reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › GENERAL PROVISIONS › Section 695J.050 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Insurance of the Department of Business and Industry.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › GENERAL PROVISIONS › Section 695J.060 - "Instructor" defined

Current through June 11, 2024
"Instructor" means the person who will be responsible for teaching the material of the course to the participants of the course. The instructor may be, but is not required to be, the same person as the sponsor.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › GENERAL PROVISIONS › Section 695J.070 - "Sponsor" defined

Current through June 11, 2024
"Sponsor" means the person seeking approval for a course of instruction pursuant to NAC 695J.110.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › GENERAL PROVISIONS › Section 695J.080 - "Unsuitable person" defined

Current through June 11, 2024
"Unsuitable person" has the meaning ascribed to it in NAC 679B.039.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › GENERAL PROVISIONS › Section 695J.090 - Authorization to contract with person outside Division for certain administrative duties

Current through June 11, 2024
The Commissioner may contract with a person outside the Division to perform all or part of the administrative duties associated with precertification, certification or continuing education programs, subject to the direction and approval of the Commissioner.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › PRECERTIFICATION EDUCATION › Section 695J.100 - Requirements for completion of precertification course of instruction

Current through June 11, 2024
In addition to the requirements of chapter 695J of NRS, an applicant
				for a certificate as an exchange enrollment facilitator must attest that he or she
				has successfully completed a precertification course of instruction approved by the
				Commissioner within 1 year immediately preceding the date of the application for the
				certificate. The applicant must provide his or her attestation before taking the
				appropriate certification examination.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013;	A by
				R184-22A,
				eff. 12/29/2022
NRS 679B.130, 695J.110,
				  695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › PRECERTIFICATION EDUCATION › Section 695J.110 - Approval of precertification course of instruction and instructor: Required documents; grounds for denial; limitation on hours of instruction

Current through June 11, 2024
1. A precertification course of instruction and the instructor for the precertification course must be approved by the Division before the precertification course is offered to a prospective applicant for a certificate as an exchange enrollment facilitator. The sponsor of the precertification course must submit to the Division:
(a) An application for approval of the instructor, specifying his or her experience and qualifications;
(b) An application for approval of the precertification course, including a detailed outline of the precertification course and a description of the scale to be used in grading the persons taking the precertification course;
(c) A schedule of the times the precertification course is to be taught; and
(d) A certification that the content of the precertification course complies with NAC 695J.100 to 695J.180, inclusive.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › PRECERTIFICATION EDUCATION › Section 695J.120 - Qualifications of instructor; limitations on instruction

Current through June 11, 2024
1. An instructor must:
(a) Have at least 5 years of relevant experience in the topic to be taught; or
(b) Be approved by the Nevada System of Higher Education to teach insurance within that System.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › PRECERTIFICATION EDUCATION › Section 695J.130 - Approval of correspondence, extension or self-study precertification course of instruction

Current through June 11, 2024
1. A correspondence, extension or self-study precertification course may be approved by the Division if:
(a) The precertification course satisfies all the requirements of NAC 695J.100 to 695J.180, inclusive;
(b) The student has quick and easy access to the sponsor or instructor of the precertification course; and
(c) The student must pass a final examination at the end of the precertification course to receive credit and the examination is directly monitored by the sponsor, the instructor or the sponsor's or instructor's representative.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › PRECERTIFICATION EDUCATION › Section 695J.140 - Subject matter of precertification course of instruction; hours of instruction

Current through June 11, 2024
1. A precertification course must consist of:
(a) At least 5 hours of instruction in the classroom in the provisions of title 57 of NRS and the regulations adopted pursuant thereto, at least one-half of which must cover the laws and regulations common to all lines of insurance; and
(b) At least 15 hours of instruction in the classroom covering:
(1) Principles and concepts of insurance in general;
(2) Basic principles and concepts of health insurance;
(3) The contract for health insurance and provisions of the policy;
(4) Health insurance offered by private companies;
(5) Health insurance offered by a governmental entity;
(6) Types of policies and coverage for health insurance;
(7) Group insurance and plans of special insurance;
(8) The ethical responsibilities of the exchange enrollment facilitator; and
(9) Regulation by the government.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › PRECERTIFICATION EDUCATION › Section 695J.150 - Records; quarterly submission of certain information; certificate of completion

Current through June 11, 2024
1. Each sponsor of a precertification course shall maintain a complete record of each person attending the precertification course. The record must:
(a) Indicate each person's attendance;
(b) Indicate his or her final grade in the precertification course;
(c) Be available for review by the Division upon request during normal business hours; and
(d) Be retained by the sponsor for not less than 4 years.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › PRECERTIFICATION EDUCATION › Section 695J.160 - Changes in sponsor, instructor or outline of precertification course of instruction; suspension and revocation of approval of course

Current through June 11, 2024
1. If the sponsor, instructor or outline of a precertification course changes after approval has been granted, the new sponsor, instructor or outline of the precertification course must be approved by the Division before the precertification course may be offered again.
2. A person designated by the Division may audit any approved precertification course to ensure that the precertification course, instructor or sponsor continues to meet the requirements of this chapter and chapter 695J of NRS.
3. If the sponsor, instructor or outline of the precertification course has changed and has not been reapproved, or if the sponsor or instructor is not following the approved outline of the precertification course, the Division may suspend its approval of that precertification course.
4. If the sponsor or instructor has not taken appropriate action to correct the conditions that were the basis of the suspension within 30 days, the Division may terminate its approval of the precertification course.
5. If the sponsor or instructor of an approved precertification course solicits from any person information on the content of the questions of the Division's certification examination, the Division may suspend its approval of that instructor or sponsor for at least 1 year.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › PRECERTIFICATION EDUCATION › Section 695J.170 - Submission or issuance of false or fraudulent documents; determination of sponsor or instructor as unsuitable person

Current through June 11, 2024
1. The Commissioner will refuse to issue a certificate as an exchange enrollment facilitator to, or will suspend or revoke the certificate of, any person who knowingly submits to the Division a false or fraudulent certificate of completion of a course of instruction.
2. The Division shall terminate its approval of any sponsor or instructor who knowingly submits or issues a false or fraudulent:
(a) Certificate of completion of a course of instruction;
(b) Outline or schedule for a precertification course; or
(c) Application for approval as an instructor or sponsor.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › PRECERTIFICATION EDUCATION › Section 695J.180 - Forms

Current through June 11, 2024
Every application, certificate or other form required to be filed with the Division pursuant to NAC 695J.100 to 695J.180, inclusive, must be on a form provided by the Division.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CERTIFICATION OF EXCHANGE ENROLLMENT FACILITATORS › Section 695J.200 - Examination: Fee for administration

Current through June 11, 2024
Pursuant to NRS 695J.110, 695J.130 and 695J.270, an applicant for a certificate as an exchange enrollment facilitator must pass a written examination and pay a fee for the administration of the examination. The examination fee:
1. Is subject to the Division's contractual agreement with the vendor providing the examination services;
2. Is payable to the vendor providing the examination services; and
3. Must not exceed $100 for a single sitting.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CERTIFICATION OF EXCHANGE ENROLLMENT FACILITATORS › Section 695J.210 - Examination: Required score

Current through June 11, 2024
An applicant for a certificate as an exchange enrollment facilitator
				must attain a score of 70 or more points on the appropriate certification
				examination to pass the examination. The examination must have been successfully
				completed within 1 year immediately preceding the date of application for the
				certificate.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013;	A by
				R184-22A,
				eff. 12/29/2022
NRS 679B.130, 695J.110,
				  695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CERTIFICATION OF EXCHANGE ENROLLMENT FACILITATORS › Section 695J.220 - Authorization to issue certificate before criminal background search conducted under certain circumstances; authorization to contract with certain persons for processing fingerprints

Current through June 11, 2024
1. The Commissioner may issue a certificate as an exchange enrollment facilitator before the criminal background search of the applicant conducted pursuant to NRS NRS 695J.120 is completed if the applicant:
(a) Indicates and certifies on his or her application for a certificate as an exchange enrollment facilitator that he or she has no criminal history; and
(b) Has complied with the procedures required pursuant to NRS NRS 695J.120.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.300 - Requirements for renewal of certificate

Current through June 11, 2024
To renew a certificate as an exchange enrollment facilitator, each certificate holder must certify that he or she has successfully completed 30 hours of approved continuing education within the 3-year period before the date of renewal. Three of the 30 hours of approved continuing education must be in a subject of ethics. The hours of continuing education must be related to the business of facilitating enrollment in qualified health plans.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.310 - Requirements for approval of course

Current through June 11, 2024
1. Any person who requests approval for a course of continuing education shall furnish to the Commissioner or to a designated representative thereof at least 60 days before the beginning of the course:
(a) An outline of the subject matter;
(b) The method of presentation;
(c) The qualifications of the instructor;
(d) The number of classroom hours or, if for a correspondence course, a self-study course or an on-line computer course, the equivalent of classroom hours, and a written procedure for conducting a supervised final examination;
(e) Any applicable fee established and required by the Commissioner; and
(f) Any other information required by the Commissioner or a designated representative.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.320 - Requirements for advertisement of course

Current through June 11, 2024
1. A course of continuing education must not be advertised unless the Commissioner or a designated representative has approved the course in writing.
2. Any advertisement of an approved course of continuing education must contain:
(a) The title of the course;
(b) The name and address of the person approved to provide the course;
(c) The fact that the course has been approved for exchange enrollment facilitators;
(d) The number of hours of credit for continuing education for which the course has been approved; and
(e) A brief summary or outline of the contents of the course.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.330 - Duties of provider of approved course

Current through June 11, 2024
The provider of a course of continuing education approved by the Commissioner or a designated representative thereof shall:
1. Provide a certificate of completion to each person who successfully completes the course. The certificate must be on a form approved by the Commissioner.
2. Maintain records of attendance and examination scores for not less than 4 years.
3. Make these records and scores available to the Division upon request.
4. Not employ an unsuitable person as an instructor for the course.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.340 - Credit for completion of certain unapproved course

Current through June 11, 2024
An exchange enrollment facilitator who is seeking approval for hours of continuing education after completing a course organized by and conducted with the supervision of a trade association of the insurance industry or a national association of agents and brokers that was not approved by the Commissioner or a designated representative must:
1. Request approval of the hours from the Commissioner or a designated representative;
2. Submit the information required by subsection 1 of NAC 695J.310; and
3. Submit a document signed by the instructor or provider of the course which verifies the attendance of the exchange enrollment facilitator and his or her successful completion of each portion of the course for which credit is sought.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.350 - Number of hours approved for certain courses; credit for exchange enrollment facilitator who attends or teaches course

Current through June 11, 2024
1. The following courses are approved for continuing education for the hours set forth below:
(a) The health insurance curriculum of the Life Underwriter Training Council, 25 hours.
(b) Any part of the educational program of the Health Insurance Association of America, 15 hours for each part.
(c) Any part of the curriculum of the National Association of Health Underwriters, 25 hours for each part.
(d) Any course relating to health insurance taught by an accredited college or university, 10 hours for each unit of credit awarded by the college or university.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.360 - Limitations on receipt and use of credit

Current through June 11, 2024
An exchange enrollment facilitator:
1. May receive credit for continuing education only once during a renewal period for each course taken.
2. May not carry forward to the next renewal period any hours of continuing education that are accumulated during a renewal period in excess of the hours required pursuant to NAC 695J.300.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.370 - Verification of completion

Current through June 11, 2024
1. Each exchange enrollment facilitator shall furnish to the Division upon the renewal of his or her certificate or upon the request of the Division, the original certificate of completion issued by the provider for each course of continuing education.
2. The exchange enrollment facilitator shall keep a copy of each certificate of completion for not less than 4 years after the completion of the course.
3. Failure to provide verification of continuing education credits upon request by the Division is evidence that the exchange enrollment facilitator did not complete the required continuing education.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.380 - Suspension or revocation of approval of course; auditing of course; reinstatement of approval

Current through June 11, 2024
1. The Commissioner or a designated representative thereof may suspend or revoke the approval of a course if he or she determines that:
(a) The content of the course has been changed without notice to the Commissioner or designated representative and the change affects the number of hours of credit assigned to the course;
(b) A certificate of completion has been issued and hours credited to a person who has not completed the course;
(c) A certificate of completion has not been issued and hours have not been credited when requested to a person who has successfully completed the course;
(d) The quality of instruction is inadequate;
(e) The content of the course does not meet the objectives of subsection 3 of NAC 695J.310;
(f) The provider has not maintained the records required by subsection 2 of NAC 695J.330; or
(g) The provider has employed an unsuitable person as an instructor for the course.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › CONTINUING EDUCATION › Section 695J.390 - Compliance with requirements; submission of false or fraudulent affidavit

Current through June 11, 2024
1. The Division shall not:
(a) Renew the certificate of an exchange enrollment facilitator who fails to comply with the requirements of NAC 695J.300 to 695J.390, inclusive; or
(b) Issue a certificate to an applicant until he or she complies with the requirements of NAC 695J.300 to 695J.390, inclusive.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.400 - Definitions

Current through June 11, 2024
As used in NAC 695J.400 to 695J.490, inclusive, unless the context otherwise requires, the words and terms defined in NAC 695J.410 to 695J.460, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.410 - "Affiliate" defined

Current through June 11, 2024
"Affiliate" means a person that controls, is controlled by, or is under common control with, an exchange enrollment facilitator or person appointed by the Exchange.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.420 - "Client" defined

Current through June 11, 2024
"Client" means a natural person, corporation, association, partnership or other legal entity that is a named insured or seeks the services of an exchange enrollment facilitator to become an insured or receive a quotation.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.430 - "Compensation" defined

Current through June 11, 2024
"Compensation" means consideration in any form for the production of insurance received by an exchange enrollment facilitator from any source.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.440 - "Control" defined

Current through June 11, 2024
"Control" has the meaning ascribed to it in NRS NRS 692C.050.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.450 - "Represents" defined

Current through June 11, 2024
"Represents" means to act on behalf of or in conjunction with a client in relation to an insurance transaction or potential insurance transaction.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.460 - "Transaction" defined

Current through June 11, 2024
"Transaction" has the meaning ascribed to the term "transact" as defined in NRS 679A.130. The term includes:
1. The facilitation of enrollment in or potential facilitation of enrollment in insurance.
2. The giving of information concerning matters related to the procurement of insurance, including, without limitation, the nature and type of insurance policies and their coverage, terms, duration, premiums and premium payment arrangements.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.470 - Applicability of duties

Current through June 11, 2024
The duties imposed on an exchange enrollment facilitator in NAC 695J.480:
1. Apply to every exchange enrollment facilitator.
2. Are in addition to and not in lieu of any other duty imposed on an exchange enrollment facilitator by the Code or the common law of agency as recognized in this State.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.480 - Self-dealing; disclosures concerning compensation, eligibility determination and availability of certain coverage

Current through June 11, 2024
An exchange enrollment facilitator who represents a client in an insurance transaction:
1. Shall not place his or her interest above the interest of the client.
2. Shall, before or simultaneously with a client's purchase of insurance or the consummation of any other transaction that would entitle the exchange enrollment facilitator to compensation as a result of his or her representation of the client, disclose to the client:
(a) That the exchange enrollment facilitator may receive compensation in some form as a result of his or her representation of the client in the transaction.
(b) The name and identity of the source of the compensation and whether the exchange enrollment facilitator has any ownership interest in, or is under common control with, the person providing the compensation.
(c) That the compensation received by the exchange enrollment facilitator may differ depending upon the product and insurer.
(d) The identity of any other person that the exchange enrollment facilitator knows, or reasonably ought to know, will receive compensation for assisting the exchange enrollment fa cilitator in the insurance transaction.
These disclosures must be followed by a documented acknowledgment by the client and the exchange enrollment facilitator that clearly indicates the client's understanding of the contents of the disclosure statement before, or simultaneously with the consummation of, the insurance transaction. In the case of a transaction consummated over the telephone or by electronic means, the client's understanding of the disclosure must be documented by the exchange enrollment facilitator at the time of the transaction and followed by a documented acknowledgment by the client and the exchange enrollment facilitator.
Nevada Administrative Code › Chapter 695J - Persons Who Facilitate Enrollment in Certain Qualified Health Plans › DUTIES OF EXCHANGE ENROLLMENT FACILITATORS TO CLIENTS › Section 695J.490 - Effects of violation

Current through June 11, 2024
A violation of any provision of NAC 695J.480 is:
1. An unfair method of competition or an unfair or deceptive act or practice in the business of insurance in violation of NRS NRS 686A.020.
2. A cause for disciplinary action pursuant to NRS 695J.240.
Added to NAC by Comm'r of Insurance by R074-13, eff. 11/22/2013
NRS 679B.130, 695J.270
Nevada Administrative Code › Chapter 696A - Motor Clubs › Section 696A.100 - List of members: Contents; maintenance; availability (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r of
			 Insurance by R151-99, eff. 1-28-2000; R by
			 R089-17AP,
			 eff. 5/16/2018
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › GENERAL PROVISIONS › Section 697.110 - Purpose

Current through June 11, 2024
The purpose of this chapter is to provide a comprehensive regulation of practices common among bail bondsmen and provide guidelines for the enforcement of current statutes regulating bail bondsmen, bail solicitors and bail surety companies.
Comm'r of Insurance, M-8 § II, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › GENERAL PROVISIONS › Section 697.120 - Definitions

Current through June 11, 2024
1. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 697.030 to 697.070, inclusive, have the meanings ascribed to them in those sections.
2. "Commissioner" means the Commissioner of Insurance.
3. "Licensee" means a natural person licensed under chapter 697 of NRS.
Comm'r of Insurance, M-8 § III, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › GENERAL PROVISIONS › Section 697.125 - Required score on examination

Current through June 11, 2024
An applicant for a license as a bail bondsman, bail solicitor or property bondsman must achieve a score of at least 67 percent to pass the licensing examination.
Added to NAC by Comm'r of Insurance, eff. 3-15-84; A 6-23-86
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › GENERAL PROVISIONS › Section 697.130 - Unlicensed persons: Limitations

Current through June 11, 2024
No person other than a licensee may:
1. Complete an application for a bail bond, other than filling in the initial statistical information.
2. Execute the surety contract, other than clerical preparation of a surety contract under the direct and immediate supervision of the licensee.
3. Execute a collateral receipt, other than clerical preparation of the receipt under the direct and immediate supervision of the licensee.
4. Post a bond with a court or with a jail in which a defendant is confined or have any communication with defendant while he or she is confined, except to obtain statistical information sufficient to refer the matter to the licensee. Any natural person may post a bond on behalf of a defendant if the person is not regularly engaged in the business of providing bail bonds.
5. Appear on behalf of the licensee at a court proceeding for the purpose of obtaining continuation, exoneration or reduction of a posted bond, or obtaining other court action on it.
6. Solicit bail bond business on behalf of a licensee.
7. Perform any other function of a licensee.
Comm'r of Insurance, M-8 § VII, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › PARTNERSHIPS › Section 697.210 - Written statement

Current through June 11, 2024
1. Any licensee who desires to conduct business with one or more other licensees as a partnership must file a written statement setting forth:
(a) The nature of all business to be conducted by the partnership;
(b) The location of the principal place of the bail business of the partnership and of all other places for the conducting of partnership business; and
(c) The portion of ownership of each member of the partnership.
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › PARTNERSHIPS › Section 697.220 - Changes in membership

Current through June 11, 2024
Upon any change in the membership of a partnership, whether through death, dissolution, addition, deletion, revocation of the license of any partner or otherwise, the survivors or successors to the partnership business, if they wish to continue to act as a partnership, must promptly file a new statement pursuant to NAC 697.210. If the change in membership arises through the death of a partner, the Commissioner may allow the partnership to continue to transact business as a partnership pursuant to NRS 683A.300.
Comm'r of Insurance, M-8 § XVI, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › PARTNERSHIPS › Section 697.230 - Suspension of partner

Current through June 11, 2024
1. If the license of any partner is suspended, that partner may not engage directly in the transaction of bail, nor may he or she directly receive any commission on, or profit derived from, any transactions entered into by other persons during the period of suspension.
2. This section applies to profits or commissions earned during the period of suspension, even if the profits, commissions or other money are not actually received until after the end of the suspension period.
Comm'r of Insurance, M-8 § XVII, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › PARTNERSHIPS › Section 697.240 - Discipline for act of one partner

Current through June 11, 2024
The license of each member of a partnership is subject to suspension or revocation for the failure of the partnership or of any member of the partnership to comply with all laws and regulations governing the conduct of the bail business or acts incidental thereto, if the failure occurred with the knowledge, consent, ratification or collusion of the member.
Comm'r of Insurance, M-8 § XVIII, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › DUTIES OF LICENSEES › Section 697.310 - Actions for attorneys; release or assignment of collateral

Current through June 11, 2024
1. No licensee or employee thereof may receive, accept or otherwise collect or transmit money or other consideration for attorney's fees, services or costs, or for any other purpose, to an attorney on behalf of any defendant.
2. A licensee who is lawfully holding money or other collateral may, upon release or assignment of the collateral, honor the release or assignment if the licensee took no part in the negotiation of the release or assignment.
3. Any release or assignment of collateral held by a licensee, including a release or assignment to pay a fine or for any reason other than to satisfy or secure the bond for which the collateral was originally received, must be executed by the defendant in writing.
Comm'r of Insurance, M-8 § V, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › DUTIES OF LICENSEES › Section 697.330 - Information concerning employees

Current through June 11, 2024
Each bail bond agent shall furnish the following information concerning every person in his or her employ, including independent contractors, clerical workers, skip tracers and special agents for the purpose of surrender, as long as the persons are employed for an aggregate period of 30 days or more during any 1-year period:
1. Name;
2. Address, length of time at that address, and previous addresses for 2 years preceding the date of application;
3. Business and residence telephone numbers;
4. Age, date of birth, place of birth and social security number; and
5. Current and previous occupations for 2 years preceding the date of the application.
The requirements of this section may be met by completing Form ID6-BE, Bail Employee Notification Form, which will be provided by the Commissioner. The provisions of this section apply only to those persons employed within the State of Nevada.
Comm'r of Insurance, M-8 § IX, eff. 11-22-78-NAC A by R109-10, 9-14-2012
NRS 679B.130, 697.130, 697.360
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › DUTIES OF LICENSEES › Section 697.340 - Supervision of employees

Current through June 11, 2024
An employing bail agent shall exercise supervision over his or her employees and make a diligent effort to keep informed of their acts as his or her employees. Failure of the employer to exercise sufficient supervision to prevent violations of the insurance law or this chapter by the employee while acting within the scope of his or her employment may result in disciplinary action against the employer.
Comm'r of Insurance, M-8 § X, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › DUTIES OF LICENSEES › Section 697.350 - Advertising and listings in classified section of telephone directories

Current through June 11, 2024
All advertising or telephone listings in the classified sections of telephone directories must clearly indicate the true name of each licensee who owns the business, along with its fictitious name.
Comm'r of Insurance, M-8 § XIX, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › DUTIES OF LICENSEES › Section 697.355 - Advertisement or solicitation of bail transaction; dissemination of untrue, deceptive or misleading information prohibited

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, a person shall not advertise or solicit a bail transaction, directly or indirectly, including, without limitation, by the use of any type of printed matter, a bail solicitor or an employee of a court, prison, county or city jail or detention facility:
(a) Within the prison, county or city jail or detention facility;
(b) Within a courthouse or courtroom; or
(c) On the property upon which the prison, county or city jail, detention facility or courthouse is located.
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › SURETY COMPANIES › Section 697.360 - Maintenance of accounts

Current through June 11, 2024
Deposits, reserves or build-up accounts posted by a bail bondsman or general agent, either with a surety company or a general agent representing a surety company, must be maintained by the surety company or the general agent as trustee for the agent and deposited in a bank, savings and loan association, thrift company or similar institution in Nevada.
Comm'r of Insurance, M-8 § XI, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › SURETY COMPANIES › Section 697.370 - Provision of envelopes to clerk of court

Current through June 11, 2024
Each surety company engaged in the writing of bail bonds shall provide to the clerk of each court in which the surety company posts bonds, self-addressed envelopes for the use of the court in notifying the surety company that final judgment of default has been entered against a bond of the company.
Comm'r of Insurance, M-8 § XXI, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › SURETY COMPANIES › Section 697.380 - Satisfaction of final judgment of default

Current through June 11, 2024
1. For purposes of NAC 697.370 and this section, "final judgment of default" means a judgment entered against a bond after the 180-day notice of forfeiture period as provided in NRS 178.508.
2. If the final judgment of default has not been satisfied within 30 days after the clerk serves it by mail to the surety company, the Commissioner may require an officer of the company to appear before him or her.
Comm'r of Insurance, M-8 § XXII, eff. 11-22-78-NAC A by R152-99, 1-28-2000
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › RECORDS › Section 697.410 - Required information; authorized form

Current through June 11, 2024
1. Each bail bondsman licensed under the provisions of chapter 697 of NRS shall maintain complete and accurate records of the following information for each bond:
(a) The date on which the bond was executed.
(b) The bond number.
(c) The names of all principals on whose behalf the bond was issued.
(d) The amount of the bond.
(e) The court in which the bond was posted.
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › RECORDS › Section 697.420 - Location of records; quarterly reports

Current through June 11, 2024
1. Information required by NAC 697.410 must be compiled by the licensee and filed at the home office of the surety company unless the company designates another location in writing to the Commissioner and that location is approved by the Commissioner.
2. The information required by this section must be updated on a quarterly basis and filed at the designated place of filing not later than 21 days after the close of each calendar quarter.
Comm'r of Insurance, M-8 part § IV, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › RECORDS › Section 697.430 - Retention by surety company

Current through June 11, 2024
All forms forwarded to the surety company pursuant to this chapter must be maintained for 3 years after the date of receipt by the surety company.
Comm'r of Insurance, M-8 § XXVIII, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › RECORDS › Section 697.450 - Copies required

Current through June 11, 2024
Every bondsman's agent or employee of an agent shall promptly provide, upon request to any person who posts or secures bail or otherwise becomes obligated, copies of any form signed by that person.
Comm'r of Insurance, M-8 § XXIV, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › RECORDS › Section 697.460 - Receipts for collateral

Current through June 11, 2024
1. Receipts for collateral must be issued and maintained in numerical order. A master collateral receipt book must remain permanently at the principal place of business of the licensee.
2. A licensee may keep a duplicate book of collateral receipts on his or her person away from the principal place of business. If a duplicate book is maintained, it must be clearly designated as such.
Comm'r of Insurance, M-8 § XII, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › AGREEMENTS › Section 697.470 - Agreement to act as guarantor

Current through June 11, 2024
All agreements of persons to act as guarantor must be in writing or reduced to writing as soon as possible after consummation. If any person acts as a guarantor, a copy of the agreement executed by the person must be delivered to him or her promptly upon his or her completion of the execution. No bail licensee may enforce any such agreement without disclosing to the guarantor all collateral held by the licensee indemnifying the bond to which the agreement relates, and the identity of all other guarantors thereof, if any.
Comm'r of Insurance, M-8 § XX, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › AGREEMENTS › Section 697.475 - Certain agreements prohibited

Current through June 11, 2024
It is unlawful for any licensee to:
1. Enter into any agreement of any kind which would directly or indirectly result in a restraint of trade or an unfair method of competition; or
2. Have any direct or indirect understanding with any law enforcement agency, judicial officer, employee of any court, newspaper employee, private investigator, messenger service or similar business, trusty in a jail or anyone incarcerated, under which the person will notify or inform the licensee, directly or indirectly, of a criminal complaint, an arrest, that an arrest is pending or contemplated, or any other matters relating thereto.
Comm'r of Insurance, M-8 § VI, eff. 11-22-78-Substituted in revision for NAC 697.320
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › AGREEMENTS › Section 697.480 - Guarantee of bail in advance of offense prohibited

Current through June 11, 2024
No bail licensee may enter into an agreement or arrangement with any person, guaranteeing or assuring in advance of the commission of any offense that bail will be furnished to the person if he or she is arrested.
Comm'r of Insurance, M-8 § XXVII, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › COLLATERAL › Section 697.510 - Cash accounts

Current through June 11, 2024
Subject to any contract to the contrary with a surety, a licensee may maintain cash collateral in an interest-bearing account with a bank, savings and loan association, thrift company or similar institution in this state, and may retain the interest earned on that money if:
1. All such deposits are maintained separate from any other funds, except cash collateral funds;
2. All such deposits are returned to the person who posted the money with the licensee promptly upon the termination of the liability for which the money was posted as security; and
3. Any penalty or loss of interest for early withdrawal of collateral deposits is the responsibility of the licensee.
Comm'r of Insurance, M-8 § XXVII, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › COLLATERAL › Section 697.520 - Disbursement

Current through June 11, 2024
1. Upon return of collateral to the person who posted it, if any amount has been deducted by the licensee as expense, the licensee shall include with the money an itemized statement of all expenses, and maintain a copy of the statement in his or her file. The statement must include notary fees, guard fees and any other expenses deducted from the collateral.
2. If the bond secured by the collateral is forfeited and the licensee retains possession of the collateral in payment of the forfeiture or otherwise disposes of the collateral, the licensee shall advise the surety company within 7 working days of the terms of disposition of the collateral.
3. Compliance with subsection 1 or 2 of this section may be accomplished by completion of a form similar to Form M-8B or M-8B-1, and including the items shown on those forms.
Comm'r of Insurance, M-8 § XIV, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › COLLATERAL › Section 697.530 - Real property

Current through June 11, 2024
1. If a licensee receives any document which conveys title to real property as collateral in a bail transaction, whether on his or her own behalf or on behalf of a surety company, the document must state on its face that it is executed as part of a security transaction.
2. If the document is recorded, a reconveyance of the property executed in such a manner that it may be recorded must be delivered by the licensee or surety to the person executing the original conveyance, or to his or her heirs, legal representative or successor in interest, promptly upon satisfaction of the obligation secured.
3. The licensee or surety company shall determine promptly whether the obligation has been discharged upon request for return of the collateral by the person entitled to it.
Comm'r of Insurance, M-8 § XXIII, eff. 11-22-78
NRS 679B.130
Nevada Administrative Code › Chapter 697 - Businesses Related to Bail › MISCELLANEOUS PROVISIONS › Section 697.550 - Early surrender of defendant

Current through June 11, 2024
1. No bail bondsman may surrender a defendant back into custody without good cause before the time specified in the bond for the appearance of the defendant.
2. "Good cause" includes, but is not limited to:
(a) Information from a source credible under the circumstances that the defendant intends to fail to appear before the appropriate court at the date and time prescribed.
(b) Materially false information on the application of a defendant.
(c) An increase by the court in the amount of bail beyond sound underwriting criteria employed by the licensee.
(d) A material change in the collateral posted by the defendant or one acting on his or her behalf.
(e) A change of address or telephone number by the defendant made without giving reasonable notice to the licensee.
(f) Commission of another crime, other than a minor traffic violation, by the defendant while on bail.
(g) Failure by the defendant to appear in court at the appointed time.
(h) A finding of guilt against the defendant by a court of competent jurisdiction.