Nevada Protection from Fire; Explosives

Sec. § 477.2233
Preliminary determination of whether person’s criminal history will disqualify person from obtaining certificate of registration.


1.

The State Fire Marshal shall develop and implement a process by which a person with a criminal history may petition the State Fire Marshal to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate of registration as a fire performer or apprentice fire performer pursuant to NRS 477.223.

2.

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

3.

The State Fire Marshal 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 State Fire Marshal at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the State Fire Marshal.

5.

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

6.

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

7.

The State Fire Marshal may post on its Internet website:

(a)

The requirements to obtain a certificate from the State Fire Marshal; and

(b)

A list of crimes, if any, that would disqualify a person from obtaining a certificate from the State Fire Marshal.

8.

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

10.

The State Fire Marshal 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 State Fire Marshal pursuant to subsection 1;

(b)

The number of determinations of disqualification made by the State Fire Marshal pursuant to subsection 1;

(c)

The reasons for such determinations; and

(d)

Any other information that is requested by the Director or which the State Fire Marshal 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

Last accessed
Feb. 5, 2021