Nevada Trade Regulations and Practices

Sec. § 599A.057
Use of criminal history in determining whether to issue license.


1.

The board of county commissioners of any county and the governing body of an incorporated city shall develop and implement a process by which a person with a criminal history may petition the board of county commissioners of any county and the governing body of an incorporated city 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 599A.050.

2.

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

3.

The board of county commissioners of any county and the governing body of an incorporated city 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 board of county commissioners of any county and the governing body of an incorporated city at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the board of county commissioners of any county and the governing body of an incorporated city.

5.

A person may submit a new petition to the board of county commissioners of any county and the governing body of an incorporated city not earlier than 2 years after the final determination of the initial petition submitted to the board of county commissioners of any county and the governing body of an incorporated city.

6.

The board of county commissioners of any county and the governing body of an incorporated city 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 board of county commissioners of any county and the governing body of an incorporated city may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

7.

The board of county commissioners of any county and the governing body of an incorporated city may post on its Internet website:

(a)

The requirements to obtain a license from the board of county commissioners or the governing body, as applicable; and

(b)

A list of crimes, if any, that would disqualify a person from obtaining a license from the board of county commissioners of any county and the governing body of an incorporated city, as applicable.

8.

The board of county commissioners of any county and the governing body of an incorporated city may request the criminal history record of a person who petitions the board of county commissioners or the governing body, as applicable, for a determination pursuant to subsection 1. To the extent consistent with federal law, if the board of county commissioners or governing body, as applicable, makes such a request of a person, the board of county commissioners or governing body, as applicable, 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 board of county commissioners of any county and the governing body of an incorporated city for a determination pursuant to subsection 1 shall not submit false or misleading information to the board of county commissioners or governing body, as applicable.

10.

The board of county commissioners of any county and the governing body of an incorporated city 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 board of county commissioners of any county and the governing body of an incorporated city pursuant to subsection 1;

(b)

The number of determinations of disqualification made by the board of county commissioners of any county and the governing body of an incorporated city pursuant to subsection 1;

(c)

The reasons for such determinations; and

(d)

Any other information that is requested by the Director or which the board of county commissioners of any county and the governing body of an incorporated city 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