reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 624 - Contractors › WORK CONCERNING RESIDENTIAL POOLS AND SPAS › Section 624.6964 - Requirements for schedule of payments; exceptions

Current through June 11, 2024
Except as otherwise provided in this section, a schedule of
				payments that is required to be included in a contract for work concerning a
				residential pool or spa pursuant to subsection 2 of NAC 624.6958 and any
				payment made pursuant to that schedule must comply with the following
				requirements:
1. The schedule of
			 payments must be stated in dollars and cents and must, for each payment,
			 specifically reference the amount of work or services to be performed and any
			 materials and equipment to be supplied or installed.
2. The schedule of payments must not set a
			 timetable for the completion of any stage or phase of the project that exceeds
			 30 days, unless completion of the stage or phase is delayed by an act of God or
			 the owner agrees in writing to a longer period.
3. Except as otherwise provided in subsection
			 4, the schedule of payments must not provide for the contractor to receive, nor
			 may the contractor actually receive, payments in excess of 100 percent of the
			 contracted amount for any stage or phase of the work performed on the project
			 at any time, excluding any applicable finance charges.
4. The schedule of payments may provide for
			 the owner to pay to the contractor a down payment that complies with the
			 provisions of paragraph (g) of subsection 2 of
			 NRS
			 624.940.
5. Payment for any stage or phase of the work
			 performed for the contracted amount, as set forth in the schedule of payments,
			 must not be due until the completion of that stage or phase of
			 construction.
6. A contractor may
			 require final payment for the final stage or phase of the construction of a
			 residential pool or spa after the completion of the plastering and the final
			 inspection by the local building department, unless any installation of
			 equipment, decking or fencing that is required in the contract is not
			 completed.
7. The requirements set
			 forth in subsections 1 to 6, inclusive, do not apply if the contract provides
			 for:
(a) The contractor to furnish a bond for
			 payment and performance covering full performance and completion of the
			 contract;
(b) Full payment to be
			 made upon satisfactory completion of the entire project; or
(c) A schedule of payments to commence upon
			 satisfactory completion of the entire project.
Nevada Administrative Code › Chapter 624 - Contractors › WORK CONCERNING RESIDENTIAL POOLS AND SPAS › Section 624.6966 - Duties of contractor

Current through June 11, 2024
1. A contractor who
			 receives an initial payment of $1,000 or 10 percent of the aggregate contract
			 price, whichever is less, pursuant to a contract for work concerning a
			 residential pool or spa shall start the work within 30 days after the date all
			 necessary permits for the work, if any, are issued, unless the person who made
			 the payment agrees in writing to a longer period to apply for the necessary
			 permits or start the work or to longer periods for both.
2. A contractor who receives money pursuant
			 to a contract for work concerning a residential pool or spa shall complete the
			 work diligently and shall not refuse to perform any work for any 30-day
			 period.
3. If satisfactory payment
			 is made for any portion of the work performed, the contractor shall, before any
			 further payment is made, furnish the owner a full and unconditional release
			 from any claim of mechanic's lien for that portion of the work for which
			 payment has been made.
4. The
			 requirements of subsection 3 do not apply if the contract provides for the
			 contractor to furnish a bond for payment and performance covering full
			 performance and completion of the contract and the bond is furnished by the
			 contractor.
5. At the time the
			 owner signs the contract, the contractor shall furnish the owner a legible copy
			 of all documents signed and a written and signed receipt for any money paid to
			 the contractor by the owner.
6. The
			 contractor shall apply for and obtain all necessary permits in a timely
			 manner.
Added to NAC by
				Contractors' Bd., eff. 12-17-97; A by R098-12,
				12-20-2012
NRS
				  624.100,
				  624.930,
				  624.935,
				  624.940
Nevada Administrative Code › Chapter 624 - Contractors › WORK CONCERNING RESIDENTIAL POOLS AND SPAS › Section 624.69675 - Prohibited advertising practices; sale to builder who is also owner of pool or spa

Current through June 11, 2024
1. A contractor
			 shall not:
(a) Engage in deceptive
			 advertising or "bait and switch" advertising in connection with the sale of
			 contracts for work concerning residential pools or spas or the sale of
			 residential pools or spas.
(b) Sell
			 a residential pool or spa for installation pursuant to the exemption set forth
			 in subsection 4 of
			 NRS
			 624.031 unless the contractor provides to the
			 builder who is also the owner of the residential pool or spa a copy of the
			 provisions of
			 NRS
			 278.573, subsection 4 of
			 NRS
			 624.031 and
			 NRS
			 624.930.
Nevada Administrative Code › Chapter 624 - Contractors › WORK CONCERNING RESIDENTIAL POOLS AND SPAS › Section 624.6968 - Compliance with applicable federal, state or local law

Current through June 11, 2024
The provisions of NAC 624.695 to 624.697, inclusive, do not
				relieve a contractor of the duty to comply with any other applicable federal,
				state or local law.
Added to NAC by
				Contractors' Bd., eff. 12-17-97
NRS
				  624.100
Nevada Administrative Code › Chapter 624 - Contractors › WORK CONCERNING RESIDENTIAL POOLS AND SPAS › Section 624.697 - Effect of failure to comply with requirements of law

Current through June 11, 2024
If a contractor, while carrying out duties preparatory to
				entering into or pursuant to a contract for work concerning a residential pool
				or spa, fails to comply with one or more of the provisions of
				NRS 624.900 to
				624.965,
				inclusive, and NAC 624.695 to 624.697, inclusive, such failure:
1. Renders the contract unenforceable against
			 the owner; and
2. Constitutes cause
			 for disciplinary action pursuant to
			 NRS
			 624.300.
Added to NAC by
				Contractors' Bd., eff. 12-17-97; A by R098-12,
				12-20-2012
NRS
				  624.100,
				  624.940
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.6975 - Definitions

Current through June 11, 2024
As used in NAC 624.6975 to
				624.7296, inclusive, and sections
				2, 3 and 4 , unless the context otherwise requires, the words and terms defined
				in NAC 624.6978 to
				624.6987, inclusive, and section
				2 , have the meanings ascribed to them in those sections.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by R022-04, 4-30-2004; R146-07,
				4-17-2008; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.6978 - "Complaint" defined

Current through June 11, 2024
"Complaint" means a document issued by the Executive Officer to
				a respondent that includes a short and plain statement alleging a violation of
				a provision of this chapter or chapter 624 of NRS.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.6981 - "Contested case" defined

Current through June 11, 2024
"Contested case" has the meaning ascribed to it in
				NRS
				233B.032.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002
NRS
				  624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.6984 - "Notice of hearing" defined

Current through June 11, 2024
"Notice of hearing" means a document that includes the
				information required by
				NRS
				233B.121.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002
NRS
				  624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.6987 - "Respondent" defined

Current through June 11, 2024
"Respondent" means a licensee or an applicant for a
				contractor's license who is charged in a complaint with a violation of the
				provisions of this chapter or chapter 624 of NRS.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002
NRS
				  624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.6989 - ''Suspend'' defined

Current through June 11, 2024
"Suspend" means to impose a temporary prohibition against a
				licensee engaging in work as a contractor pursuant to chapter 624 of
				NRS.
Added to NAC
				by Contractors' Bd by
				R014-19A,
				eff. 11/2/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.699 - Receipt of written documents by Board

Current through June 11, 2024
A written document shall be deemed received by the Board if the
				document is:
1. Filed at the office of
			 the Board in Henderson, Nevada, or Reno, Nevada, and addressed to the Executive
			 Officer; or
2. Presented to the
			 Board at a hearing.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.700 - Allegations against licensees; investigations; authority of Executive Officer

Current through June 11, 2024
1. Any aggrieved
			 person may file with the Board an allegation against any licensee. The
			 allegation must:
(a) Be written;
(b) Describe the specific allegation;
			 and
(c) Include any documentation
			 related to the allegation.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.705 - Qualifications of person serving as hearing officer

Current through June 11, 2024
A person serving as a hearing officer to whom the Board has
				delegated its authority pursuant to
				NRS
				624.140 or
				624.2545,
				as amended by section 1 of chapter 334, Statutes of Nevada 2019, at page 2031,
				must:
1. Be an attorney in good
			 standing licensed to practice law in this State;
2. Have at least 5 years of experience as an
			 attorney licensed to practice law in this State or another state which
			 includes, without limitation, preparing for, participating in or reviewing
			 formal hearings or trials in civil actions or administrative proceedings at the
			 federal, state or local level; and
3. Possess one of the following
			 qualifications:
(a) Have at least 5 years of
			 experience as an attorney licensed to practice law in this State or another
			 state practicing in the fields of construction law, bankruptcy law and the
			 licensing of contractors; or
(b) Be
			 a former:
(1) Judge of a state court of
			 general jurisdiction;
(2) Federal
			 judge; or
(3) Federal magistrate
			 judge.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.710 - Notice of address change; probation in lieu of immediate suspension or revocation of license

Current through June 11, 2024
1. The address of
			 an applicant or licensee which is on file with the Board shall be deemed to be
			 the correct address of the applicant or licensee.
2. Within 30 days after any change of
			 address, an applicant or licensee shall provide to the Board written notice of
			 any change of address of the applicant or licensee.
3. If any document that is required by NAC
			 624.6975 to
			 624.7296, inclusive, to be served
			 upon an applicant or licensee may be served by mailing or sending the document
			 to the applicant or licensee at a physical address, the mailing or sending of
			 the document to the address on file with the Board for the applicant or
			 licensee shall be deemed a valid and effective service.
Added to NAC by
				Contractors' Bd., eff. 8-26-83; A by R081-01, 11-8-2001; R014-02, 7-2-2002; A
				by
				R014-19A,
				eff. 5/21/2020; A by
				R047-23A,
				eff. 4/19/2024
NRS 624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.711 - Conditions for contractor placed on probation in lieu of suspension or revocation of license to continue existing construction projects; subsequent discipline of contractor

Current through June 11, 2024
If the Board or its designee has grounds to suspend or revoke a
				contractor's license or otherwise discipline a contractor, the Board or its
				designee may place the contractor on probation until the contractor completes
				the contractor's existing construction projects or portions thereof under
				conditions deemed necessary by the Board to protect the public, the
				construction project and the owner of the construction project. The Board or
				its designee may thereafter suspend or revoke the contractor's license or
				otherwise discipline the contractor.
Added to NAC
				by Contractors'Bd by
				R014-19A,
				eff. 11/2/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.712 - Requirements of order imposing probation; terms and conditions of probation

Current through June 11, 2024
1. An order of the Board that imposes
			 probation must state:
(a) The period of time
			 during which a licensee is subject to probation;
(b) The terms and conditions imposed by the
			 Board during the period of probation; and
(c) The consequences for the failure of a
			 licensee to comply with the terms and conditions imposed by the
			 Board.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.713 - Notice of contemplated action: Contents; response

Current through June 11, 2024
1. A notice that the Board provides to a
			 licensee pursuant to NAC
			 624.7256 will include:
(a) A copy of the complaint;
(b) The date by which the licensee is
			 required to submit an answer or responsive pleading and any supporting
			 documents to the Board;
(c) A
			 statement that the licensee is entitled to a hearing only if the licensee
			 complies with the provisions set forth in paragraph (b); and
(d) A statement that the failure of the
			 licensee to comply with the provisions of subsection 2 may cause the Board to
			 enter a default order against the licensee.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.716 - Notice of contemplated action: Hearing; default order; request for reconsideration

Current through June 11, 2024
1. If a licensee
			 receives a notice from the Board pursuant to NAC
			 624.7256, the licensee is
			 entitled to a hearing only if the licensee complies with the provisions of
			 paragraph (b) of subsection 1 of NAC
			 624.713. If the licensee fails to
			 comply with those provisions, the Board or its designee will hold a hearing to
			 determine whether it will enter a default order against the licensee.
2. The Board or its designee may consider at
			 the hearing:
(a) The complaint and any amended
			 complaints provided to the licensee;
(b) Any notices provided to the licensee
			 pursuant to NAC
			 624.7256;
(c) Any communication between the Board and
			 the licensee; and
(d) Any other
			 evidence relating to the allegations set forth in the complaint or amended
			 complaints.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.720 - Notice of impaired financial responsibility or violation of law

Current through June 11, 2024
If the Board believes that a licensee's financial
				responsibility is impaired or that the licensee is in violation of chapter 624
				of NRS or this chapter, the Board will so notify the licensee and may set a
				hearing regarding the financial responsibility of the licensee or the alleged
				violation by the licensee of chapter 624 of NRS or this
				chapter.
Added to NAC by
				Contractors' Bd., eff. 8-26-83; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.725 - Administrative citation: Service; contents

Current through June 11, 2024
A written administrative citation issued pursuant to
				NRS
				624.341 may be served by personal service on
				the person named in the administrative citation, or a designated representative
				thereof, or by certified mail to the address of record of the person and must
				include, to the extent applicable:
1.
			 The name and last known business or residential address of the
			 person;
2. A numbered
			 identification of the person;
3.
			 The date on which the citation is issued;
4. The number of the citation;
5. A list of the sections of this chapter or
			 chapter 624 of NRS which the person is alleged to have violated and a
			 description of the alleged violation;
6. Corrective actions, if any, ordered
			 against the person;
7.
			 Administrative fines, if any, to be assessed against the person;
8. The reimbursement costs, if any, which the
			 person is ordered to pay to cover the costs of any investigation;
9. The date by which the person must complete
			 any corrective actions ordered;
10.
			 The date by which the person must pay any administrative fines or reimbursement
			 of investigative costs;
11. A
			 description of the manner in which the person may contest the citation,
			 including, without limitation, the period during which the person may contest
			 the citation and the consequences of failing to contest the citation
			 timely;
12. The signature of the
			 Executive Officer; and
13. Any
			 other information required by the Board.
Added to NAC by
				Contractors' Bd. by R067-01, eff. 12-17-2001; A by R022-04, 4-30-2004; R146-07,
				4-17-2008; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100,
				624.341,
				624.361
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.72505 - Administrative citation: Withdrawal

Current through June 11, 2024
A written administrative citation issued pursuant to
				NRS
				624.341 may be withdrawn:
1. By the Board at any time.
2. By the Executive Officer :
(a) Before the citation is deemed a final
			 order of the Board pursuant to
			 NRS
			 624.345; or
(b) If the cited person contests the
			 citation, before the commencement of the hearing required pursuant to NRS
			 NRS
			 624.351.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.72512 - Order for corrective action: Determination to include in administrative citation

Current through June 11, 2024
In addition to any other factors that the Board uses to
				determine whether an administrative citation issued pursuant to
				NRS
				624.341 should include an order for
				corrective action, the Board or its designee may consider:
1. Whether compliance with such an order
			 would result in excessive destruction or substantial waste to the existing
			 construction on the construction project;
2. The willingness of the owner of the
			 construction project to allow such corrective action; or
3. A determination by the Executive Officer
			 or his or her designee that the licensee is able to perform the corrective
			 action.
Added to NAC by
				Contractors' Bd. by R022-04, eff. 4-30-2004; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100,
				624.341
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.72514 - Order for corrective action: Determination of time permitted for compliance

Current through June 11, 2024
In determining the time permitted for compliance with an order
				for corrective action issued pursuant to
				NRS
				624.341, the Board or its designee will
				determine the time for compliance with the order by considering, without
				limitation:
1. The accepted industry
			 practice regarding the performance of the work necessary to comply with the
			 order for corrective action, in the climate or weather conditions of the area
			 in which the construction project is located.
2. The number of days during which the owner
			 of the construction project will make the site of the construction project
			 available for the contractor to comply with the order for corrective
			 action.
3. The time necessary to
			 obtain materials required for the contractor to comply with the order for
			 corrective action.
Added to NAC by
				Contractors' Bd. by R022-04, eff. 4-30-2004; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100,
				624.341,
				624.361
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.72516 - Order for corrective action: Extension of time for compliance

Current through June 11, 2024
1. A licensee who is issued an administrative
			 citation pursuant to
			 NRS
			 624.341 which includes an order for
			 corrective action may request an extension of time to comply with the
			 order.
2. A request for an
			 extension made pursuant to this section must:
(a) Be submitted in writing to the Executive
			 Officer;
(b) Set forth an
			 explanation of the efforts made by the licensee to comply with the order for
			 corrective action; and
(c) Be
			 received by the Executive Officer or his or her designee before the expiration
			 of the time allowed for compliance with the order set forth in the
			 citation.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.72518 - Order for corrective action: Responsibility of licensee for performance by hired licensee

Current through June 11, 2024
If a licensee is issued an administrative citation pursuant to
				NRS
				624.341 that includes an order for corrective
				action and the cited licensee hires and pays another licensee to perform the
				corrective action pursuant to subparagraph (2) of paragraph (f) of subsection 1
				of
				NRS
				624.300, the cited licensee and the hired
				licensee are jointly responsible for any failure of the hired licensee to
				comply with the order for corrective action included in the
				citation.
Added to NAC by
				Contractors' Bd. by R022-04, eff. 4-30-2004; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100,
				624.300,
				624.341
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7253 - Liberal construction of provisions governing practices in contested cases; deviation from provisions

Current through June 11, 2024
1. The provisions
			 of NAC 624.6975 to
			 624.7296, inclusive, and sections
			 2, 3 and 4 , govern practices in any contested case before the Board, and the
			 Board or its designee will liberally construe those provisions to determine all
			 matters before the Board or its designee in a just, speedy and economical
			 manner.
2. The Board or its
			 designee may allow a deviation from the provisions of NAC
			 624.6975 to
			 624.7296, inclusive, and sections
			 2, 3 and 4 , if the Board or its designee determines that the deviation would
			 not have a material adverse effect on the substantial interests of the parties
			 and good cause for the deviation exists. If the Board or its designee allows
			 such a deviation, it will include in the record the deviation and the reasons
			 for the deviation.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by R022-04, 4-30-2004; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7256 - Time and place of hearing; notice; time for objection

Current through June 11, 2024
1. The Board will:
(a) Set the date, time and place of a hearing
			 for a contested case; and
(b) At
			 least 21 days before the hearing, send a copy of the complaint and notice of
			 hearing by certified mail, return receipt requested, to the respondent at the
			 address on file with the Board, or by personal service in the manner provided
			 in NRS and the Nevada Rules of Civil Procedure for service in civil actions.
			 The complaint and notice of hearing may be included in the same document. A
			 proof of service must be attached to the original of any document that is
			 served by mail.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7259 - Addition or dismissal of cause for disciplinary action; amendment or withdrawal of complaint

Current through June 11, 2024
1. The Executive
			 Officer may add or dismiss a cause for disciplinary action against a respondent
			 before the Board or its designee holds a hearing on that cause of
			 action.
2. The Board or the
			 Executive Officer may amend a complaint at any time. Notice of an amended
			 complaint must be given in the same manner as a notice of an original
			 complaint. The Board will grant a continuance if an amendment materially alters
			 the complaint in such a way that the respondent will be unable to prepare the
			 respondent's case in a timely manner.
3. The Executive Officer may withdraw a
			 complaint at any time.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by R190-03, 1-22-2004; A by
				R014-19A,
				eff. 5/21/2020; A by
				R047-23A,
				eff. 4/19/2024
NRS 624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7263 - Request for continuance; granting of continuance

Current through June 11, 2024
1. A
			 respondent or a respondent's attorney may request a continuance of a hearing
			 upon a showing of good cause. A request for a continuance must be submitted to
			 the Executive Officer in writing on a form prescribed by the Board. The request
			 must be received by the Executive Officer at least 14 days before the
			 hearing.
2. A request for a
			 continuance must specify the reasons constituting good cause for granting the
			 continuance. A request for a continuance that is received less than 14 days
			 before the hearing must indicate that the request is the result of an emergency
			 which arose less than 14 days before the hearing.
3. The Executive Officer may grant a
			 continuance before a hearing is held if the request for a continuance is
			 received more than 14 days before the hearing. The Board or its designee may
			 grant a continuance if the request for a continuance is received not more than
			 14 days before the hearing. The Board or its designee may continue a hearing at
			 any time after the hearing is commenced.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7266 - Form of papers submitted to Board

Current through June 11, 2024
1. All papers
			 submitted to the Board by a party in a contested case must be typewritten on
			 one side only, on white paper that is 8 1/2 by 11 inches in size. The first
			 page of each document must include the names of the parties in the contested
			 case and the number, if any, assigned to the case by the Board.
2. All papers submitted to the Board must be
			 submitted to the Executive Officer or as otherwise directed by the Board or its
			 designee.
3. The parties to a
			 contested matter may consent to electronic service and serve papers
			 electronically in a manner agreed to by the parties.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7269 - Consolidation of contested cases

Current through June 11, 2024
The Executive Officer or the Board or its designee may
				consolidate two or more contested cases if the Executive Officer or the Board
				or its designee determines that the issues are substantially similar and the
				interests of the parties will not be prejudiced by the consolidation. The
				presiding officer of the hearing will determine the order of procedure at a
				consolidated hearing.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7273 - Motions: Contents; opposition; written reply; decision by Board

Current through June 11, 2024
1. A party may only make those motions set
			 out in subsection 2 of
			 NRS
			 622A.360. A motion, unless made at a hearing,
			 must be made in writing and must be served and filed not later than 20 days
			 before the date of the hearing at which the motion may be considered.
2. A written motion must set forth the nature
			 of the relief requested and the grounds for the relief.
3. A party who wishes to oppose a motion must
			 serve and file a written response to the motion not later than 14 days after
			 receiving the motion.
4. The moving
			 party may serve and file a written reply only if an opposition to the motion
			 has been served and filed. Any such reply must be served and filed not later
			 than 2 days before the date of the hearing at which the motion may be
			 considered.
5. The Board or its
			 designee may issue a decision on a motion without oral argument.
6. If the Board or its designee wishes to
			 oppose a motion, the Board or its designee is not required to serve or file a
			 written response to the motion.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by R190-03, 1-22-2004; R098-12,
				12-20-2012; A by
				R014-19A,
				eff. 5/21/2020; A by
				R047-23A,
				eff. 4/19/2024
NRS 624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7276 - Subpoenas: Application; issuance and service

Current through June 11, 2024
1. A
			 party may apply to the Board for the issuance of a subpoena pursuant to
			 NRS
			 624.170. An application for the issuance of a
			 subpoena must:
(a) Be submitted in
			 writing;
(b) Include a statement of
			 the facts that demonstrate the reasons why the subpoena is necessary;
(c) Identify with reasonable particularity
			 the document, identity of the witness or other evidence sought by the
			 subpoena;
(d) Include an address of
			 where the document, witness or other evidence sought may be located or any
			 other information necessary for sufficient service of process; and
(e) Be received by the Board at least 14 days
			 before the hearing for which the subpoena is issued.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7279 - Representation of parties; rules of conduct; provision of information to attorney; withdrawal of attorney; consideration of evidence or exhibits

Current through June 11, 2024
1. Any party who appears at a hearing may
			 represent himself or herself or may be represented by an attorney licensed to
			 practice law in this State.
2. Each
			 person who appears at a hearing shall comply with the standards of ethical and
			 courteous conduct required in the courts of this State. If a person fails to
			 comply with those standards of conduct, the Board may:
(a) Exclude the person or the person's
			 representative from the hearing; or
(b) Terminate the hearing.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7283 - Failure to appear; presentation of evidence

Current through June 11, 2024
1. The
			 failure of a party to appear at a hearing shall be deemed a waiver of the
			 party's right to present evidence at a hearing of the Board. After presentation
			 to the Board or its designee of an offer of proof that the absent party was
			 given proper notice, and upon a determination by the Board or its designee that
			 proper notice was given to the absent party, the Board or its designee may hear
			 evidence without the participation of the absent party and may make its
			 decision based on the admitted evidence.
2. The Board or its designee may limit the
			 time each party is allowed to present evidence.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7286 - Order of proceedings

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, a hearing in a contested case will be
			 conducted in the following order:
(a) The
			 hearing will be called to order and the parties will be introduced on the
			 record.
(b) The complaint, notice
			 of hearing, answer and the file of the Board that relates to the complaint may
			 be placed in evidence.
(c) Any
			 preliminary motions or stipulations will be considered.
(d) The Board or its attorney will present
			 its case.
(e) The respondent will
			 present the respondent's case.
(f)
			 If allowed by the Board or its designee, rebuttal evidence and closing
			 arguments will be presented.
(g)
			 The Board or its designee may deliberate the case.
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7289 - Examination of witnesses

Current through June 11, 2024
1. A party may call
			 any other party or witness as an adverse witness. The party may question such a
			 witness as if conducting a cross-examination.
2. A party who is surprised by the testimony
			 of a witness, called in good faith as a witness on behalf of the party, may
			 question the witness as if conducting a cross-examination.
3. All testimony to be considered at a
			 hearing must be taken under oath.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by R190-03, 1-22-2004; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7291 - Rebuttable presumption that misrepresentation or omission of material fact to Board does not form a defense against complaint

Current through June 11, 2024
The misrepresentation or omission of a material fact to the
				Board by an applicant or a licensee creates a rebuttable presumption that the
				misrepresented or omitted material fact does not form a defense against a
				complaint.
Added to NAC
				by Contractors' Bd by
				R014-19A,
				eff. 11/2/2020
NRS
				624.100,
				624.3013
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7293 - Petition for rehearing or reconsideration

Current through June 11, 2024
Except as otherwise provided by law:
1. A petition for a rehearing or
			 reconsideration of a decision and order issued by the Board or its designee
			 must be served on all parties not later than 14 calendar days after the date of
			 service of a copy of the decision and order. The petition must state the
			 specific grounds upon which relief is requested.
2. Any responses to a petition must be served
			 not later than 14 calendar days after the receipt of the petition.
3. If a respondent submits a petition for
			 reconsideration of a decision issued by the Board or its designee, the Board or
			 its designee will review the petition to determine whether there is good cause
			 for a reconsideration of the decision.
4. If a respondent submits a petition for a
			 rehearing and wishes to present new evidence, the respondent must provide to
			 the Board or its designee a statement setting forth the reasons for the
			 respondent's failure to introduce the new evidence at the previous hearing and
			 a detailed description of the new evidence proposed to be introduced.
5. The Board or its designee will review a
			 petition for a rehearing or reconsideration. A decision concerning the petition
			 will be made not later than 14 calendar days after the petition is filed with
			 the Board. If a new hearing is ordered, the decision concerning the petition
			 will include the time, date and place of the hearing and the reasons for
			 ordering a new hearing. The new hearing will be conducted not later than 90
			 calendar days after the decision granting a rehearing or
			 reconsideration.
6. The Board or
			 its designee will provide notice of its order approving or denying the petition
			 to all parties at least 5 days before the expiration of the period for filing a
			 petition for judicial review.
7. If
			 a rehearing is conducted, the Board or its designee may require the respondent
			 to pay the costs of the rehearing.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by R190-03, 1-22-2004; A by
				R014-19A,
				eff. 5/21/2020
NRS
				624.100
Nevada Administrative Code › Chapter 624 - Contractors › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 624.7296 - Computation of periods

Current through June 11, 2024
Except as otherwise provided by law, in computing periods for
				the purposes of carrying out the provisions of NAC 624.6975 to 624.7296,
				inclusive, the first day on which any act occurs that causes a period to begin
				to run is not counted, and the last day of the period is counted, unless the
				last day is a Saturday, Sunday or legal holiday. If the last day is a Saturday,
				Sunday or legal holiday, the period runs until the end of the next day which is
				not a Saturday, Sunday or legal holiday.
Added to NAC by
				Contractors' Bd. by R014-02, eff. 7-2-2002; A by R022-04,
				4-30-2004
NRS
				  624.100
Nevada Administrative Code › Chapter 624 - Contractors › COMPLAINTS SEEKING RECOVERY › Section 624.730 - Definitions

Current through June 11, 2024
As used in NAC 624.730 to 624.770, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 624.735 and
				624.740 have the meanings ascribed to them in those sections.
Added to NAC by
				Contractors' Bd. by R068-01, eff. 11-8-2001
NRS
				  624.100,
				  624.560
Nevada Administrative Code › Chapter 624 - Contractors › COMPLAINTS SEEKING RECOVERY › Section 624.735 - "Claimant" defined

Current through June 11, 2024
"Claimant" means an injured person who files a complaint
				seeking recovery pursuant to
				NRS 624.400 to
				624.560, inclusive,
				and NAC 624.730 to 624.770, inclusive.
Added to NAC by
				Contractors' Bd. by R068-01, eff. 11-8-2001
NRS
				  624.100,
				  624.560
Nevada Administrative Code › Chapter 624 - Contractors › COMPLAINTS SEEKING RECOVERY › Section 624.740 - "Complaint seeking recovery" defined

Current through June 11, 2024
"Complaint seeking recovery" means a complaint filed with the
				Board by an injured person pursuant to
				NRS 624.400 to
				624.560, inclusive,
				and NAC 624.730 to 624.770, inclusive, seeking a monetary recovery from the
				Recovery Fund.
Added to NAC by
				Contractors' Bd. by R068-01, eff. 11-8-2001
NRS
				  624.100,
				  624.560
Nevada Administrative Code › Chapter 624 - Contractors › COMPLAINTS SEEKING RECOVERY › Section 624.745 - Accompanying document required

Current through June 11, 2024
The Board will not make an award on a complaint seeking
				recovery unless the complaint seeking recovery is accompanied by a certified
				copy of a civil judgment or a certified copy of a final decision and order
				issued by the Board or its designee.
Added to NAC by
				Contractors' Bd. by R068-01, eff. 11-8-2001
NRS
				  624.100,
				  624.560
Nevada Administrative Code › Chapter 624 - Contractors › COMPLAINTS SEEKING RECOVERY › Section 624.750 - Claim: Form and contents; prerequisites to approval; changes in information; action by Executive Officer of Board; closing and reopening

Current through June 11, 2024
1. A complaint seeking recovery must be filed
			 on a form entitled "Residential Recovery Fund Claim" that will be provided by
			 the Board. A complaint seeking recovery must include, without limitation:
(a) The name, address and telephone number of
			 the claimant filing the complaint seeking recovery;
(b) The name, address, license number and
			 telephone number, if known, of the accused residential contractor;
(c) A description of:
(1) The facts concerning the alleged failure
			 by the accused residential contractor to perform qualified services adequately;
			 and
(2) The nature and extent of
			 the claimed loss;
(d)
			 The date on which, or the period during which, the alleged loss
			 occurred;
(e) A copy of the
			 original contract and all change orders, credits, refunds or
			 discounts;
(f) Copies of the front
			 and back of all cancelled checks payable to the contractor, subcontractor or
			 supplier that support the claim;
(g) Proof of any cash payment that supports
			 the claim and a signed receipt from the contractor, subcontractor or supplier,
			 if applicable; and
(h) A copy of a
			 perfected lien, if applicable.
Nevada Administrative Code › Chapter 624 - Contractors › COMPLAINTS SEEKING RECOVERY › Section 624.755 - Procedure for processing: Notice to accused contractor; investigation; hearing

Current through June 11, 2024
1. Upon receiving a
			 complaint seeking recovery, the staff of the Board shall:
(a) Send a copy of the complaint seeking
			 recovery, by certified mail, to the address of record of the accused
			 residential contractor named in the complaint seeking recovery; and
(b) Commence an investigation into the facts
			 alleged in the complaint seeking recovery.
Nevada Administrative Code › Chapter 624 - Contractors › COMPLAINTS SEEKING RECOVERY › Section 624.760 - Determination; final order

Current through June 11, 2024
1. In making its
			 determination on a complaint, the Board or appointed committee will consider
			 all matters relevant to the complaint seeking recovery, including, without
			 limitation:
(a) The financial condition of the
			 Recovery Fund;
(b) The nature of
			 the complaint seeking recovery and the amount of money sought to be recovered
			 by the claimant; and
(c) If there
			 is more than one claimant, the equitable division of available money from the
			 Recovery Fund among the claimants.
Nevada Administrative Code › Chapter 624 - Contractors › COMPLAINTS SEEKING RECOVERY › Section 624.765 - Claimant's agreement with Board

Current through June 11, 2024
As a condition of receiving payment from the Recovery Fund, a
				claimant must enter into an agreement with the Board pursuant to which the
				Board is subrogated to the rights of the claimant against the accused
				residential contractor, the estate of the accused residential contractor or a
				third party for an amount equal to the amount of money paid from the Recovery
				Fund to the claimant plus the amount of all costs incurred by the Board in
				recovering that amount of money from the accused residential contractor, the
				estate of the accused residential contractor or the third party. The agreement
				must provide that the claimant will cooperate with the Board in any proceeding
				commenced to recover such money from the accused residential contractor, the
				estate of the accused residential contractor or the third party.
Added to NAC by
				Contractors' Bd. by R068-01, eff. 11-8-2001
NRS
				  624.100,
				  624.560
Nevada Administrative Code › Chapter 624 - Contractors › COMPLAINTS SEEKING RECOVERY › Section 624.770 - Procedure upon final order approving payment

Current through June 11, 2024
1. If the Board
			 or appointed committee issues a final order approving in full or in part a
			 complaint seeking recovery, the Board or appointed committee will forward:
(a) A copy of the final order approving the
			 complaint seeking recovery to the Accounting Office of the Board; and
(b) A copy of the complaint seeking recovery
			 and the final order to the Office of the Attorney General so that the Attorney
			 General may commence efforts to enforce any subrogation claims against the
			 accused residential contractor.
Nevada Administrative Code › Chapter 624 - Contractors › QUESTIONS AND DISPUTES CONCERNING CONSTRUCTIONAL DEFECTS › Section 624.780 - Definitions

Current through June 11, 2024
As used in NAC 624.780 to 624.795, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 624.781 to
				624.791, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by
				Contractors' Bd. by R158-03, eff. 5-14-2004
NRS
				  40.6887
Nevada Administrative Code › Chapter 624 - Contractors › QUESTIONS AND DISPUTES CONCERNING CONSTRUCTIONAL DEFECTS › Section 624.781 - "Appurtenance" defined

Current through June 11, 2024
"Appurtenance" has the meaning ascribed to it in
				NRS
				40.605.
Added to NAC by
				Contractors' Bd. by R158-03, eff. 5-14-2004
NRS
				  40.6887
Nevada Administrative Code › Chapter 624 - Contractors › QUESTIONS AND DISPUTES CONCERNING CONSTRUCTIONAL DEFECTS › Section 624.782 - "Board" defined

Current through June 11, 2024
"Board" means the State Contractors' Board or its
				designee.
Added to NAC by
				Contractors' Bd. by R158-03, eff. 5-14-2004
NRS
				  40.6887
Nevada Administrative Code › Chapter 624 - Contractors › QUESTIONS AND DISPUTES CONCERNING CONSTRUCTIONAL DEFECTS › Section 624.783 - "Claimant" defined

Current through June 11, 2024
"Claimant" has the meaning ascribed to it in
				NRS
				40.610.
Added to NAC by
				Contractors' Bd. by R158-03, eff. 5-14-2004
NRS
				  40.6887
Nevada Administrative Code › Chapter 624 - Contractors › QUESTIONS AND DISPUTES CONCERNING CONSTRUCTIONAL DEFECTS › Section 624.784 - "Constructional defect" defined

Current through June 11, 2024
"Constructional defect" has the meaning ascribed to it in
				NRS
				40.615.
Added to NAC by
				Contractors' Bd. by R158-03, eff. 5-14-2004
NRS
				  40.6887
Nevada Administrative Code › Chapter 624 - Contractors › QUESTIONS AND DISPUTES CONCERNING CONSTRUCTIONAL DEFECTS › Section 624.785 - "Contractor" defined

Current through June 11, 2024
"Contractor" has the meaning ascribed to it in
				NRS
				40.620.
Added to NAC by
				Contractors' Bd. by R158-03, eff. 5-14-2004
NRS
				  40.6887
Nevada Administrative Code › Chapter 624 - Contractors › QUESTIONS AND DISPUTES CONCERNING CONSTRUCTIONAL DEFECTS › Section 624.786 - "Design professional" defined

Current through June 11, 2024
"Design professional" has the meaning ascribed to it in
				NRS
				40.623.
Added to NAC by
				Contractors' Bd. by R158-03, eff. 5-14-2004
NRS
				  40.6887
Nevada Administrative Code › Chapter 624 - Contractors › QUESTIONS AND DISPUTES CONCERNING CONSTRUCTIONAL DEFECTS › Section 624.788 - "Request" defined

Current through June 11, 2024
"Request" means a question or dispute that concerns any matter
				which may affect or relate to a constructional defect, including, without
				limitation, questions concerning the need for repairs, the appropriate method
				for repairs, the sufficiency of any repairs that have been made and the
				respective rights and responsibilities of homeowners, claimants, contractors,
				subcontractors, suppliers and design professionals, submitted to the Board
				pursuant to the provisions of
				NRS
				40.6887.
Added to NAC by
				Contractors' Bd. by R158-03, eff. 5-14-2004
NRS
				  40.6887
Nevada Administrative Code › Chapter 624 - Contractors › QUESTIONS AND DISPUTES CONCERNING CONSTRUCTIONAL DEFECTS › Section 624.7885 - "Requester" defined

Current through June 11, 2024
"Requester" means a claimant or any contractor, subcontractor,
				supplier or design professional who submits a request to the Board.
Added to NAC by
				Contractors' Bd. by R046-05, eff. 9-7-2005
NRS
				  40.6887