reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › LICENSING AND REGULATION OF MORTGAGE AGENTS › Section 645B.307 - Request for change of association with mortgage broker; fee

Current through June 11, 2024
A mortgage loan originator who wishes to change the mortgage
				company with whom the mortgage loan originator is associated must submit a
				request to the Commissioner and pay a fee of $50.
Added to NAC
				by Commr of Mortgage Lending by
				R125-16A,
				eff. 1/27/2017;	A
				by
				R119-19A,
				eff. 11/9/2023
NRS 645B.060,
				  645B.430
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › LICENSING AND REGULATION OF MORTGAGE AGENTS › Section 645B.310 - Determination by Commissioner of adequate supervision of mortgage agent by mortgage broker

Current through June 11, 2024
In determining whether a mortgage company has maintained
				adequate supervision of a mortgage loan originator, the Commissioner will
				consider whether:
1. The mortgage
			 company has made a reasonable effort to investigate the background and
			 experience of a prospective mortgage loan originator and hire only a mortgage
			 loan originator whose background and experience indicate that the person is
			 trustworthy and competent to conduct the business of a mortgage loan
			 originator;
2. The mortgage company
			 has adopted and followed any policies and procedures, written or oral, relating
			 to the supervision and training of mortgage loan originators;
3. The mortgage loan originator has followed
			 the policies and procedures of the mortgage company, written or oral, governing
			 his or her activities;
4. The
			 mortgage company has established and followed a system of review for compliance
			 with his or her written or oral policies and procedures;
5. The policies and procedures of the
			 mortgage company require regular review of the work of a mortgage loan
			 originator;
6. The mortgage company
			 reviewed the work of the mortgage loan originator in the case under examination
			 by the Commissioner;
7. The
			 policies and procedures of the mortgage company include training in the
			 requirements of this chapter and chapter 645B of NRS;
8. The mortgage company makes copies of this
			 chapter and chapter 645B of NRS available to mortgage loan
			 originators;
9. The policies and
			 procedures of the mortgage company include a provision for continuing education
			 for mortgage loan originators;
10.
			 The mortgage company spends a sufficient amount of time in the office where the
			 mortgage loan originator is working;
11. The mortgage company has received or
			 acted on previous reports of alleged misconduct by the mortgage loan
			 originator; and
12. Review of the
			 previous work of the mortgage loan originator would have disclosed a problem
			 with the conduct or issue being examined by the Commissioner.
Added to NAC by Comm'r
				of Financial Institutions by R045-00, eff.
				9-5-2000;	A
				by
				R119-19A,
				eff. 11/9/2023
NRS 645B.060,
				  645B.460
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › LICENSING AND REGULATION OF MORTGAGE AGENTS › Section 645B.315 - Exemption from licensing requirements for certain loan processors and underwriters (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				of Mortgage Lending by R035-10, eff. 7-22-2010; R by
				R125-16A,
				eff. 1/27/2017
NRS
				645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › LICENSING AND REGULATION OF MORTGAGE AGENTS › Section 645B.317 - Requirements for reinstatement of license (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				of Mortgage Lending by R035-10, eff. 7-22-2010; R by
				R125-16A,
				eff. 1/27/2017
NRS
				645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645B.360 - Designation of Registry to certify approved courses

Current through June 11, 2024
1. The
			 Commissioner hereby designates:
(a) The
			 Registry to certify approved courses for the purposes of an initial license or
			 renewal of a license as a mortgage company or mortgage loan originator who is
			 required to register or voluntarily registers with the Registry; and
(b) Any federal or state governmental agency,
			 self-regulatory organization or professional organization that reviews and
			 approves a certified course of continuing education for professional
			 prelicensing or continuing education to certify approved courses for the
			 purposes of an initial license or renewal of a license as a mortgage company or
			 mortgage loan originator who is not required to register or renew with the
			 Registry and who has not voluntarily registered or renewed with the
			 Registry.
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645B.363 - Course material for initial licensure and continuing education: Approved subjects

Current through June 11, 2024
The following subjects are approved as course material for
				initial licensing and continuing education:
1. Federal laws and regulations relating to
			 mortgage lending;
2. The provisions
			 of Nevada laws and regulations, including, without limitation:
(a) Chapter 645B of NRS governing mortgage
			 companies and mortgage loan originators;
(b) Chapter 598D of NRS governing unfair
			 lending practices;
(c) Chapter 645A
			 of NRS governing escrow agencies and agents;
(d) Chapter 645F of NRS governing mortgage
			 lending and related professions; and
(e) Chapter 107 of NRS governing deeds of
			 trust;
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645B.367 - Requirements for initial licensure

Current through June 11, 2024
1. A natural person
			 who is an applicant for an initial license as a mortgage company or mortgage
			 loan originator must complete at least 30 hours of instruction in approved
			 courses from the subjects set forth in NAC 645B.363.
2. The 30 hours of instruction required
			 pursuant to subsection 1 must include:
(a)
			 Three hours of ethics, which must include instruction on fraud, consumer
			 protection and fair lending issues;
(b) Three hours of federal law and
			 regulations relating to mortgage lending;
(c) Two hours of training relating to lending
			 standards for the nontraditional mortgage product marketplace;
(d) Four hours of Nevada law and regulations
			 relating to mortgage lending; and
(e) Eighteen hours of
			 electives.
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645B.370 - Qualified written test required for initial licensure

Current through June 11, 2024
1. To satisfy the requirement prescribed in
			 NRS 645B.0137, a natural person must pass, in accordance with the standards
			 established under this section, a qualified written test pursuant to and in the
			 manner provided for in section 1505(b)(5) of the S.A.F.E. Mortgage Licensing
			 Act, including, without limitation, with regard to the taking of a test four
			 times.
2. Nothing in this section
			 prohibits a person approved by the Registry from providing a test at the
			 location of the employer of the applicant, the location of any subsidiary or
			 affiliate of the employer of the applicant, or the location of any entity with
			 which the applicant holds an exclusive arrangement to conduct the business of a
			 mortgage loan originator.
3.
			 Pursuant to section 1505(d)(3)(D) of the S.A.F.E. Mortgage Licensing Act, a
			 licensed mortgage loan originator who fails to maintain a valid license for a
			 period of 5 consecutive years or more must retake the test specified in
			 subsection 1, not taking into account any time during which such person may be
			 a registered loan originator, as defined in section 1503(7) of the S.A.F.E.
			 Mortgage Licensing Act.
Added to NAC by Comm'r
				of Mortgage Lending by R093-09, eff. 10-27-2009; A by R035-10, 7-22-2010; A by
				R125-16A,
				eff. 1/27/2017;	A
				by
				R119-19A,
				eff. 11/9/2023
NRS 645B.0137, 645B.0138, 645B.060, 645F.292,
				  645F.293
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645B.373 - Requirements for continuing education

Current through June 11, 2024
1. To satisfy the
			 requirements for continuing education provided for in subsection 1 of NRS 645B.051  or subsection 1 of NRS 645B.430, a mortgage loan originator or
			 mortgage company must complete at least 8 hours of approved courses of
			 continuing education during the 12 months immediately preceding the date on
			 which the license expires. The 8 hours of approved courses must be comprised
			 of:
(a) Three hours of federal laws and
			 regulations relating to mortgage lending;
(b) Two hours of ethics, which must include,
			 without limitation, instruction on fraud, consumer protection and fair lending
			 issues;
(c) Two hours of training
			 relating to lending standards for nontraditional mortgage products;
			 and
(d) Except as otherwise
			 provided in subsection 6, 1 hour of any elective course approved by the
			 Registry.
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645B.Sec. 3 - NEW

Current through June 11, 2024
1. Not later than 21 business days after
			 receiving an application for a license by endorsement as a mortgage company or
			 mortgage loan originator pursuant to section 2 of LCB File No. R178-18, the
			 Commissioner will provide written notice to the applicant of any additional
			 information required by the Commissioner to consider the application. Unless
			 the Commissioner denies the application pursuant to subsection 2, the
			 Commissioner will approve the application and issue a license by endorsement as
			 a mortgage company or mortgage loan originator, as applicable, to the applicant
			 not later than:
(a) Sixty days after
			 receiving the application;
(b)
			 Fifteen days after the Commissioner receives the report from the Federal Bureau
			 of Investigation or proof that the applicant has previously passed a comparable
			 criminal background check within the 6 months immediately preceding the date on
			 which the application is submitted, pursuant to paragraph (c) of subsection 1
			 of section 2 of LCB File No. R178-18; or
(c) If the application is for licensure as a
			 mortgage company, 15 days after depositing with the Commissioner the corporate
			 surety bond required by NRS 645B.042, whichever occurs
			 latest.
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › EDUCATIONAL REQUIREMENTS FOR LICENSURE › Section 645B.Sec. 4 - NEW

Current through June 11, 2024
1. Except as otherwise provided in section 2
			 of LCB File No. R178-18, a person who has been issued a license by endorsement
			 as a mortgage company or mortgage loan originator pursuant to section 3 of LCB
			 File No. R178-18 is subject to the same duties, restrictions, penalties,
			 liabilities, conditions and limitations that would apply under the laws of this
			 State to a person issued a license as a mortgage company or mortgage loan
			 originator, as applicable, who did not obtain his or her license by endorsement
			 pursuant to section 3 of LCB File No. R178-18.
2. A license by endorsement issued pursuant
			 to section 3 of LCB File No. R178-18 expires and is subject to renewal as
			 provided by NRS 645B.050  or 645B.430, as applicable, on the same terms as a
			 license which was not issued by endorsement.
Added to NAC by Comm'r
			 of Mortgage Lending by
			 R178-18A,
			 eff. 6/13/2019;	A
				by
				R119-19A,
				eff. 11/9/2023
NRS 622.530,
				  645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › RESIDENTIAL MORTGAGE LOANS › Section 645B.400 - "Residential mortgage loan originator" interpreted

Current through June 11, 2024
1. As
			 used in NRS 645B.01325, the term "residential mortgage loan originator" is
			 interpreted not to include a person or entity which only performs real estate
			 brokerage activity and which is licensed or registered in accordance with
			 Nevada law, unless the person or entity is compensated by a lender, mortgage
			 company or other residential mortgage loan originator or by any agent of such
			 lender, mortgage company or other residential mortgage loan
			 originator.
2. As used in this
			 section, "real estate brokerage activity" has the meaning ascribed to it in
			 section 1503(3)(D) of the S.A.F.E. Mortgage Licensing Act.
Added to NAC by Comm'r of Mortgage
			 Lending by R035-10, eff. 7-22-2010;	A
				by
				R119-19A,
				eff. 11/9/2023
NRS 645B.060, 645F.292,
				  645F.293
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › RESIDENTIAL MORTGAGE LOANS › Section 645B.405 - Unique identifier

Current through June 11, 2024
The unique identifier of any person originating
			 a residential mortgage loan must be clearly shown on all residential mortgage
			 loan application forms, solicitations or advertisements, including, without
			 limitation, a website or a business card, and any other documents as
			 established by law, regulation or order of the Commissioner.
Added to NAC by Comm'r of Mortgage
			 Lending by R035-10, eff. 7-22-2010
NRS
			 645B.060,
			 645F.292,
			 645F.293
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › RESIDENTIAL MORTGAGE LOANS › Section 645B.410 - Prohibited acts of independent contractor not licensed as mortgage agent (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r of Mortgage
			 Lending by R035-10, eff. 7-22-2010; R by
			 R125-16A,
			 eff. 1/27/2017
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.500 - Complaint alleging violation (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r of
			 Financial Institutions by R045-00, eff. 9-5-2000-Substituted in revision for
			 NAC 645B.320; R by
			 R125-16A,
			 eff. 1/27/2017
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.505 - Referral of certain suspected violations for investigation and action; grounds for disciplinary action

Current through June 11, 2024
1. The Commissioner
			 may refer to, cooperate with and share information with the appropriate federal
			 or state agency for investigation and appropriate action each suspected
			 violation of:
(a) The Truth in Lending Act,  15 U.S.C. §§
										1601 to  1667f, inclusive, including, without limitation,
			 the Home Ownership and Equity Protection Act of 1994,  15 U.S.C. §
										1639, or
			 Regulation Z,  12 C.F.R. Part 226.
(b) The Equal Credit Opportunity Act,  15 U.S.C. §§
										1691 to  1691f, inclusive, or Regulation B, 12 C.F.R. Part
			 202.
(c) The Real Estate Settlement
			 Procedures Act,  12 U.S.C. §§
										2601 to  2617, inclusive, or Regulation
			 X,  12 C.F.R. Part 1024.
(d) The
			 S.A.F.E. Mortgage Licensing Act.
(e) Any other applicable federal or state law
			 or regulation related to mortgage transactions.
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.510 - Reporting of violations to Registry; procedure for challenging report

Current through June 11, 2024
1. The Division shall regularly report
			 violations of this chapter and chapter 645B of NRS, enforcement actions and
			 other relevant information, including, without limitation, violations of any
			 applicable federal law or regulation, to the Registry pursuant to the protocols
			 of the Registry.
2. A person may
			 challenge information provided by the Division to the Registry.
3. A challenge must be sent in writing by
			 regular mail or electronic mail to the Division and addressed to the Office of
			 the Commissioner.
4. Once received,
			 the Division shall consider the merits of a challenge and provide the person
			 with a written reply which must be sent by regular mail or electronic mail to
			 the person within 30 days after receipt of the challenge.
5. The person may send a written rebuttal
			 within 30 days after receipt of the Division's reply by regular mail or
			 electronic mail to the Division and addressed to the Office of the
			 Commissioner.
6. Upon receipt of
			 the written rebuttal, the Commissioner will make a written final decision
			 concerning the written rebuttal and underlying challenge and send the final
			 decision by regular mail or electronic mail to the person within 30
			 days.
7. If, pursuant to subsection
			 6, the Commissioner upholds a challenge, the Commissioner will promptly take
			 action to correct the information submitted to the Registry.
8. The Commissioner will not submit a
			 challenge, reply, rebuttal or final decision described in this section to the
			 Registry unless otherwise required by law.
Added to NAC by Comm'r of Mortgage
			 Lending by R035-10, eff. 7-22-2010;	A by
				R070-23A,
				eff. 1/5/2024
NRS 645B.060,
				  645F.292,
				  645F.293
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.515 - Orders to cease and desist from certain activities

Current through June 11, 2024
1. If a person engages in an activity in
			 violation of the provisions of this chapter or chapter 645B of NRS, the
			 Commissioner may issue an order to the person directing the person to cease and
			 desist from engaging in the activity.
2. The order to cease and desist must be in
			 writing and must state that, in the opinion of the Commissioner, the person has
			 engaged in an activity:
(a) For which the
			 person has not received a license or certificate of exemption as required by
			 chapter 645B of NRS; or
(b) In a
			 manner that violates the provisions of this chapter or chapter 645B of
			 NRS.
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.520 - Suspension or revocation of license for major violation

Current through June 11, 2024
The Commissioner will
			 suspend or revoke the license of a person who commits a major violation.
Added to NAC by Comm'r of
			 Financial Institutions by R045-00, eff. 9-5-2000-Substituted in revision for
			 NAC 645B.350
NRS
			 645B.060,
			 645B.700
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.525 - Hearings: Coordination and notice of time and location

Current through June 11, 2024
The hearing officer
			 shall:
1. Attempt to coordinate the
			 time and location of the hearing with the parties before setting the matter;
			 and
2. Advise the Commissioner or
			 his or her designee in writing of the time and location of the hearing in such
			 a manner as to allow the Division to comply with the notice requirements of NRS
			 NRS
			 233B.121.
Added to NAC by Comm'r of Mortgage
			 Lending by R069-08, eff. 4-23-2009
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.530 - Hearings: Continuances

Current through June 11, 2024
1. The time of a
			 hearing may be continued by the hearing officer upon the written petition of a
			 party only for good cause shown.
2.
			 The party requesting a continuance must serve the written petition upon the
			 opposing party at the time that the request is made, and the opposing party may
			 file an objection to the request for a continuance within 3 days after receipt
			 of the written petition.
Added to NAC by Comm'r of Mortgage
			 Lending by R069-08, eff. 4-23-2009
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.532 - Hearings: Designation of hearing officer

Current through June 11, 2024
The Commissioner may designate a
			 hearing officer to conduct any hearing required pursuant to this chapter or
			 chapter 645B of NRS.
Added to NAC by Commr
			 of Mortgage Lending by
			 R125-16A,
			 eff. 1/27/2017
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.535 - Hearings: Representation of respondent

Current through June 11, 2024
A respondent may represent himself or
			 herself at the hearing or be represented by an attorney.
Added to NAC by Comm'r of Mortgage
			 Lending by R069-08, eff. 4-23-2009
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.540 - Hearings: Disclosure of exhibits and list of witnesses; limitations on discovery

Current through June 11, 2024
1. If a hearing has
			 been requested pursuant to NRS
			 NRS
			 645B.750 in a timely manner, each party must
			 provide to the opposing party, not less than 10 days before a hearing, a copy
			 of all papers, records, data or documents expected to be used as exhibits at
			 the hearing and a list of witnesses expected to testify at the hearing. Nothing
			 herein prohibits a party from calling a rebuttal witness or offering other
			 rebuttal evidence which has not been disclosed if allowed by the hearing
			 officer. The filing of a motion does not toll the time for providing
			 information to an opposing party.
2. Not less than 5 days before a hearing,
			 each party must provide to the hearing officer a copy of all papers, records,
			 data or documents expected to be used as exhibits at the hearing and a list of
			 witnesses expected to testify at the hearing.
3. If a party fails to provide any document
			 required to be provided by the provisions of this section, the hearing officer
			 may exclude the document.
4.
			 Neither party may serve interrogatories on the other party or conduct
			 depositions, and neither party may engage in any other discovery unless
			 otherwise required by law and permitted by the hearing officer.
Added to NAC by Comm'r of Mortgage
			 Lending by R069-08, eff. 4-23-2009
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.545 - Hearings: Motions

Current through June 11, 2024
1. All motions,
			 unless made to exclude a witness, must be in writing.
2. A written motion must be served on the
			 opposing party and the hearing officer at least 15 days before the time set for
			 the hearing on the motion unless good cause is shown to the hearing
			 officer.
3. An opposing party may
			 file a written response to a motion at least 7 days before the time set for the
			 hearing on the motion by serving the written response on all parties and the
			 hearing officer.
4. No motion for
			 summary judgment will be allowed.
Added to NAC by Comm'r of Mortgage
			 Lending by R069-08, eff. 4-23-2009
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.550 - Hearings: Procedure

Current through June 11, 2024
1. The hearing
			 officer shall:
(a) Ascertain whether all
			 persons ordered to appear under subpoena are present and whether all documents,
			 books, records and other evidence under subpoena are present in the hearing
			 room.
(b) Administer the oath to
			 the reporter as follows:
Do you solemnly swear or affirm that you will
			 report this hearing to the best of your stenographic ability?
(c) Administer the oath to all persons whose
			 testimony will be taken as follows:
Do you and each of you solemnly swear
			 or affirm to tell the truth and nothing but the truth in these
			 proceedings?
(d) Ascertain
			 whether either party desires to have a witness excluded from the hearing room
			 until he or she is called. A witness may be excluded upon the motion of the
			 hearing officer or upon the motion of either party. If a witness is excluded,
			 he or she will be instructed not to discuss the case during the pendency of the
			 proceeding. The respondent will be allowed to remain present at the hearing.
			 The Division may designate a person who is a member of the staff of the
			 Division and who may also be a witness to act as its representative. Such a
			 representative will be allowed to remain present at the hearing.
(e) Ascertain whether a copy of the complaint
			 or decision to deny has been filed and whether an answer has been filed as part
			 of the record in the proceedings.
(f) Hear any preliminary motions,
			 stipulations or orders upon which the parties agree and address any
			 administrative details.
(g) Request
			 the Division to proceed with the presentation of its case.
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.555 - Hearings: Burden and standard of proof

Current through June 11, 2024
The Division has the burden of proof in any
			 hearing pursuant to this chapter. The standard of proof in such a hearing is a
			 preponderance of the evidence.
Added to NAC by Comm'r of Mortgage
			 Lending by R069-08, eff. 4-23-2009; A by
			 R125-16A,
			 eff. 1/27/2017
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.560 - Hearings: Rules of evidence; informality of proceedings

Current through June 11, 2024
1. In conducting any hearing, the hearing
			 officer is not bound by the technical rules of evidence, and any informality in
			 any proceeding or in the manner of taking testimony does not invalidate any
			 order or decision of the hearing officer. The rules of evidence of courts of
			 this State will be followed generally but may be relaxed at the discretion of
			 the hearing officer if deviation from the technical rules of evidence will aid
			 in determining the facts.
2. Any
			 evidence offered at a hearing must be material and relevant to the issues of
			 the hearing.
3. Sworn declarations
			 may be introduced in lieu of testimony if a witness resides outside the State
			 of Nevada.
4. The hearing officer
			 may exclude inadmissible, incompetent, repetitious or irrelevant evidence or
			 order that the presentation of that evidence be discontinued.
5. A party who objects to the introduction of
			 evidence shall briefly state the grounds of the objection at the time the
			 evidence is offered. The party who offers the evidence may present a rebuttal
			 argument to the objection.
Added to NAC by Comm'r of Mortgage
			 Lending by R069-08, eff. 4-23-2009
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.565 - Hearings: Decision of hearing officer

Current through June 11, 2024
The hearing officer shall issue and serve
			 upon all parties a written decision meeting the requirements of
			 NRS
			 233B.125 within 30 days after the close of
			 the hearing.
Added to NAC by Comm'r of Mortgage
			 Lending by R069-08, eff. 4-23-2009
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.570 - Posthearing motions

Current through June 11, 2024
1. A party may file
			 a posthearing motion only to request a rehearing or to request a modification
			 of the discipline, fine, costs or attorney's fees imposed against a
			 respondent.
2. Any posthearing
			 motion must be filed within 15 days after service of the decision by the
			 hearing officer.
3. The opposing
			 party may file an opposition within 10 days after a posthearing motion is
			 filed, and the moving party may file a final reply within 5 days after an
			 opposition is filed.
4. The hearing
			 officer shall issue and serve upon all parties a written decision on any
			 posthearing motion within 30 days after the posthearing motion is
			 filed.
Added to NAC by Comm'r of Mortgage
			 Lending by R069-08, eff. 4-23-2009
NRS
			 645B.060
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.575 - Informal disposition of contested cases; consent and settlement agreements

Current through June 11, 2024
1. The provisions
			 of this chapter do not affect or limit the authority of the Commissioner or his
			 or her designee, at any stage of a contested case, to make an informal
			 disposition of the contested case pursuant to subsection 5 of NRS
			 NRS
			 233B.121 or to enter into a consent or
			 settlement agreement pursuant to NRS
			 NRS
			 622.330.
2. Any action taken by the Commissioner or
			 his or her designee pursuant to subsection 1:
(a) Is not subject to approval by the hearing
			 officer; and
(b) May have its terms
			 placed into the record at the discretion of the Commissioner or his or her
			 designee.
Nevada Administrative Code › Chapter 645B - Mortgage Brokers and Mortgage Agents › ENFORCEMENT › Section 645B.580 - Immunity from civil liability

Current through June 11, 2024
1. A person who
			 provides a governmental entity, officer or employee with any information
			 relating to a contested case is immune from any civil liability for providing
			 that information if the person acted in good faith and without malicious
			 intent.
2. A governmental entity,
			 officer or employee is immune from any civil liability for:
(a) Any decision or action taken in good
			 faith and without malicious intent in carrying out the provisions of this
			 chapter or any law or regulation governing occupational licensing; or
(b) Communicating or cooperating with or
			 providing any documents or other information to any other governmental entity,
			 officer or employee conducting an investigation, disciplinary proceeding or
			 civil or criminal prosecution.
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.005 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC
				645C.006 to
				645C.0095, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC by Comm'n
				of Appraisers of Real Estate, eff. 1-26-90; A by R119-00, 9-25-2000; R100-03,
				1-30-2004; R158-05, 9-18-2006; A by
				R176-18A,
				eff. 5/21/2020
NRS
				645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.0055 - "Administrator" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				of Appraisers of Real Estate by R119-00, eff. 9-25-2000; R by
				R176-18A,
				eff. 5/21/2020
NRS
				645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.006 - "Advisory committee" defined

Current through June 11, 2024
"Advisory committee" means an advisory committee established
				pursuant to NAC 645C.600.
Added to NAC by Comm'n
				of Appraisers of Real Estate by R119-00, eff.
				9-25-2000
NRS
				  645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.0065 - "Commission" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				of Appraisers of Real Estate by R119-00, eff. 9-25-2000; R by
				R176-18A,
				eff. 5/21/2020
NRS
				645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.007 - "Distance education course" defined

Current through June 11, 2024
"Distance education course" means a course of instruction in
				which the pupil receives instruction at a location at which the instructor is
				not physically present. Such a course may include, without limitation,
				instruction provided via CD-ROM, the Internet or videoconference.
Added to NAC by Comm'n
				of Appraisers of Real Estate by R119-00, eff.
				9-25-2000
NRS
				  645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.0075 - "Division" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				of Appraisers of Real Estate by R119-00, eff. 9-25-2000; R by
				R176-18A,
				eff. 5/21/2020
NRS
				645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.0085 - "Sponsor" defined

Current through June 11, 2024
"Sponsor" means a person or governmental entity who offers or
				conducts a course which satisfies the educational requirements, if any, for the
				issuance of a license, certificate, permit or registration card or a course
				which satisfies the continuing education requirements set forth in NAC 645C.300
				and 645C.302.
Added to NAC by Comm'n
				of Appraisers of Real Estate by R103-10, eff.
				12-16-2010
NRS
				  645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.009 - "Supervisory appraiser" defined

Current through June 11, 2024
"Supervisory appraiser" means a certified residential appraiser
				or certified general appraiser who directly supervises a registered
				intern.
Added to NAC by Comm'n
				of Appraisers of Real Estate by R100-03, eff.
				1-30-2004
NRS
				  645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.0095 - "USPAP" defined

Current through June 11, 2024
"
USPAP
" means the
Uniform Standards of
				Professional Appraisal Practice
as adopted by reference pursuant to
				NAC 645C.400.
Added to NAC by Comm'n
				of Appraisers of Real Estate by R158-05, eff.
				9-18-2006
NRS
				  645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.010 - "Appraiser" excludes certain persons

Current through June 11, 2024
For the purposes of this chapter and chapter 645C of NRS, the
				term "appraiser" does not include any person who estimates the value of
				extractable natural resources, whether such resources are renewable or
				nonrenewable.
Added to NAC by Comm'n
				of Appraisers of Real Estate, eff. 1-26-90
NRS
				  645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.025 - Severability of provisions

Current through June 11, 2024
If any provision of this chapter or the application thereof to
				any person, thing or circumstance is held invalid, such invalidity does not
				affect the provisions or application of this chapter which can be given effect
				without the invalid provision or application, and to this end the provisions of
				this chapter are declared to be severable.
Added to NAC by Comm'n
				of Appraisers of Real Estate, eff. 1-26-90
NRS
				  645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.026 - Division may provide information concerning certain courses on website created and maintained pursuant to NRS 645C.390

Current through June 11, 2024
On the website created and maintained pursuant to
				NRS
				645C.390, the Division may provide
				information concerning courses which satisfy the educational requirements, if
				any, for the issuance of a license, certificate, permit or registration card
				and courses which satisfy the continuing education requirements set forth in
				NAC 645C.300 and
				645C.302. The information may
				include, without limitation:
1. The
			 name of each sponsor of a course;
2. Whether a course satisfies the educational
			 requirements for the issuance of a license, permit, certificate or registration
			 card or the continuing education requirements set forth in NAC
			 645C.300 and
			 645C.302;
3. Whether the Administrator or Division, as
			 applicable, has approved a course; and
4. If a course has been approved by the
			 Administrator or Division:
(a) The course
			 number assigned by the Division;
(b) The title of the course and the name of
			 the sponsor of the course;
(c) If
			 the course is a course for continuing education, whether the Administrator has
			 approved the course;
(d) The number
			 of hours of credit for which the Administrator or Division, as applicable, has
			 approved the course; and
(e) The
			 manner in which the instruction of the course will be delivered.
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.Sec. 2 - NEW

Current through June 11, 2024
1. In any advertisement through which an
			 appraisal management company offers to perform services for which a
			 registration is required by chapter 645C of NRS, the appraisal management
			 company shall disclose:
(a) The name under
			 which the appraisal management company is registered; and
(b) The name and registration number under
			 which the appraisal management company does business in this State.
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › GENERAL PROVISIONS › Section 645C.Sec. 3 - NEW

Current through June 11, 2024
The Division may deny an application for registration as an
				appraisal management company submitted pursuant to
				NRS
				645C.650, as amended by section 22 of Senate
				Bill 39, chapter 91, Statutes of Nevada 2019, at page 483, if one or more of
				the following conditions exist:
1. The
			 application is not in the proper form;
2. The proper fees are not
			 enclosed;
3. The accompanying forms
			 are incomplete or otherwise unsatisfactory;
4. The application contains a false
			 statement;
5. The application is
			 deficient in any other respect;
6.
			 An investigation fails to show affirmatively that the applicant possesses the
			 necessary qualifications;
7. The
			 applicant has willfully acted or attempted to act in violation of any provision
			 of chapter 116, 119, 119A, 645, 645A, 645C or 645D of NRS or the regulations
			 adopted pursuant to those chapters, or has willfully aided and abetted another
			 person to act or attempt to act in violation of any provision of those chapters
			 or regulations;
8. The applicant
			 has not met the requirements of
			 NRS
			 645C.650, as amended by section 22 of Senate
			 Bill 39, chapter 91, Statutes of Nevada 2019, at page 483; or
9. The check or other negotiable instrument
			 used to pay a fee for registration is not honored by the financial institution
			 upon which it was drawn.
Added to NAC
				by Comm'n of Appraisers of Real Estate by
				R176-18A,
				eff. 5/21/2020
NRS
				645C.210,
				645C.650,
				as amended by section 22 of Senate Bill No. 39, chapter 91, Statutes of Nevada
				2019, at page 483, and
				NRS
				645C.680, as amended by section 26 of Senate
				Bill No. 39, chapter 91, Statutes of Nevada 2019, at page
				487
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › ADMINISTRATION › Section 645C.030 - Authority of Administrator concerning regulations

Current through June 11, 2024
Except for the authority to adopt regulations, the Commission
				hereby authorizes the Administrator to:
1. Draft proposed regulations to carry out
			 the provisions of chapter 645C of NRS;
2. Carry out the process of adopting those
			 regulations as set forth in chapter 233B of NRS; and
3. Hold public hearings on behalf of the
			 Commission pertaining to those proposed regulations.
Added to NAC by Comm'n
				of Appraisers of Real Estate, eff. 1-26-90-Substituted in revision for NAC
				645C.020
NRS
				  645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › ADMINISTRATION › Section 645C.035 - Inspections by Division

Current through June 11, 2024
1. The Division may
			 use a form of its design to conduct any inspection and require the appraiser or
			 office manager in charge of the office being inspected to sign such a
			 form.
2. An inspection must
			 include, but need not be limited to:
(a) The
			 address of the appraisal office.
(b) The indexing or numbering system used in
			 filing records.
(c)
			 Advertising.
(d) The availability
			 of current statutes and regulations at the place of business.
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › ADMINISTRATION › Section 645C.040 - Confidentiality of records of Division

Current through June 11, 2024
The Division will, unless otherwise ordered by a court, keep
				confidential:
1. The criminal or
			 financial records of an appraiser, appraisal management company or intern or an
			 applicant for a certificate, license, registration as an appraisal management
			 company or registration card;
2.
			 The examination and the results of the examination for a certificate or
			 license; and
3. The social security
			 number of an appraiser, a natural person registered as an appraisal management
			 company or an intern or an applicant for a certificate, license, registration
			 as an appraisal management company or registration card, except when reporting
			 information concerning an appraiser, appraisal management company, intern or
			 applicant to the National Registry of the Appraisal Subcommittee of the Federal
			 Financial Institutions Examination Council.
Added to NAC by Comm'n
				of Appraisers of Real Estate by R100-03, eff. 1-30-2004; A by R091-09,
				4-20-2010
NRS
				  645C.210,
				  645C.220
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › ADMINISTRATION › Section 645C.045 - Disclosure of disciplinary action or denial of application for license as appraiser or registration as appraisal management company

Current through June 11, 2024
The Division may report any disciplinary action taken by the
				Commission against a licensee or a person registered as an appraisal management
				company or any denial of an application for a license or a registration as an
				appraisal management company to:
1.
			 Any national repository which records disciplinary action taken against
			 licensees;
2. Any agency of another
			 state which regulates appraisal management companies or the practice of the
			 appraisal of real estate; or
3. Any
			 agency or board of the State of Nevada.
Added to NAC by Comm'n
				of Appraisers of Real Estate by R100-03, eff. 1-30-2004; A by R091-09,
				4-20-2010; A by
				R176-18A,
				eff. 5/21/2020
NRS
				645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › APPRAISERS OF REAL ESTATE › Licensing and Certification › Section 645C.050 - Application for license or certificate: Required information; period of validity

Current through June 11, 2024
The application for a license or certificate as an appraiser
				  provided by the Division requires the following information:
1. The name of the applicant;
2. The social security number of the
				applicant;
3. One recent photograph
				of the applicant;
4. The
				information required of the applicant pursuant to
				NRS
				645C.290; and
5. Such other pertinent information as the
				Division may require. w The application must be accompanied by a completed
				fingerprint card as required by
				NRS
				645C.300.
Added to NAC by Comm'n
				  of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R017-98, 10-23-98;
				  R100-03, 1-30-2004; A by
				  R176-18A,
				  eff. 5/21/2020
NRS
				  645C.210,
				  645C.290,
				  645C.300
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › APPRAISERS OF REAL ESTATE › Licensing and Certification › Section 645C.055 - Application for license or certificate: Personal completion required

Current through June 11, 2024
Each application for a license or certificate as an appraiser
				  must be completed personally by the applicant. Members of the Commission or
				  employees of the Division shall not help a person prepare his or her
				  application.
Added to NAC by Comm'n
				  of Appraisers of Real Estate, eff. 1-26-90; A
				  11-19-91
NRS
					 645C.210
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › APPRAISERS OF REAL ESTATE › Licensing and Certification › Section 645C.057 - Application for certificate, license or registration card: Fees

Current through June 11, 2024
1.
The Division shall charge and collect the following
				  fees:
Application for a certificate, license or
							 registration card .............................................
$100
Issuance or renewal of a certificate or license as a
							 residential appraiser .....................
320
Issuance or renewal of a certificate as a general
							 appraiser ...........................................
420
Issuance of a permit
							 ........................................................................................................
115
Issuance or renewal of a registration card
							 .....................................................................
190
Issuance of a duplicate certificate or license for an
							 additional office .............................
50
Change in the name or location of a business
							 .................................................................
20
Reinstatement of an inactive certificate or license
							 ...........................................................
30
Annual approval of a course of instruction offered in
							 preparation for an initial certificate or license
							 .........................................................................................
100
Original approval of a course of instruction offered
							 for continuing education
							 ....................................................................................................................
100
Renewal of approval of a course of instruction
							 offered for continuing education
							 ......................................................................................................................
50
2.
				The Division shall collect and remit the annual registry fee to the Federal
				Financial Institutions Examination Council or to the Appraisal Subcommittee, as
				appropriate, pursuant to
				12
				U.S.C. §
										3338 and the rules or
				regulations issued thereunder.
3.
				Any application fee is nonrefundable. If the Division rejects an application,
				it shall refund any fee submitted for the issuance of the certificate, license
				or registration card.
Added to NAC by Comm'n
				  of Appraisers of Real Estate, eff. 8-4-94; A by
				  R176-18A,
				  eff. 5/21/2020
NRS
				  645C.210,
				  645C.300,
				  645C.450, as
				  amended by section 18 of Senate Bill No. 39, chapter 91, Statutes of Nevada
				  2019, at page 482
Nevada Administrative Code › Chapter 645C - Appraisers of Real Estate and Appraisal Management Companies › APPRAISERS OF REAL ESTATE › Licensing and Certification › Section 645C.060 - Requirement of minimum age

Current through June 11, 2024
The Administrator shall not:
1. Accept any application for a license or
				certificate as an appraiser or registration card as an intern from a person
				under 17 years of age; or
2. Issue
				a license, certificate or registration card to a person under 18 years of
				age.
Added to NAC by Comm'n
				  of Appraisers of Real Estate, eff. 1-26-90; A
				  11-19-91
NRS
					 645C.210