information requested by the Commissioner pursuant to
			 this chapter or chapter 604A of NRS;
10. Fails to pay any fees or assessments
			 imposed on him pursuant to this chapter or chapter 604A of NRS, or
			 NRS
			 658.055 or
			 658.098;
11. Fails to maintain the surety bond as set
			 forth in
			 NRS 604A.610, or the
			 security in lieu of a surety bond as set forth in
			 NRS
			 604A.615; or
12. Engages in any other conduct that
			 constitutes a deceitful, fraudulent or dishonest business practice, including,
			 without limitation, a deceptive trade practice as defined in chapter 598 of
			 NRS.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › LICENSING AND FEES › Section 604A.090 - Fees and assessments

Current through June 11, 2024
1. The
			 nonrefundable application fee required pursuant to
			 NRS
			 604A.600 is $400 plus $100 for each
			 additional license for a branch location at which the applicant proposes to
			 operate under the applicant's license.
2. The additional application fee required
			 pursuant to
			 NRS
			 604A.600 is $375 plus $75 for each additional
			 license for a branch location at which the applicant proposes to operate under
			 his or her license. The Commissioner may refund the fee on a prorated basis if:
(a) An applicant withdraws his or her
			 application before the Commissioner acts on the application;
(b) The Commissioner deems an application to
			 be withdrawn because the applicant fails to submit all information and fees
			 required to complete the application within the period set forth in NRS
			 NRS
			 604A.600; or
(c) A licensee surrenders his or her license
			 pursuant to
			 NRS
			 604A.840 during the licensee's first year of
			 licensure.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.100 - Prerequisites to conduct of business under license

Current through June 11, 2024
A licensee shall not conduct any business under his license
				unless:
1. He possesses each license
			 and permit required by this State or a local government as a condition to
			 conducting business; and
2. The
			 business location complies with the provisions of all applicable planning and
			 zoning ordinances.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.110 - Foreign business entities: Prerequisites to operation in State

Current through June 11, 2024
A foreign corporation, association, trust or other business
				entity shall not operate a check-cashing service, deferred deposit loan
				service, short-term loan service or title loan service in this State unless the
				foreign business entity:
1. Qualifies
			 to do business in this State pursuant to chapter 80 of NRS; and
2. Complies with the provisions of this
			 chapter and chapter 604A of NRS.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.120 - Office or other place of business located outside of State

Current through June 11, 2024
If the Commissioner, pursuant to
				NRS
				604A.620, issues a license for an office or
				other place of business located outside of this State from which the licensee
				may conduct business in this State, the place of business is:
1. Not required to be open to the
			 public.
2. Subject to any audit,
			 examination or investigation authorized pursuant to the provisions of this
			 chapter or chapter 604A of NRS. The Commissioner will conduct the audit,
			 examination or investigation in accordance with the terms of the agreement
			 entered into with the licensee pursuant to
			 NRS
			 604A.620.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300,
				  604A.620
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.130 - Notice of fees charged for services

Current through June 11, 2024
1. The notice
			 required by paragraph (a) of subsection 1 of
			 NRS
			 604A.405 must:
(a) Comply with the applicable provisions of
			 Regulation Z and the Truth in Lending Act.
(b) Set forth the actual fees charged for
			 each service.
(c) Except as
			 otherwise provided in subsection 2, be in substantially the following form:
NOTICE OF FEES CHARGED FOR SERVICES
Check-cashing fee......................... $___.__
Deferred deposit loan fee............... $___.__
Short-term loan fee........................ $___.__
Title loan fee.................................. $___.__
(d) If printed, be in boldface
			 type. Information that must be printed in all upper case letters must be
			 printed in at least 18-point type. All other information must be printed in at
			 least 16-point type.
(e) If
			 handwritten or displayed digitally or by other electronic means, be in
			 characters that are equivalent in intensity, legibility and size to the
			 characters required for printed matter.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.140 - Notice of toll-free telephone number for concerns and complaints

Current through June 11, 2024
The notice required pursuant to paragraph (b) of subsection 1
				of
				NRS
				604A.405 must:
1. Be in substantially the following form:
NOTICE OF RIGHT TO CONTACT THE OFFICE OF THE COMMISSIONER OF
				FINANCIAL INSTITUTIONS REGARDING CONCERNS OR COMPLAINTS
You may contact the Office of the Commissioner of Financial
				Institutions regarding concerns or complaints about the service provider with
				whom you are dealing by calling the following toll-free telephone number in
				Nevada: 1 (866) 858-8951.
2. If printed, be in boldface type.
			 Information that must be printed in all upper case letters, and the telephone
			 number, must be printed in at least 18-point type. All other information must
			 be printed in at least 16-point type.
3. If handwritten or displayed digitally or
			 by other electronic means, be in characters that are equivalent in intensity,
			 legibility and size to the characters required for printed matter.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300,
				  604A.405
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.150 - Display of hours of operation; termination of prescribed period for performance of act by customer

Current through June 11, 2024
1. A licensee shall
			 prominently display at each location where he does business a notice that sets
			 forth the days of the week and the hours of the day that the location is open
			 for business.
2. A customer who is
			 entitled or required to perform an act within a prescribed period, including a
			 customer entitled to rescind a loan pursuant to
			 NRS
			 604A.460, may perform the act at any time
			 before the close of business on the last day within the prescribed period. If
			 the last day is not a business day, or the location is not otherwise open for
			 business on that day, the period during which the customer may perform the act
			 is extended until the next business day at that location.
3. If a licensee closes a business location
			 earlier than the time of day set forth in the licensee's notice, the period
			 during which the customer may perform the act is extended until the close of
			 business on the next business day on which the location remains open for
			 business until the time set forth in the notice.
4. For the purposes of this section, the
			 business day of a location that is open for business after midnight shall be
			 deemed to end at midnight.
Added to NAC by Comm'r of
				Financial Institutions by R150-05, eff.
				12-29-2005
NRS 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.160 - Translation of documents written in language other than English

Current through June 11, 2024
1. A licensee who uses a form or standard
			 loan agreement written in Spanish as required by
			 NRS
			 604A.410, notice of opportunity to enter into
			 a repayment plan written in Spanish as required by
			 NRS 604A.475, or
			 other form or standard document written in a language other than English shall
			 cause the document to be translated into English and maintain together a copy
			 of the document and its English translation.
2. A document translated pursuant to this
			 section must be:
(a) Translated by an
			 interpreter who is:
(1) Certified by the Court
			 Administrator in accordance with the provisions of
			 NRS
			 1.510 and regulations adopted pursuant
			 thereto; or
(2) Approved in writing
			 by the Division.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.170 - Delivery to customer of notice of opportunity to enter into repayment plan

Current through June 11, 2024
1. A licensee who is required to provide a
			 customer with written notice of the opportunity to enter into a repayment plan
			 pursuant to
			 NRS 604A.475 may
			 deliver the written notice to the customer using any method of delivery that
			 generates a record of the delivery.
2. A person who delivers a notice to a
			 customer in person must execute an affidavit of delivery.
Added to NAC by Comm'r of Financial
			 Institutions by R150-05, eff. 12-29-2005
NRS
			 604A.300,
			 604A.475
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.180 - Documentation of compliance with limitations on amounts of deferred deposit loans and short-term loans

Current through June 11, 2024
1. A licensee shall
			 maintain written documentation to establish that, except as otherwise provided
			 in
			 NRS
			 604A.425 and
			 604A.430,
			 he has not made a:
(a) Deferred deposit loan
			 that exceeds 25 percent of the expected gross monthly income of the customer
			 when the loan is made; or
(b)
			 Short-term loan that, under the terms of the loan agreement, requires any
			 monthly payment that exceeds 25 percent of the expected gross monthly income of
			 the customer.
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.190 - Required books and records: "Books and accounting records" interpreted

Current through June 11, 2024
For the
			 purposes of this chapter and chapter 604A of NRS, the Commissioner interprets
			 the term "books and accounting records" as used in
			 NRS
			 604A.700 to include, without
			 limitation:
1. A copy of each receipt
			 given by a licensee to a customer pursuant to
			 NRS
			 604A.460 to
			 604A.475,
			 inclusive, and 604A.495.
2. A
			 record of each event that increases or decreases a customer's indebtedness to
			 the licensee. The record must include sufficient information to enable the
			 Commissioner to reconcile the amount of the customer's beginning balance with
			 his ending or outstanding balance.
Added to NAC by Comm'r of Financial
			 Institutions by R150-05, eff. 12-29-2005
NRS
			 604A.300,
			 604A.700
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.200 - Maintenance of books and records

Current through June 11, 2024
1. Except as
			 otherwise provided in
			 NRS
			 604A.700, a licensee shall maintain for at
			 least 3 years the original or a copy of each account, book, paper, written or
			 electronic record or other document that concerns each loan or other
			 transaction involving a customer in this State.
2. Except as otherwise provided in
			 NRS
			 604A.620, those records must be maintained at
			 a place of business in this State designated by the licensee.
Added to NAC by Comm'r of Financial
			 Institutions by R150-05, eff. 12-29-2005
NRS
			 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.210 - Restrictions on advertising

Current through June 11, 2024
A licensee shall not advertise in any manner
			 that:
1. May tend to confuse the
			 identity of the licensee with any other unrelated licensee.
2. States or implies that a loan of a
			 prospective borrower with another licensee will be paid or increased if the
			 loan is transferred to the advertising licensee.
Added to NAC by Comm'r of Financial
			 Institutions by R150-05, eff. 12-29-2005
NRS
			 604A.300
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.220 - Prohibited acts: Acceptance of check as security for short-term loan or title loan

Current through June 11, 2024
A licensee who accepts a check as security for
			 a short-term loan or title loan violates
			 NRS
			 604A.435 even if:
1. The check is not negotiable; or
2. The licensee does not negotiate the
			 check.
Added to NAC by Comm'r of Financial
			 Institutions by R150-05, eff. 12-29-2005
NRS
			 604A.300,
			 604A.435
Nevada Administrative Code › Chapter 604A - Deferred Deposit Loans, Short-Term Loans, Title Loans and Check-Cashing Services › OPERATION OF BUSINESS › Section 604A.230 - Prohibited acts: Miscellaneous acts

Current through June 11, 2024
1. A licensee shall
			 not:
(a) Require or accept a guarantor to a
			 transaction entered into with a customer.
(b) Issue his own check to a customer unless
			 the check is drawn on an account that is:
(1)
			 Insured by the Federal Deposit Insurance Corporation, the National Credit Union
			 Share Insurance Fund or a private insurer approved pursuant to
			 NRS
			 678.755;
(2) Identified as belonging to the licensee;
			 and
(3) Maintained in a depository
			 institution authorized to do business in this State.
(c) Use any device, subterfuge, pretense or
			 deceptive means or representations to collect on a check.
(d) Collect or attempt to collect any
			 interest incidental to the check other than the fees set forth in this chapter
			 and chapter 604A of NRS.
(e)
			 Operate his business from any location other than the location listed on his
			 license.
(f) Harass the employer of
			 a customer in attempting to collect on a check.
(g) Advertise for sale or threaten to
			 advertise for sale any check as a means to enforce payment of the check, unless
			 the licensee is acting pursuant to a court order.
(h) Except as otherwise provided in this
			 paragraph, publish or post, or cause to be published or posted, a list of
			 customers who have not paid on their checks. A licensee may publish or post
			 such a list for the benefit of his agents, employees, officers, managers,
			 stockholders or membership in connection with the internal affairs of the
			 licensee. This provision does not prevent a licensee from providing information
			 concerning a customer to a consumer reporting agency.
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 2 - NEW

Current through June 11, 2024
As used in this chapter, "principal place of business" means a
			 physical location where the officers or senior management of a provider direct
			 the provider's business of providing earned wage access services, oversee the
			 day-to-day operations of the provider's business of providing earned wage
			 access services and maintain all books and records relating to the provider's
			 business of providing earned wage access services.
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
section 32 of Senate Bill No. 290, chapter 400, Statutes of
				Nevada 2023, at page 2407 (NRS 604D.180)
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 3 - NEW

Current through June 11, 2024
As used in section 9.1 of Senate Bill No. 290, chapter 400,
			 Statutes of Nevada 2023, at page 2396 (NRS 604D.090), the Commissioner will
			 interpret the term "indirectly" to mean verified data of the employment, income
			 or attendance of the user that is:
1.
		  Obtained from an integrated system;
2. Not directly obtained from the system of
		  an employer; and
3. Not directly
		  obtained from the user.
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
sections 9.1 and 32 of Senate Bill No. 290, chapter 400,
				Statutes of Nevada 2023, at pages 2396 and 2407, respectively (NRS 604D.090,
				604D.180)
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 4 - NEW

Current through June 11, 2024
As used in section 13.2 of Senate Bill No. 290, chapter 400,
			 Statutes of Nevada 2023, at page 2399 (NRS 604D.310), the Commissioner will
			 interpret the term "owner" to mean a person who holds an ownership interest of
			 10 percent or more in an applicant for the issuance of a license as a provider
			 that is a business entity.
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
sections 13.1, 13.2 and 32 of Senate Bill No. 290, chapter 400,
				Statutes of Nevada 2023, at pages 2398, 2399 and 2407, respectively (NRS
				604D.180, 604D.300, 604D.310)
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 5 - NEW

Current through June 11, 2024
The Commissioner will interpret the provisions of subsection 3 of
			 section 29 of Senate Bill No. 290, chapter 400, Statutes of Nevada 2023, at
			 page 2406 (paragraph (c) of subsection 1 of NRS 604D.400), to prohibit a
			 provider from charging a user a cancellation fee or other fee of any kind,
			 regardless of the name given to the fee, for the user to cancel his or her
			 participation in an agreement for the provision of earned wage access
			 services.
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
sections 29 and 32 of Senate Bill No. 290, chapter 400,
				Statutes of Nevada 2023, at pages 2406 and 2407, respectively (NRS 604D.180,
				604D.400)
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 7 - NEW

Current through June 11, 2024
1. In addition to
		  any other requirements set forth in this chapter and sections 2 to 33.5,
		  inclusive, of Senate Bill No. 290, chapter 400, Statutes of Nevada 2023, at
		  pages 2395 to 2408, inclusive (chapter 604D of NRS), each applicant for the
		  issuance of a license as a provider that is a business entity must submit to
		  the Commissioner, with the application required by section 12 of Senate Bill
		  No. 290, chapter 400, Statutes of Nevada 2023, at page 2396 (NRS 604D.200), a
		  list consisting of each person who holds an ownership interest in the
		  applicant.
2. If the Commissioner
		  determines it to be necessary, the Commissioner may require any person on the
		  list submitted pursuant to subsection 1 who is not otherwise required to comply
		  with the requirements of section 13.2 of Senate Bill No. 290, chapter 400,
		  Statutes of Nevada 2023, at page 2399 (NRS 604D.310), to comply with the
		  requirements of that section.
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
sections 13.1, 13.2 and 32 of Senate Bill No. 290, chapter 400,
				Statutes of Nevada 2023, at pages 2398, 2399 and 2407, respectively (NRS
				604D.180, 604D.300, 604D.310)
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 8 - NEW

Current through June 11, 2024
1. The Commissioner
		  will charge and collect a fee of $75 per hour from each licensee for any
		  supervision, examination, audit, investigation or hearing conducted pursuant to
		  sections 2 to 33.5, inclusive, of Senate Bill No. 290, chapter 400, Statutes of
		  Nevada 2023, at pages 2395 to 2408, inclusive (chapter 604D of NRS).
2. The Commissioner will bill each licensee
		  upon completion of the activity for the fee established in subsection 1. The
		  fee must be paid within 30 days after the date on which the bill is received.
		  Except as otherwise provided in this subsection, any payment received after
		  that date must include a penalty of 10 percent of the fee plus an additional 1
		  percent of the fee for each month, or portion of a month, that the fee is not
		  paid. The Commissioner may waive the penalty for good cause shown.
3. Failure of a licensee to pay the fee
		  required in subsection 1, as provided in this section, constitutes grounds for
		  revocation of the license of the licensee.
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
sections 21 and 32 of Senate Bill No. 290, chapter 400,
				Statutes of Nevada 2023, at pages 2403 and 2407, respectively (NRS 604D.180,
				604D.550)
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 9 - NEW

Current through June 11, 2024
1. Each licensee
		  shall pay to the Division of Financial Institutions of the Department of
		  Business and Industry an annual assessment of not more than $300 to cover the
		  costs related to the employment of a certified public accountant.
2. The Division shall bill each licensee for
		  the assessment. The assessment must be paid within 30 days after the date on
		  which the bill is received. Except as otherwise provided in this subsection,
		  any payment received after that date must include a penalty of 10 percent of
		  the assessment plus an additional 1 percent of the assessment for each month,
		  or portion of a month, that the assessment is not paid. The Division may waive
		  the penalty for good cause shown.
3. Failure of a licensee to pay the
		  assessment required in subsection 1, as provided in this section, constitutes
		  grounds for revocation of the license of the licensee.
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
sections 21 and 32 of Senate Bill No. 290, chapter 400,
				Statutes of Nevada 2023, at pages 2403 and 2407, respectively (NRS 604D.180,
				604D.550)
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 10 - NEW

Current through June 11, 2024
1. In addition to
		  the information required by section 28 of Senate Bill No. 290, chapter 400,
		  Statutes of Nevada 2023, at page 2405 (NRS 604D.500), a report submitted by a
		  licensee pursuant to that section must include:
(a) The total number of fees paid by users
		  and the total value of fees paid by users in this State in the immediately
		  preceding year;
(b) The total
		  number of fees for expedited delivery of proceeds paid by users and the total
		  value of such fees paid by users in this State in the immediately preceding
		  year;
(c) The total number of users
		  who have outstanding proceeds at the time of reporting and the total value of
		  such outstanding proceeds;
(d) The
		  total number of requests for reimbursement of overdraft or non-sufficient funds
		  fees in this State in the immediately preceding year;
(e) In cases where the licensee is seeking
		  repayment of outstanding proceeds, the total number of reimbursed overdraft or
		  non-sufficient funds fees in this State and the total value of reimbursed
		  overdraft or non-sufficient funds fees in this State in the immediately
		  preceding year;
(f) The total
		  number of users with zero fees or charges; and
(g) The total number of voluntary tips,
		  gratuities or donations received and the total value of such voluntary tips,
		  gratuities or donations received.
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 11 - NEW

Current through June 11, 2024
Each licensee shall retain all records concerning a user or
			 employer in this State for at least 6 years.
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
section 32 of Senate Bill No. 290, chapter 400, Statutes of
				Nevada 2023, at page 2407 (NRS 604D.180)
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 12 - NEW

Current through June 11, 2024
1. A licensee shall
		  not advertise in any manner that:
(a) May tend
		  to confuse the identity of the licensee with any other unrelated licensee or
		  the employer of a user; or
(b) Is
		  unethical, false or misleading.
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 13 - NEW

Current through June 11, 2024
A person shall not engage in the business of providing earned
			 wage access services in this State unless:
1. The person holds a license issued pursuant
		  to section 12 of Senate Bill No. 290, chapter 400, Statutes of Nevada 2023, at
		  page 2396 (NRS 604D.200), and any license or permit required by a local
		  governmental entity; and
2. The
		  location of the principal place of business:
(a) Complies with any applicable planning and
		  zoning ordinances; and
(b) Is a
		  commercial place of business and not a private residence.
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 14 - NEW

Current through June 11, 2024
1. Except as otherwise provided in subsection
		  2, a person who wishes to apply for a license as a provider where the location
		  of the principal place of business is outside of this State must agree to:
(a) Make available to the Commissioner, at a
		  location within this State, the books, accounts, papers, records and files of
		  the principal place of business located outside this State; or
(b) Pay the reasonable expenses for travel,
		  meals and lodging of the Commissioner incurred during any investigation or
		  examination made at an office or principal place of business located outside
		  this State.
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 15 - NEW

Current through June 11, 2024
1. The Commissioner may revoke or suspend the
		  license of a licensee for any violation of this chapter or sections 2 to 33.5,
		  inclusive, of Senate Bill No. 290, chapter 400, Statutes of Nevada 2023, at
		  pages 2395 to 2408, inclusive (chapter 604D of NRS), including, without
		  limitation, a violation of any provision that imposes a fee or
		  assessment.
2. The Commissioner may
		  revoke the license of a licensee if the licensee does not allow the Division of
		  Financial Institutions of the Department of Business and Industry to conduct an
		  examination, investigation or audit of any books, accounts, papers, records and
		  files.
3. Any revocation or
		  suspension of a license pursuant to this section must be made in accordance
		  with the procedures set forth in sections 2 to 33.5, inclusive, of Senate Bill
		  No. 290, chapter 400, Statutes of Nevada 2023, at pages 2395 to 2408, inclusive
		  (chapter 604D of NRS).
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
section 32 of Senate Bill No. 290, chapter 400, Statutes of
				Nevada 2023, at page 2407 (NRS 604D.180)
Nevada Administrative Code › Chapter 604d - NEW › Section 604d.Sec. 16 - NEW

Current through June 11, 2024
The Commissioner may request any information or documentation
			 deemed necessary to perform an examination or investigation of an applicant or
			 licensee.
Added
			 by
			 R096-23A,
			 eff. 7/1/2024
section 32 of Senate Bill No. 290, chapter 400, Statutes of
				Nevada 2023, at page 2407 (NRS 604D.180)
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.010 - Scope

Current through June 11, 2024
The provisions of this chapter govern all practice and
				procedure before the Commissioner, including, without limitation, whenever he
				or she is adopting regulations, issuing declaratory orders, conducting
				inquiries and investigations, conducting hearings or determining contested
				cases.
Labor Comm'r Practice Rules §§ 1.1 & 1.2, eff. 3-30-75-NAC A by R134-03, 12-4-2003;	A by
				R019-18A,
				eff. 12/18/2019
NRS 233B.050,
				607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.020 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 607.021 to 607.029, inclusive, have the meanings ascribed to them in those sections.
Labor Comm'r Practice Rules, supplied in codification, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.021 - "Applicant" defined

Current through June 11, 2024
"Applicant" means a person who is applying for any right or authority from the Commissioner.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.023 - "Complainant" defined

Current through June 11, 2024
"Complainant" means a person who has filed a complaint or a claim for wages with the Commissioner. The term includes the Commissioner if he brings a complaint on his own motion.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.024 - "Determination" defined

Current through June 11, 2024
"Determination" means a proposed finding by the Commissioner as to whether a violation of any statute or regulation subject to his jurisdiction has occurred.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.025 - "Intervener" defined

Current through June 11, 2024
"Intervener" means a person whose petition to intervene in a proceeding has been granted by the Commissioner pursuant to NAC 607.110.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.028 - "Petitioner" defined

Current through June 11, 2024
"Petitioner" means a person who has petitioned for affirmative relief, but who is not a complainant or applicant.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.029 - "Respondent" defined

Current through June 11, 2024
"Respondent" means a person:
1. Against whom a complaint has been filed;
2. Against whom a determination has been issued; or
3. Who has filed with the Commissioner an objection to a determination.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.030 - Construction

Current through June 11, 2024
The provisions of this chapter will be liberally construed to secure the just, speedy and economical determination of all issues presented to the Commissioner.
Labor Comm'r Practice Rules § 1.3, eff. 3-30-75-NAC A by R134-03, 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.035 - Severability

Current through June 11, 2024
Each provision of this chapter is hereby declared to be separable and the invalidity of any provision does not affect the validity of any other provision.
Labor Comm'r Practice Rules § 10.2, eff. 3-30-75-NAC A by R134-03, 12-4-2003-Substituted in revision for NAC 607.630
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.040 - Deviation from provisions

Current through June 11, 2024
1.  In special cases, upon a showing of good cause or the
				Commissioner's own motion, the Commissioner may permit deviation from the
				provisions of this chapter with regard to a matter if:
(a)  Except when the requested deviation from those provisions
				is based upon the motion of the Commissioner, the person requesting the
				deviation provides to the Commissioner a specific reference to each provision
				of this chapter from which he or she is requesting deviation;
(b)  The Commissioner determines that deviation from those
				provisions would not adversely affect the substantial interests of the parties
				to the matter; and
(c)  The parties to the matter are provided notice of the
				Commissioner's preliminary decision to permit deviation from those provisions
				and an opportunity to object to the decision not later than 15 days after the
				issuance of the notice.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › GENERAL PROVISIONS › Section 607.045 - Computation of time

Current through June 11, 2024
The time within which any act must be done will be computed by
				excluding all days before the second business day and including the last day
				unless the last day is a Saturday, Sunday or legal holiday, in which case the
				next business day is the last day of the time limit.
Labor Comm'r Practice Rules § 10.1, eff. 3-30-75-Substituted in revision for NAC 607.620;	A by
				R019-18A,
				eff. 12/18/2019
NRS 233B.050,
				607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Inquiries, Investigations, Claims and Determinations › Section 607.060 - Inquiries and investigations: Authority of Commissioner; issuance of determination

Current through June 11, 2024
1. The Commissioner may inquire into and investigate possible violations of law in all matters relating to his duties.
2. If, after an inquiry or investigation has been completed, the Commissioner concludes that a violation of any statute or regulation subject to his jurisdiction may have occurred, the Commissioner will issue a determination pursuant to NAC 607.065 to the employer or other person who is the subject of the inquiry or investigation.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Inquiries, Investigations, Claims and Determinations › Section 607.065 - Determination: Contents; service; action by recipient; final order

Current through June 11, 2024
1.  A determination issued by the Commissioner will
				  contain:
(a)  A clear and plain statement of each alleged
				  violation;
(b)  A citation to the statute or regulation alleged to have
				  been violated;
(c)  The relevant facts;
(d)  If applicable, any fines, penalties or other relief being
				  proposed by the Commissioner; and
(e)  Notice that the employer or other person who was the
				  subject of the inquiry or investigation may object to the determination
				  pursuant to NAC 607.070.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Inquiries, Investigations, Claims and Determinations › Section 607.070 - Objection to determination; action by Commissioner following period for objection

Current through June 11, 2024
1. An employer or other person to whom a determination has been issued may file a written objection to the determination with the Commissioner within 15 days after the date of service of the determination to request a hearing on the matter.
2. The written objection must be accompanied by a short statement that identifies the specific findings within the determination upon which the objection is based and facts to substantiate the objection.
3. Within 15 days after the last date on which an objection may be filed, the Commissioner will:
(a) Schedule a hearing on the matter if:
(1) The objection is timely filed and the Commissioner determines that the objection is not frivolous or lacking merit; or
(2) The Commissioner determines that a hearing on the matter is merited on other grounds; or
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Inquiries, Investigations, Claims and Determinations › Section 607.075 - Claim for wages: Review by Commissioner; notice of claim; action by employer; issuance of determination

Current through June 11, 2024
1.  Upon the electronic filing with the Commissioner of a
				  claim for wages or an anonymous claim, the Commissioner will review the claim
				  to determine whether to take jurisdiction of the claim.
2.  If the Commissioner, after reviewing the claim and
				  conducting such further inquiry as he or she deems necessary, determines that
				  the complainant has the ability to employ private counsel or that the
				  information submitted with the claim is insufficient to substantiate the claim,
				  the Commissioner may decline to take jurisdiction of the claim or may return
				  the claim to the complainant for further information necessary to substantiate
				  the claim.
3.  If the Commissioner takes jurisdiction of the claim, the
				  Commissioner will issue a notice of claim for wages to the employer who is the
				  subject of the claim and cause a copy of the notice of claim for wages to be
				  served upon the employer by United States mail, facsimile or electronic
				  mail.
4.  A notice of claim for wages will set forth the claim of
				  the employee and include:
(a)  The name of the employer;
(b)  The name of the employee;
(c)  A copy of the claim for wages;
(d)  A citation to the statute or regulation alleged to have
				  been violated;
(e)  The hourly wage or commission rate claimed by the
				  employee;
(f)  The wages alleged to be owed to the employee;
(g)  The basis on which the wages alleged to be owed to the
				  employee were calculated; and
(h)  Notice to the employer that he or she may object to the
				  notice of claim for wages.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Inquiries, Investigations, Claims and Determinations › Section 607.080 - Claim for wages: Investigation by Commissioner upon objection by employer; issuance of determination

Current through June 11, 2024
1.  Upon receiving written notice from an employer of a
				  meritorious objection to a notice of claim for wages pursuant to subsection 5
				  of NAC 607.075, the Commissioner will commence an investigation into the facts
				  and circumstances in dispute to determine whether a violation of chapter 608 of
				  NRS or any regulation adopted pursuant thereto has occurred in the course of an
				  employment relationship.
2.  The Commissioner may request from the parties to the
				  dispute any information that the Commissioner believes is necessary to
				  determine the facts of the dispute. If any party fails to provide such
				  information as requested, the Commissioner may choose to disregard that
				  information in any future proceeding concerning the claim.
3.  Upon completing the investigation, the Commissioner will
				  issue a determination, and cause service thereof to be effected, pursuant to
				  subsection 2 of NAC 607.065.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Parties and Jurisdiction › Section 607.085 - Appearance of party

Current through June 11, 2024
A party may enter an appearance at the beginning of a hearing or at any time designated by the presiding officer by giving his name and address and stating his position or interest to the presiding officer. The appearance will be recorded in the transcript of the hearing.
Labor Comm'r Practice Rules § 4.3, eff. 3-30-75-Substituted in revision for NAC 607.120
NRS 233B.050, 607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Parties and Jurisdiction › Section 607.090 - Representation of party

Current through June 11, 2024
The representation of a party in any proceeding before the
				  Commissioner is subject to the following:
1.  A party may represent himself or herself or designate one
				  of his or her employees to represent him or her.
2.  An attorney representing a party must be either a member
				  in good standing of the State Bar of Nevada or associated with such a member of
				  the State Bar of Nevada. The attorney must submit a letter of representation to
				  the Commissioner.
3.  Upon the request of a party and a showing of good cause,
				  the Commissioner may permit any other person the party designates to represent
				  the party.
4.  A representative wishing to withdraw from a proceeding
				  before the Commissioner must:
(a)  Provide to the Commissioner and to each party to the
				  proceeding written notice of the intent of the representative to withdraw;
				  and
(b)  Provide to the Commissioner the current address and
				  telephone number of the party from whose representation the representative
				  wishes to withdraw.
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Parties and Jurisdiction › Section 607.095 - Complainant: Inquiry into financial condition

Current through June 11, 2024
If it appears to the Commissioner that a complainant can
				  afford to employ private counsel, the Commissioner may inquire into the
				  financial condition of the complainant and may decline to take jurisdiction of
				  the matter.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003;	A by
				  R019-18A,
				  eff. 12/18/2019
NRS 233B.050,
				  607.160
Nevada Administrative Code › Chapter 607 - Labor Commissioner › ADMINISTRATIVE PROCEEDINGS › Parties and Jurisdiction › Section 607.100 - Complainant: Relief under collective bargaining agreement

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, if it appears to the Commissioner that a complainant has relief under the terms of a collective bargaining agreement, the Commissioner may decline to take the matter under consideration until all remedies under the collective bargaining agreement have been exhausted.
2. If the complainant clearly demonstrates that the relief provided under the collective bargaining is inadequate or unavailable, the Commissioner will take jurisdiction of the matter.
Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003
NRS 233B.050, 607.160