Nevada Revised Statutes 599B.127 – Use of criminal history in determining whether to issue registration
1. The Unit shall develop and implement a process by which a person with a criminal history may petition the Unit to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a registration pursuant to NRS 599B.080.
Terms Used In Nevada Revised Statutes 599B.127
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Unit: means the Consumer Affairs Unit of the Department of Business and Industry. See Nevada Revised Statutes 599B.010
2. Not later than 90 days after a petition is submitted to the Unit pursuant to subsection 1, the Unit shall inform the person of the determination of the Unit of whether the person’s criminal history will disqualify the person from obtaining a registration. The Unit is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.
3. The Unit may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.
4. A person with a criminal history may petition the Unit at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Unit.
5. A person may submit a new petition to the Unit not earlier than 2 years after the final determination of the initial petition submitted to the Unit.
6. The Unit may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Unit may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The Unit may post on its Internet website:
(a) The requirements to obtain a registration from the Unit; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Unit.
8. The Unit may request the criminal history record of a person who petitions the Unit for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Unit makes such a request of a person, the Unit shall require the person to submit his or her criminal history record which includes a report from:
(a) The Central Repository for Nevada Records of Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the Unit for a determination pursuant to subsection 1 shall not submit false or misleading information to the Unit.
10. The Unit shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:
(a) The number of petitions submitted to the Unit pursuant to subsection 1;
(b) The number of determinations of disqualification made by the Unit pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director or which the Unit determines would be helpful.
11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.