AB 319 — Revises provisions governing professional licensing. (BDR 54-314)

[and] (VI) The number of applications reviewed on an individual basis by the regulatory body or the executive head of the regulatory body;

- 80th Session (2019) – 5 – (a) Provide any information received pursuant to subsection 1 to a member of the public upon request;

The Director, on or before the first day of each regular session of the Legislature and at such other times as directed, shall compile the reports received pursuant to paragraph (b) of subsectionsubsectionl 1 and distribute copies of the compilation to the Senate Standing Committee on Commerce, Labor and Energy and the Assembly Standing Committee on Commerce and Labor, each of which shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

- *AB319_R3* – 6 – The Court Administrator is not bound by his or her determination of disqualification or qualification and may rescind such aaation determination at any time.

- 80th Session (2019) – 6 – 5.

7.

The Court Administrator may post on its Internet website:

The Court Administrator 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 bybyhe the Director, a report that includes:

- *AB319_R3* – 7 – (a) The number of petitions submitted to the Court Administrator pursuant to subsection 1;

Sec.- 80th Session (2019) – 7 – Secs.

4.4 and 5.

5.

(Deleted by amendment.) Sec.

Each professional or occupational licensing board and regulatory body subject to review pursuant to subsection 1 must submit information to the Sunset Subcommittee on a formformn 1 must prescribed by the Sunset Subcommittee.

The Sunset Subcommittee of the Legislative Commission shall conduct a review of each board and commission in this State which is not provided for in the Nevada Constitution or established by an executive order of the Governor to determine whether the board or commission should be terminated, modified, consolidated with another board or commission or continued.

- *AB319_R3* – 8 – (a) An evaluation of the major policies and programs of the board or commission, including, without limitation, an examination of other programs or services offered in this State to determine if any other provided programs or services duplicate those offered by the board or commission;

- 80th Session (2019) – 8 – 2.

232B.250Commission 1.determines to recommend the termination of a board or commission, its recommendation must include suggestions for appropriate direct legislative action, if any, which is made necessary or desirable by the termination of the board or commission.

If the Sunset Subcommittee of the Legislative Commission determines to recommend the termination of a board or commission, its recommendation must include suggestions for appropriate direct legislative action, if any, which is made necessary or desirable by the termination of the board or commission.

On or before June 30, 2012, the Sunset Subcommittee shall make all of its initial recommendations pursuant to this section, if any.recommendations pursuant to this section, if any, on or before June 30 of each even-numbered year occurring thereafter.

TheSec. Sunset Subcommittee shall make all subsequent recommendations pursuant to this section, if any, on or before June 30 of each even-numbered year occurring thereafter.

- *AB319_R3* – 9 – Sec.

Not later than 90 days after a petition is submitted to the Secretary of State pursuant to subsection 1, the Secretary of State shall inform the person of the determination of the Secretary of State of whether the person’s criminal history will disqualify the - 80th Session (2019) – 9 – person from obtaining a registration.

4.of State at any time, including, without limitation, beforeecretary obtaining any education or paying any fee required to obtain a registration from the Secretary of State.

A person with a criminal history may petition the Secretary of State at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Secretary of State.

To the extent consistent with federal law, if the Secretary of State makes such a request of a person, the Secretary of State shall require the person to submit his or her criminal history record which includes a report from:

and - *AB319_R3* – 10 – (b) The Federal Bureau of Investigation.

- 80th Session (2019) – 10 – (a) The number of petitions submitted to the Secretary of State pursuant to subsection 1;

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.

quarterly, unless otherwise directed by the Sec.

A board of county commissioners or county license board may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification.

A person with a criminal history may petition the board of county commissioners or county license board at any time, - *AB319_R3* – 11 – including, without limitation, before obtaining any education or paying any fee required to obtain a license from the board of county commissioners or county license board.

A person may submit a new petition to the board of county commissioners or county license board not earlier than 2 years - 80th Session (2019) – 11 – after the final determination of the initial petition submitted to the board of county commissioners or county license board.

A board of county commissioners or county license board maymay(a) postThe onrequirements itsto Internetobtain website:a license from the board of county commissioners or county license board, as applicable;

(a) The requirements to obtain a license from the board of county commissioners or county license board, as applicable;

A person who petitions the board of county commissioners or county license board for a determination pursuant to subsection 1county shallcommissioners not submit false or misleadingcounty informationlicense board.ation to the board of county10. commissioners or county license board.

10.

- *AB319_R3* – 12 – (b) The number of determinations of disqualification made by a board of county commissioners or county license board pursuant to subsection 1;

and - 80th Session (2019) – 12 – (d) Any other information that is requested by the Director or which a board of county commissioners or county license board determines would be helpful.

1.which a person with a criminal history may petition thecess by Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining an appraiser’s certificate pursuant to NRS 361.221.

The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining an appraiser’s certificate pursuant to NRS 361.221.

A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Department.

- *AB319_R3* – 13 – (a) The requirements to obtain an appraiser’s certificate from the Department;

and - 80th Session (2019) – 13 – (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Department.

(a) The Central Repository for Nevada Records of Criminal History;His(b) The Federal Bureau of Investigation.

and (b) The Federal Bureau of Investigation.

Sec.thereto a new section to read as follows:amended by adding 1.

12.

Chapter 379 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

Not later than 90 days after a petition is submitted to the State Library, Archives and Public Records Administrator pursuant to subsection 1, the State Library, Archives and Public Records Administrator shall inform the person of the determination of the State Library, Archives and Public Records - *AB319_R3*80th Session (2019) – 14 – Administrator of whether the person’s criminal history will disqualify the person from obtaining a certification.

A person may submit a new petition to the State Library, Archives and Public Records Administrator not earlier than 2 years after the final determination of the initial petition submitted to the State Library, Archives and Public Records Administrator.Administrator.itted 6.

6.

- 80th Session (2019) – 15 – (a) The Central Repository for Nevada Records of Criminal History;

and - *AB319_R3* – 15 – (b) The Federal Bureau of Investigation.

The State Library, Archives and Public Records Administrator 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 thetheive Director, a report that includes:

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 thetheion to person’s criminal history will disqualify the person from obtaining a certificate pursuant to NRS 433.601 to 433.621, inclusive.

A person may resubmit a - 80th Session (2019) – 16 – 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.

- *AB319_R3* – 16 – 4.

A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petitionpet6.ionThe submittedDivision may impose a fee of up to $50 upon the Division.person to fund the administrative costs in complying with the provisions of this section.

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.

9.pursuant to subsection 1 shall not submit false or misleadingon information to the Division.

A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

- 80th Session (2019) – 17 – 11.

- *AB319_R3* – 17 – Sec.

Sec.thereto a new section to read as follows:amended by adding 1.

15.

Chapter 435 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

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

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 certificate from the Division.

- 80th Session (2019) – 18 – (a) The requirements to obtain a certificate from the Division;

To the extent consistent with federal law, if the - *AB319_R3* – 18 – Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record whichwhi(a) includesThe aCentral reportRepository from:for Nevada Records of Criminal History;

(a) The Central Repository for Nevada Records of Criminal History;

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.

quarterly, unless otherwise directed by the Sec.

Not later than 90 days after a petition is submitted to the Department of Motor Vehicles pursuant to subsection 1, the Department shall inform the person of the determination of the - 80th Session (2019) – 19 – Department of whether the person’s criminal history will disqualify the person from obtaining a qualification.

A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this - *AB319_R3* – 19 – subsection if the person remedies the determination of disqualification.

person remedies the determination of 4.

8.criminal history record of a person who petitions the Department for a determination pursuant to subsection 1.

The Department of Motor Vehicles may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1.

- 80th Session (2019) – 20 – 10.

and (d) Any other information that is requested by the Director or which the Department determines would be helpful.

-the *AB319_R3*Director –or 20 – 11.

(b) The holder of a license for an authorized inspection station, authorized station or fleet station refuses to furnish the Department with the requested material or document.

A violation of any provision of NRS 445B.700 to 445B.845, inclusive, and section 16 of this act relating to motor - 80th Session (2019) – 21 – vehicles, or any regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor.

Satisfactory evidence that the motor vehicle or its equipment conforms to those provisions or regulations, when supplied by the owner of the motor vehicle to the Department of Motor Vehicles within 10 days after the issuance of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of theSec. offense.

-18.5.e. *AB319_R3* – 21 – Sec.

18.5.

A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receivingremedies instructionsthe pursuantdetermination toof thisdisqualification.ion subsection if the person remedies4. the determination of disqualification.

4.

- 80th Session (2019) – 22 – 7.

To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall requirewhich theincludes persona toreport submitfrom:his his or her criminal history record which(a) includesThe aCentral reportRepository from:for Nevada Records of Criminal History;

- *AB319_R3* – 22 – (a) The Central Repository for Nevada Records of Criminal History;

The Director shall transmit a compilation of the informationCommissionn receivedrecquarterly,uanunlessubsotherwise pursuanttodirectedislbyivethe to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

The Division is not bound by its determination of - 80th Session (2019) – 23 – disqualification or qualification and may rescind such a determination at any time.

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.

- *AB319_R3* – 23 – 5.

To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall requirewhich theincludes persona toreport submitfrom:his his or her criminal history record which(a) includesThe aCentral reportRepository from:for Nevada Records of Criminal History;

(a) The Central Repository for Nevada Records of Criminal History;

- 80th Session (2019) – 24 – (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

449.029.2.

As used in NRS 449.029 to 449.240, inclusive, ands:

section 19.1 of this act, unless the context otherwise requires, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.

19.2.

NRS 449.029 is hereby amended to read as follows:

449.029 As used in NRS 449.029 to 449.240, inclusive, and section 19.1 of this act, unless the context otherwise requires, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.

- *AB319_R3* – 24 – Sec.

Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintainedmaiSec. by the United States Government or an agency thereof.

Sec.

NRSthNRS 449.0302 is hereby amended to read asashereof. follows:

follows:

The - 80th Session (2019) – 25 – regulations must require that such grants are effective only if made in writing.

(e) Any other regulations as it deems necessary or convenient to carryand outsection the19.1 provisions of NRSthis act.RS 449.029 to 449.2428, inclusive [.] , and2. section 19.1 of this act.

2.

- *AB319_R3* – 25 – 3.

5.to NRS 449.093, the Board shall establish minimum qualificationsuant for administrators and employees of residential facilities for groups.

In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups.

- 80th Session (2019) – 26 – (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is notnotdopted administered by injection or intravenously.

The Board shall not allow the - *AB319_R3* – 26 – licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

(1) Except as otherwise provided in subsection 8, contain toilet facilities;(2) Contain a sleeping area or bedroom;

(2) Contain a sleeping area or bedroom;

- 80th Session (2019) – 27 – (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;

(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationshipscommunity;ips with fellow residents and with persons in the general community;(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time;

(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time;

The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility - *AB319_R3* – 27 – which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:

or (2) Result in more than two residents sharing a toilet facility;

or (3) Otherwise impair substantially the purpose of that requirement.

(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without - 80th Session (2019) – 28 – limitation, plans to ensure that nonambulatory patients may be evacuated;

The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide forincluding, thewithout licensurelimitation:three different types of atfacilities, least(a) threeFacilities differentthat typesonly ofprovide facilities,a including,housing withoutand limitation:living environment;

(a) Facilities that only provide a housing and living environment;

- *AB319_R3* – 28 –  The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

(a) Applicant is in full compliance with the provisions of NRS 449.029449(b) toApplicant 449.2428,is inclusivein [;]substantial ,compliance with the standards and sectionregulations 19.1adopted ofby thisthe act;Board;

(b) Applicant is in substantial compliance with the standards and regulations adopted by the Board;

- 80th Session (2019) – 29 – Sec.

(a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, and section 19.1 of this act or the standards and(b) Obtained the approval of the Director of the Department of Health and regulationsHuman adoptedServices before undertaking a project, if such approval is required by theNRS Board;439A.100;

(b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100;

§ 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, a peer support recovery organization, the distinct part of a hospital which meets the requirements of a - *AB319_R3* – 29 – skilled nursing facility or nursing facility pursuant to 42 C.F.R.

§ 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs must include, without limitation, a statement that the facility, hospital, agency, program, pool, organization or home is inine facility, compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.

- 80th Session (2019) – 30 – Sec.

(b)act.b) Aiding, abetting or permitting the commission of any illegal act.(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

- *AB319_R3* – 30 – (a) Is convicted of violating any of the provisions of NRS 202.470;

(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124;

or abate a nuisance pursuant to NRS (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

- 80th Session (2019) – 31 – (b) A report of any investigation conducted with respect to the complaint;

(a) Any complaints included in the log maintained by the Div(b) Any disciplinary actions taken by the Division pursuant to subsection 3;2.

and (b) Any disciplinary actions taken by the Division pursuant to subsection 2.

(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, -facility *AB319_R3*that –is 31licensed;ts – require the facility, at its own expense, to move patients to another facility(d) thatImpose isan licensed;administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum;

(d) Impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum;

- 80th Session (2019) – 32 – 2.

The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 19.1 of this act or any condition, standard or regulation adoptedcorrect by the Boardviolation.o to make any improvements necessary to correct4. the violation.

4.

449.4304 As used in NRS 449.4304 to 449.4339, inclusive, and section 19 of this act, unless the context otherwise requires, “intermediary service organization” means a nongovernmental entity that provides services authorized pursuant to NRS 449.4308 for a person with a disability or other responsible person.person.9.4308 Sec.

- *AB319_R3* – 32 – Sec.

- 80th Session (2019) – 33 – Sec.

Violation by the applicant or the holder of a certificate of any of the provisions of NRS 449.4304 to 449.4339, inclusive, and section 19 of this act or of any other law of this State or of the standards,sta2.ardAiding, rulesabetting andor regulationspermitting adoptedthe thereunder.commission of any illegal act.

2.

Aiding, abetting or permitting the commission of any illegal act.

(a) Prohibit the intermediary service organization from providing services pursuant to NRS 449.4308 until it determines that the intermediary service organization has corrected the violation;vio(b) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum;

(b)and Impose(c) anAppoint administrativetemporary penaltymanagement to oversee the operation of notthe moreintermediary thanservice $1,000organization perand dayto forensure eachthe violation,health togetherand withsafety interestof thereonthe atpersons afor ratewhom notthe tointermediary exceedservice 10organization percentperforms perservices, annum;until:

and - *AB319_R3* – 33 – (c) Appoint temporary management to oversee the operation of the intermediary service organization and to ensure the health and safety of the persons for whom the intermediary service organization performs services, until:

- 80th Session (2019) – 34 – 2.

The Division may require any intermediary service organization that violates any provision of NRS 449.4304 to 449.4339, inclusive, and section 19 of this act, or any condition, standard or regulation adopted by the Board, to make any improvements necessary to correct the violation.

It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the intermediary service organization without a certificate.certificate.intain the Sec.

Sec.

The health authority shall develop and implement a process by which a person with a criminal history may petition the health authority to review the criminal history of the person to - *AB319_R3* – 34 – determine if the person’s criminal history will disqualify the person from obtaining a license as an attendant or firefighter or a certificate pursuant to NRS 450B.160.

Not later than 90 days after a petition is submitted to the health authority pursuant to subsection 1, the health authority shall inform the person of the determination of the health authority of whether the person’s criminal history will disqualify - 80th Session (2019) – 35 – the person from obtaining a license or certificate.

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 remediesrem4.iesA person with a criminal history may petition the determinationhealth ofauthority disqualification.at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license or certificate from the health authority.

4.

A person with a criminal history may petition the health authority at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license or certificate from the health authority.

The health authority may request the criminal history record of a person who petitions the health authority for a determinationwith pursuantfederal law, if the health authority makes such a request of a person, the health authority shall require the person to subsectionsubmit 1.his or her criminal history record which includes a report from:

To the extent consistent with federal law, if the health authority makes such a request of a person, the health authority shall require the person to submit his or her criminal history record which includes a report from:

- *AB319_R3* – 35 – 9.

- 80th Session (2019) – 36 – (a) The number of petitions submitted to the health authority pursuant to subsection 1;

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.

quarterly, unless otherwise directed by the Sec.

The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification.

A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a medical marijuana establishment agent registration card or - *AB319_R3* – 36 – medical marijuana establishment registration certificate from the Department.

- 80th Session (2019) – 37 – 6.

and (b) A list of crimes, if any, that would disqualify a person from obtaining a medical marijuana establishment agent registrationregistrationn from card or a medical marijuana establishment registration certificate from the Department.

(a)pursuant to subsection 1;tions submitted to the Department (b) The number of petitionsdeterminations submittedof todisqualification made by the Department pursuant to subsection 1;

(b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

- *AB319_R3*80th Session (2019) – 3738 – Sec.

6 For the initial issuance of a medical marijuana establishment registration certificate for a medical marijuana dispensary................................$30,000 For the renewal of a medical marijuana establishment registration certificate for a medical marijuana dispensary....................................5,000 For the initial issuance of a medical marijuana establishment registration certificate for a cultivation facility ......................................................3,000 For the renewal of a medical marijuana establishment registration certificate for a cultivation facility ......................................................1,000 For the initial issuance of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.....................3,000 For the renewal of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.....................1,000 For each person identified in an application for the initial issuance of a medical marijuana establishment agent registration card..............................75 For each person identified in an application for the renewal of a medical marijuana establishment agent registration card.....................................................75 For the initial issuance of a medical marijuana establishment registration certificate for an independent testing laboratory...................................5,000 For the renewal of a medical marijuana establishment registration certificate for an independent testing laboratory...................................3,000 2.

and - 80th Session (2019) – 39 – (b) The actual costs incurred by the Department in processing the application, including, without limitation, conducting background checks.

- *AB319_R3* – 38 – 3.

and (b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the StateStatever to Distributive School Account in the State General Fund.

The Division may provide instructions to a person who receives a determination of disqualification to remedy the 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.

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.

The Division may waive such fees or - 80th Session (2019) – 40 – allow such fees to be covered by funds from a scholarship or grant.

and - *AB319_R3* – 39 – (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.

The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsectionDivision 1.makes such a request of a person, the Division shallhe require the person to submit his or her criminal history record which includes a report from:

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:

and (d) Any other information that is requested by the Director or whichwhi11. the Division determines would be helpful.

11.

- 80th Session (2019) – 41 – 2.

- *AB319_R3* – 40 – 3.

The Division may provide instructions to a person who receives a determination of disqualification to remedy the 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.

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.

and (b) A list of crimes, if any, that would disqualify a person from obtainingobt8.ninThe Division may request the criminal history record of a certificateperson fromwho petitions the Division.Division for a determination pursuant to subsection 1.

8.

The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1.

- 80th Session (2019) – 42 – 10.

and -which *AB319_R3*the –Division 41determines –would (d)be Anyhelpful.by other information that is requested by the Director or which11. the Division determines would be helpful.

11.

The Division may impose an administrative fine, not to exceed $5,000, against the owner, lessee or other person responsible for a radiation machine for mammography for a violation of the provisions of NRS 457.182 to 457.186, inclusive, and section 29 of this act, or for a violation of a regulation adopted pursuant thereto.

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 - 80th Session (2019) – 43 – obtaining a certificate as a detoxification technician pursuant to NRS 458.025.

3.receives a determination of disqualification to remedy theho determination of disqualification.

TheA Divisionperson may provideresubmit instructionsa petition pursuant to asubsection person1 whonot receivesearlier athan determination6 ofmonths disqualificationafter receiving instructions pursuant to remedythis subsection if the person remedies the determination of disqualification.

A person may resubmit a - *AB319_R3* – 42 – 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.

(a) The requirements to obtain a certification from the Division;Div(b) A list of crimes, if any, that would disqualify a person from obtaining a certification from the Division.

and (b) A list of crimes, if any, that would disqualify a person from obtaining a certification from the Division.

- 80th Session (2019) – 44 – 9.

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

disqualification made by (c) The reasons for such determinations;

The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative - *AB319_R3* – 43 – Commission quarterly, unless otherwise directed by the Commission.

Sec.Secs.

33.33-35.

34.

(Deleted by amendment.) Sec.

35.

(Deleted by amendment.) Sec.

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 willwille State disqualify the person from obtaining a certificate of registration.

A person with a criminal history may petition the State Fire Marshal at any time, including, without limitation, before - 80th Session (2019) – 45 – obtaining any education or paying any fee required to obtain a certificate from the State Fire Marshal.

The State Fire Marshal may waive such fees or allow such fees to be covered by funds from a scholarshipsch7.arThe orState grant.Fire Marshal may post on its Internet website:

7.

The State Fire Marshal may post on its Internet website:

- *AB319_R3* – 44 – 8.

The State Fire Marshal shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislativethe CounselDirector, Bureaua inreport anthat electronicincludes:tronic format prescribed by (a) The number of petitions submitted to the Director,State aFire reportMarshal thatpursuant includes:to subsection 1;

(a) The number of petitions submitted to the State Fire Marshal pursuant to subsection 1;

- 80th Session (2019) – 46 – Sec.

The Department shall develop and implement a process by which a person with a criminal history may petition the Department 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 this chapter.

The Department is not bound by its determination of - *AB319_R3* – 45 – disqualification or qualification and may rescind such a determination at any time.

5.earlier than 2 years after the final determination of the initial petition submitted to the Department.

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

- 80th Session (2019) – 47 – 8.

9.pursuant to subsection 1 shall not submit false or misleadingion information to the Department.

A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

- *AB319_R3* – 46 – (c) The reasons for such determinations;

Sec.Secs.

39.39-42.

40.

(Deleted by amendment.) Sec.

41.

(Deleted by amendment.) Sec.

42.

(Deleted by amendment.) Sec.

Chapter 487 of NRS is hereby amended by adding theretothe1.toThe Department shall develop and implement a newprocess sectionby which a person with a criminal history may petition the Department to readreview asthe follows:criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to this chapter.

1.

The Department shall develop and implement a process by which a person with a criminal history may petition the Department 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 this chapter.

- 80th Session (2019) – 48 – 3.

A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a licenselic5.seA fromperson may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

5.

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

- *AB319_R3* – 47 – (a) The requirements to obtain a license from the Department;

(a) The Central Repository for Nevada Records of Criminal History;

andandentral Repository for Nevada Records of Criminal (b) The Federal Bureau of Investigation.

- 80th Session (2019) – 49 – (c) The reasons for such determinations;

1.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 this chapter.

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 this chapter.

- *AB319_R3* – 48 – 3.

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.

or paying any fee required to obtain a license from the 5.

and - 80th Session (2019) – 50 – (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Division.

(a) The Central Repository for Nevada Records of Criminal History;His(b) The Federal Bureau of Investigation.

and (b) The Federal Bureau of Investigation.

and - *AB319_R3* – 49 – (d) Any other information that is requested by the Director or which the Division determines would be helpful.

Sec.thereto a new section to read as follows:amended by adding 1.

45.

Chapter 490 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

The Department is not bound by its - 80th Session (2019) – 51 – determination of disqualification or qualification and may rescind such a determination at any time.

A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license or temporary permit from the Department.

- *AB319_R3* – 50 – 8.

To the extent consistent with federal law, if the Department makes such a request of a person, the Departmenthistory shallrecord requirewhich theincludes persona toreport submitfrom:t his or her criminal history(a) recordThe whichCentral includesRepository afor reportNevada from:Records of Criminal History;

(a) The Central Repository for Nevada Records of Criminal History;

- 80th Session (2019) – 52 – (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

Sec.

46.

NRS 490.510 is hereby amended to read as follows:

The Department may impose an administrativeadministrativeows: fine, not to exceed $2,500, for a violation of any provision of NRS 490.0827, 490.125 and 490.150 to 490.520, inclusive, and section 45 of this act, or any rule, regulation or order adopted or issued pursuant thereto.

fine, not to exceed $2,500, for a violation of any provision of NRS 490.0827, 490.125 and 490.150 to 490.520, inclusive, and section of this act, or any rule, regulation or order adopted or issued pursuant thereto.

In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto by injunction or other appropriate remedy, and the - *AB319_R3* – 51 – Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

Chapter 502 of NRS is hereby amended by adding theretothe1.toThe Department shall develop and implement a newprocess sectionby which a person with a criminal history may petition the Department to readreview asthe follows:criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license to practice taxidermy pursuant to NRS 502.370.

1.

The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license to practice taxidermy pursuant to NRS 502.370.

- 80th Session (2019) – 53 – 3.

A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a licenselic5.seA fromperson may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

5.

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

To the extent consistent with federal law, if the Department makes such a request of a person, the - *AB319_R3* – 52 – Department 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;

andandentral Repository for Nevada Records of Criminal (b) The Federal Bureau of Investigation.

- 80th Session (2019) – 54 – (c) The reasons for such determinations;

1.which a person with a criminal history may petition thecess by Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a falconry license pursuant to NRS 503.583.

The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a falconry license pursuant to NRS 503.583.

- *AB319_R3* – 53 – 4.

A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a falconry license from the Department.

and - 80th Session (2019) – 55 – (b) A list of crimes, if any, that would disqualify a person from obtaining a falconry license from the Department.

(a) The Central Repository for Nevada Records of Criminal History;His(b) The Federal Bureau of Investigation.

and (b) The Federal Bureau of Investigation.

-thereto *AB319_R3*a –new 54section –to Sec.read as follows:amended by adding 1.

49.

Chapter 504 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

The Department is not bound by its determination of - 80th Session (2019) – 56 – disqualification or qualification and may rescind such a determination at any time.

A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Department.

To the extent consistent with federal law, if the Department makes such a request of a person, the Departmenthistory shallrecord requirewhich theincludes persona toreport submitfrom:t his or her criminal history(a) recordThe whichCentral includesRepository afor reportNevada from:Records of Criminal History;

- *AB319_R3* – 55 – (a) The Central Repository for Nevada Records of Criminal History;

- 80th Session (2019) – 57 – (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

Sec.thereto a new section to read as follows:amended by adding 1.

50.

Chapter 505 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

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 remediesrem4.ieA person with a criminal history may petition the determinationDepartment ofat disqualification.any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Department.

4.

A person with a criminal history may petition the Department at any time, including, without limitation, before - *AB319_R3* – 56 – obtaining any education or paying any fee required to obtain a license from the Department.

- 80th Session (2019) – 58 – (a) The requirements to obtain a license from the Department;

To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal historyhis(a) recordThe whichCentral includesRepository afor reportNevada from:Records of Criminal History;

(a) The Central Repository for Nevada Records of Criminal History;

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.

-quarterly, *AB319_R3*unless –otherwise 57directed –by the Sec.

The State Engineer is not bound by his - 80th Session (2019) – 59 – or her determination of disqualification or qualification and may rescind such a determination at any time.

A person with a criminal history may petition the State Engineer at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the State Engineer.

To the extent consistent with federal law, if the State Engineer makes such a request of a person,or theher Statecriminal Engineerhistory shallrecord requirewhich theincludes persona toreport submitfrom:t his or(a) herThe criminalCentral historyRepository recordfor whichNevada includesRecords aof reportCriminal from:History;

(a)and (b) The CentralFederal RepositoryBureau for Nevada Records of CriminalInvestigation. History;

and - *AB319_R3* – 58 – (b) The Federal Bureau of Investigation.

- 80th Session (2019) – 60 – (b) The number of determinations of disqualification made by the State Engineer pursuant to subsection 1;

534.190.

NRAny person violating any of the provisions of NRS 534.010 to 534.180, inclusive, and section 51 of this act shall be guilty of a misdemeanor.

52.

NRS 534.190 is hereby amended to read as follows:

534.190 Any person violating any of the provisions of NRS 534.010 to 534.180, inclusive, and section 51 of this act shall be guilty of a misdemeanor.

Sec.

The Director may provide instructions to a person who receives a determination of disqualification to remedy the 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.

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.

A person with a criminal history may petition the Director at any time, including, without limitation, before obtaining any - *AB319_R3* – 59 – education or paying any fee required to obtain a license and a permit from the Director.

The Director may waive such fees or - 80th Session (2019) – 61 – allow such fees to be covered by funds from a scholarship or grant.

The Director may request the criminal history record of a person who petitions the Director for a determination pursuant to subsectionDirector 1.makes such a request of a person, the Director shallhe require the person to submit his or her criminal history record which includes a report from:

To the extent consistent with federal law, if the Director makes such a request of a person, the Director shall require the person to submit his or her criminal history record which includes a report from:

(b) The number of determinations of disqualification made by theResources Directorpursuant ofto thesubsection State1;t Department of Conservation and Natural Resources(c) pursuantThe toreasons subsectionfor 1;such determinations;

(c) The reasons for such determinations;

- *AB319_R3* – 60 – 11.

- 80th Session (2019) – 62 – 1.

or (b) If the performance of weather modification and control activities is to be undertaken individually or jointly by a person or persons to be benefited and not undertaken pursuant to a contract, or the performance of weather modification and control activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year.

The Director may suspend or revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary for the issuance of a new license or permit.it appears that the licensee has violated any of the provisions off NRS 544.070 to 544.240, inclusive [.] , and section 53 of this act.

The Director may suspend or revoke any license or permit if it appears that the licensee has violated any of the provisions of NRS 544.070 to 544.240, inclusive [.] , and section 53 of this act.

The Director may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with - *AB319_R3* – 61 – any provisions of NRS 544.070 to 544.240, inclusive [.] , and section 53 of this act.

The Director may modify the terms of a permit after issuance thereof if the licensee is first given notice and a reasonable opportunity for a hearing respecting the grounds for the proposed modification and if it appears to the Director that it is necessary for - 80th Session (2019) – 63 – the protection of the health or the property of any person to make the modification proposed.

Chapter 555 of NRS is hereby amended by adding theretothe1.to The Director shall develop and implement a newprocess sectionby which a person with a criminal history may petition the Director to readreview the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license as follows:a government applicator pursuant to NRS 555.2772 or a business license or license as an applicator pursuant to NRS 555.290.

1.

The Director shall develop and implement a process by which a person with a criminal history may petition the Director to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license as a government applicator pursuant to NRS 555.2772 or a business license or license as an applicator pursuant to NRS 555.290.

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 remediesrem4.iesA person with a criminal history may petition the determinationDirector ofat disqualification.any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Director.

4.

A person with a criminal history may petition the Director at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Director.

The Director may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the - *AB319_R3* – 62 – provisions of this section.

- 80th Session (2019) – 64 – (a) The requirements to obtain a license from the Director;

To the extent consistent with federal law, if the Director makes such a request of a person, the Director shall require the person to submit his or her criminal history record whichwhi(a) includesThe aCentral reportRepository from:for Nevada Records of Criminal History;

(a) The Central Repository for Nevada Records of Criminal History;

and (d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the Director of the State DepartmentDep11. of Agriculture determines would be helpful.

11.

- *AB319_R3* – 63 – Sec.

555.273 All state agencies, municipal corporations and public utilities or any other governmental agency and any government applicator is subject to the provisions of NRS 555.2605 to 555.460, - 80th Session (2019) – 65 – inclusive, and section 57 of this act, and rules adopted thereunder concerning the application of restricted-use pesticides by any person.

The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any business license or license issued to an applicator or government applicator under NRS 555.2605 to 555.460, inclusive, and section 57 of this act if the Director finds that:tha(a) The licensee is no longer qualified;

(a) The licensee is no longer qualified;

(i) The licensee has aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460,555.460,unlicensed inclusive, and section 57 of this act, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed the license to be used by an unlicensed person;

(l) The licensee has been convicted of, or entered a plea of nolo contendere to, a category A or B felony or a category C, D or E - *AB319_R3* – 64 – felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 - 80th Session (2019) – 66 – years in any court of competent jurisdiction in the United States or any other country;

A business license and any license issued to a principal of the business as an applicator is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330 is cancelled,re-established.the and the licenses remain suspended until the insurance is re-established.3.

3.

555.460 Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, and section 57 of this act, or the regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine is imposed pursuant to this section, the costs of notthe moreproceeding, thanincluding $5,000investigative percosts violation.and attorney’s fees, may be recovered by the Department.

If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

- *AB319_R3*80th Session (2019) – 6567 – 2.

Sec.thereto a new section to read as follows:amended by adding 1.

63.

Chapter 557 of NRS is hereby amended by adding thereto a new section to read as follows:

1.

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 remediesrem4.iesA person with a criminal history may petition the determinationDepartment ofat disqualification.any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Department.

4.

A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Department.

- 80th Session (2019) – 68 – (a) The requirements to register with the Department;

and - *AB319_R3* – 66 – (b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Department.

(a) The Central Repository for Nevada Records of Criminal History;

andandentral Repository for Nevada Records of Criminal (b) The Federal Bureau of Investigation.

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.ComSec.

Sec.

The Department may refuse to issue or renew, suspend or revoke the registration of a grower, handler or producer - 80th Session (2019) – 69 – for a violation of any provision of NRS 557.100 to 557.290, inclusive, and section 63 of this act, the regulations adopted pursuant thereto or any lawful order of the Department.

- *AB319_R3* – 67 – 2.

3.must be deposited with the State Treasurer for credit to the State General Fund.

All fines collected by the Department pursuant to subsection 2 must be deposited with the State Treasurer for credit to the State General Fund.

The Department may provide instructions to a person who receives a determination of disqualification to remedy the 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.

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.

The Department may waive such fees or - 80th Session (2019) – 70 – allow such fees to be covered by funds from a scholarship or grant.

and - *AB319_R3* – 68 – (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Department.

The Department may request the criminal history record of a person who petitions the Department for a determination pursuantif the Department makes such a request of a person, the federal law, Department shall require the person to subsectionsubmit 1.his or her criminal history record which includes a report from:

To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

and (d) Any other information that is requested by the Director or whichwhi11. the Department determines would be helpful.

11.

- 80th Session (2019) – 71 – 2.

The State Sealer of Consumer Equitability is not bound by his or her determination of - *AB319_R3* – 69 – disqualification or qualification and may rescind such a determination at any time.

3.instructions to a person who receives a determination ofovide disqualification to remedy the determination of disqualification.

The State Sealer of Consumer Equitability may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification.

The State Sealer of Consumer Equitability may waive such fees or allow such fees to be7. covered by funds from a scholarship or grant.

7.coThe State Sealer of Consumer Equitability may post on its Internet website:

The State Sealer of Consumer Equitability may post on its Internet website:

To the extent consistent with federal law, if the State Sealer of Equitability makes such a request of a person, the State - 80th Session (2019) – 72 – Sealer of Equitability shall require the person to submit his or her criminal history record which includes a report from:

-before *AB319_R3*the –20th 70day –of 10.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:

The State Sealer of Consumer Equitability 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:

The State Sealer of Consumer Equitability shall develop and implement a process by which a person with a criminal history may petition the State Sealer of Consumer Equitability to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license as a public weighmaster pursuant to NRS 582.028.

- 80th Session (2019) – 73 – 3.

A person with a criminal history may petition the State Sealer of Consumer Equitability at any time, including, without limitation, before obtaining any education or paying any fee - *AB319_R3* – 71 – required to obtain a license from the State Sealer of Consumer Equitability.

The State Sealer of Consumer Equitability may request the criminal history record of a person who petitions the State Sealer of Consumer Equitability for a determination pursuant totoate Sealer subsection 1.

- 80th Session (2019) – 74 – 10.

(c)(d) TheAny reasonsother forinformation suchthat determinations;is requested by the Director or which the State Sealer of Consumer Equitability determines would be helpful.

and - *AB319_R3* – 72 – (d) Any other information that is requested by the Director or which the State Sealer of Consumer Equitability determines would be helpful.

The Director is not bound by his or her determination of disqualificationdetermination orat qualificationany time.ication and may rescind such a determination3. at any time.

3.

- 80th Session (2019) – 75 – 5.

(a)and(a) The requirements to obtain a license from the Director;

and (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Director.

- *AB319_R3* – 73 – 8.

The Director of the State Department of Agriculture 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:inc(a) The number of petitions submitted to the Director of the State Department of Agriculture pursuant to subsection 1;

(a) The number of petitions submitted to the Director of the State Department of Agriculture pursuant to subsection 1;

- 80th Session (2019) – 76 – Sec.

The Director shall develop and implement a process by which a person with a criminal history may petition the Director to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license or registration pursuant to this chapter.chapter.n from obtaining 2.

2.Not later than 90 days after a petition is submitted to the Director pursuant to subsection 1, the Director shall inform the person of the determination of the Director of whether the person’s criminal history will disqualify the person from obtaining a license or registration.

Not later than 90 days after a petition is submitted to the Director pursuant to subsection 1, the Director shall inform the person of the determination of the Director of whether the person’s criminal history will disqualify the person from obtaining - *AB319_R3* – 74 – a license or registration.

A person may submit a new petition to the Director not earlierpetition thansubmitted 2to years after the finalDirector.l determination of the initial petition6. submitted to the Director.

6.

The Director may request the criminal history record of a person who petitions the Director for a determination pursuant to - 80th Session (2019) – 77 – subsection 1.

A person who petitions the Director for a determination pursuant to subsection 1 shall not submit false or misleading informationinf10. to the Director.

10.

- *AB319_R3* – 75 – (b) The number of determinations of disqualification made by the Director of the State Department of Agriculture pursuant to subsection 1;

Chapter 599A of NRS is hereby amended by adding theretothe1.toThe board of county commissioners of any county and the governing body of an incorporated city shall develop and implement a newprocess sectionby 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 readreview asthe follows: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.

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.

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 - 80th Session (2019) – 78 – 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 may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification.

A person maymayto 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.

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 - *AB319_R3* – 76 – license from the board of county commissioners of any county and the governing body of an incorporated city.

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 withcommissioners of any county and the provisionsgoverning body of thisan section.incorporated city may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

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.

- 80th Session (2019) – 79 – 8.

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 historyhis(a) recordThe whichCentral includesRepository afor reportNevada from:Records of Criminal History;

(a) The Central Repository for Nevada Records of Criminal History;

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 - *AB319_R3* – 77 – the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

(c)(d) TheAny reasonsother forinformation suchthat determinations;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.

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.

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 - 80th Session (2019) – 80 – person’s criminal history will disqualify the person from obtaining a registration pursuant to NRS 599B.080.

3.receives a determination of disqualification to remedy thewho determination of disqualification.

The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification.

- *AB319_R3* – 78 – 6.

(a) The requirements to obtain a registration from the Division;Div(b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Division.

and (b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Division.

- 80th Session (2019) – 81 – 9.

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

disqualification made by (c) The reasons for such determinations;

- *AB319_R3* – 79 – 2.