NRS 449.03008
Petition to determine if criminal history will disqualify person from obtaining license

  • fee
  • posting of requirements for license and list of disqualifying crimes on Internet
  • report.

1.

The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to NRS 449.029 to 449.2428, inclusive.

2.

Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a license. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

3.

The Division 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 Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Division.

5.

A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

6.

The Division 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 Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

7.

The Division may post on its Internet website:

(a)

The requirements to obtain a license pursuant to NRS 449.029 to 449.2428, inclusive, from the Division; and

(b)

A list of crimes, if any, that would disqualify a person from obtaining a license from the Division.

8.

The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division 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 Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

10.

The Division 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 Division pursuant to subsection 1;

(b)

The number of determinations of disqualification made by the Division pursuant to subsection 1;

(c)

The reasons for such determinations; and

(d)

Any other information that is requested by the Director or which the Division 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.

Source: Section 449.03008 — Petition to determine if criminal history will disqualify person from obtaining license; fee; posting of requirements for license and list of disqualifying crimes on Internet; report., https://www.­leg.­state.­nv.­us/NRS/NRS-449.­html#NRS449Sec03008.

449.029
“Medical facility” further defined.
449.030
License required to operate or maintain medical facility or facility for the dependent.
449.0301
Exemptions.
449.0302
Board to adopt standards, qualifications and other regulations.
449.0303
Authority of Board to require licensing of other facilities.
449.0304
Board to adopt regulations authorizing employees of certain facilities and agencies to perform certain tasks.
449.0305
Businesses that provide referrals to residential facilities for groups and certain other group housing arrangements: License required
449.0306
Money received from licensing of facilities to be deposited in State General Fund
449.0307
Powers of Division.
449.0308
Authority of Division to collect actual cost of enforcing provisions from unlicensed medical facility, facility for the dependent or certain other facilities
449.03005
License to operate employment agency that contracts with persons in State to provide certain nonmedical services
449.03008
Petition to determine if criminal history will disqualify person from obtaining license
449.03013
Facility for the dependent or medical facility that employs community health workers not required to obtain additional license.
449.03015
Facility for the dependent or medical facility that employs providers of peer support services not required to obtain additional license.
449.03017
Person otherwise licensed under this chapter exempt from requirement to obtain license to operate employment agency that contracts with persons to provide certain nonmedical services.
449.03075
Duty of Division to compile and post information concerning licensing status and quality of certain facilities for the treatment of alcohol or other substance use disorders.
Last Updated

Jun. 24, 2021

§ 449.03008’s source at nv​.us