Nevada 2021 Regular Session Status: Passed Assembly 6 D cosponsors

AB 382 — Revises provisions relating to student education loans. (BDR 55-116)

Last action — (No further action taken.)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1755 added · 1616 removed

Plain-language change summary

The amendments to Bill AB 382 clarify the responsibilities of the Nevada Commission on Postsecondary Education concerning the licensing and regulation of student loan servicers. Key changes include new sections that define specific requirements for obtaining a license and outline penalties for non-compliance. This matters because it aims to ensure better oversight and accountability of student loan servicers, providing protections for borrowers and their cosigners, especially in circumstances like total disability.

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REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT (§§ 16, 20, 21, 37, 37.5, 48.5) (Reprinted with amendments adopted on May 27, 2021) SECOND REPRINT A.B.
REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT (§§ 16, 20, 21, 37, 37.5, 48.5) (Reprinted with amendments adopted on April 20, 2021) FIRST REPRINT A.B.
B ILBRAY - A XELROD , MARTINEZ , ETERS AND TORRES M ARCH 23, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to student education loans.
B ILBRAY - A XELROD , MARTINEZ , PETERS AND TORRES M ARCH 23, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to student education loans.
requiring the Commission on Postsecondary Education to adopt certain standards concerning postsecondary vocational institutions;
prohibiting the Commission from delegating certain duties;
(Chapter to the Nevada Revised Statutes to provide for the licensing and regulation ofapter student loan servicers by the Commissioner as well as the regulation of private education loans and private education lenders.
(Chapter 604A of NRS, titles 55 and 56 of NRS) Sections 2-47 of this bill add a new chapter to the Nevada Revised Statutes to provide for the licensing and regulation of education loans and private education lenders.
Sections 3-13 of this bill define terms used in the new chapter.
Sections 3-13 of this bill define - *AB382_R1* – 2 – pursuant to the new chapter to be accounted for separately and used for theeceived regulation of student loan servicers.
Section 14 of this bill provides for money received pursuant to the new chapter to be accounted for separately and used for the regulation of student loan servicers.
In particular, - *AB382_R2* – 2 – without obtaining a license from the Commissioner to do so, and also sets forth the persons exempted from this licensure requirement.
In particular, section 15 of this bill prohibits a person from acting as a student loan servicer without obtaining a license from the Commissioner to do so, and also sets forth the persons exempted from this licensure requirement.
Section 16 of this bill sets forth various requirements for applying for a license, including, without limitation, the payment of a license fee and an investigation fee and the submission of a surety bond.
Section 16 of this bill sets forth various requirements for applying for a license, including, without limitation, the payment of a license fee and an investigation fee and the submission of a surety 20 of this bill requires the Commissioner to issue a license to persons who engageon in student loan servicing in this State only pursuant to certain contracts with the federal government without requiring those persons to comply with the standard requirements for the issuance of a license.
Section 42 of this bill provides that all fees paid are nonrefundable.
Section 20 of this bill:
Section 20 of this bill requires the Commissioner to issue a license to persons who engage in student loan servicing in this State only pursuant to certain contracts with the federal government without requiring those persons to comply with the standard persons who are issued such a license to comply with other relevant provisions of law;
(1) requires persons who are issued such a license to comply with other relevant provisions of law;
Sections 22-24 and 26-30 of this bill set forth requirements governing the business practices and other actions of student loan servicers.
business practices and other actions of student loan servicers.
Section 23 of this bill sets forth payment to the Commissioner which is returned or otherwise dishonored.
Section 23 of this bill sets forth requirements applicable to a person who provides a check or other method of payment to the Commissioner which is returned or otherwise dishonored.
Sections 26 and 28 of this bill set forth requirements concerning business names, business locations and recordkeeping relating to student loan servicers and student education loans.
Sections 26 and 28 of this bill set forth requirements concerning business names, business locations and recordkeeping relating to student loan loan servicer from engaging in specified conduct, including, without limitation,nt engaging in unfair or deceptive practices, knowingly misapplying payments, negligently making certain false statements or knowingly and willfully making certain omissions of material facts.
Section 29 of this bill prohibits a student loan servicer from engaging in specified conduct, including, without limitation, engaging in unfair or deceptive practices, knowingly misapplying payments, negligently making certain false statements or knowingly and willfully making Loan Ombudsman in the Office of the State Treasurer or any member of the publicdent to file a complaint with the Division of Financial Institutions of the Department of Business and Industry concerning the actions of a student loan servicer.
Section 30 of this bill authorizes the Student Loan Ombudsman in the Office of the State Treasurer or any member of the public to file a complaint with the Division of Financial Institutions of the Department of Business and Industry concerning the actions of a student loan servicer.
Sections 31-36.5 of this bill establish provisions for a particular type of student loan, the private education loan, and for private education loan borrowers and private education lenders.
Sections 31-36.5 of this bill establish provisions for a particular type of student loan, the private education loan, and for private education loan borrowers and certain protections for cosigners of private education loans.
In particular, sections 31 and 32 of this bill establish certain protections for cosigners of private education loans.
Section 32 alsoablish prohibits a private education lender from accelerating repayment of a private education loan except in cases of a default in payment.
Section 32 also prohibits a private education lender from accelerating repayment of a private education loan except in cases of a default in payment.
Section 33 of this bill establishes the rights and duties of private education lenders in cases of the total and permanent disability of a private education loan borrower or his or her cosigner.
Section 33 of this bill and permanent disability of a private education loan borrower or his or herthe total cosigner.
Sections 37-40 of this bill:
investigations and examinations relating to student loan servicers and student education loans;
(1) authorize the Commissioner to conduct investigations and examinations relating to student loan servicers and student education loans;
(3) require licensees to pay for such investigations and specialists, enter into certain agreements and use certain resources for the purposes of investigations and examinations;
(3) require licensees to pay for such investigations and examinations;
(5) describe the scope of the authority of the Commissioner with regard to investigations and examinations;
(4) authorize the Commissioner to retain certain professionals and specialists, enter into certain agreements and use certain resources for the - *AB382_R1* – 3 – of the Commissioner with regard to investigations and examinations;
and (6) prohibit a student loan servicer or other person under examination or investigation from knowingly withholding or otherwise preventing access to information relating - *AB382_R2* – 3 – pay assessments established by the Commissioner to cover the costs of certainions to independent audits and examinations, legal services provided by the Attorney General to the Commissioner and Division of Financial Institutions and supervision and examinations by the Commissioner or Division.
and (6)authority prohibit a student loan servicer or other person under examination or investigation from knowingly withholding or otherwise preventing access to information relating to the examination or investigExisting law requires financial institutions to pay assessments established by the Commissioner to cover the costs of certain independent audits and examinations, legal services provided by the Attorney General to the Commissioner and Division of Financial Institutions and supervision and examinations by the Commissioner or Division.
(NRS 658.055, 658.098, 658.101) Sections 37.5 and 48.5 of this bill require a licensed student loan servicer to pay those assessments.
(NRS 658.055, 658.098, to pay those assessments.d 48.5 of this bill require a licensed student loan servicer Section 41 of this bill sets forth grounds upon which the Commissioner may deny an application for a license or suspend, revoke or refuse to renew a license.
Section 41 of this bill sets forth grounds upon which the Commissioner may deny an application for a license or suspend, revoke or refuse to renew a license.
Section 43 of this bill requires a student loan servicer to comply with certain federal laws and regulations, and deems a violation of those federal laws or regulations to be a violation of Nevada law upon which the Commissioner may act.
federal laws and regulations, and deems a violation of those federal laws orain regulations to be a violation of Nevada law upon which the Commissioner may act.
Section 45.5 of this bill provides that any books, records or other information obtained by the Division in connection with an application, complaint, audit, investigation or examination are confidential.
Section 45.5 of this bill provides that any books, records or other information obtained by the Division in connection Section 50.5 of this bill makes a conforming change.
Section 50.5 of this bill makes a conforming change.
Section 47 of this billidential.
Section 47 of this bill requires the Commissioner to adopt regulations for the new chapter.
requires the Commissioner to adopt regulations for the new chapter.
Section 48 of this bill makes a conforming change to indicate the proper placement of the new chaExisting law establishes the duties of the Student Loan Ombudsman designated by the State Treasurer.
Section 48 of this bill makes a conforming change to indicate the proper placement of the new chapter in Nevada Revised Statutes.
Existing law establishes the duties of the Student Loan Ombudsman designated by the State Treasurer.
Section 50 of this bill makes a conforming change to indicate the placement of section 49 in Nevada Revised Statutes.
Section 50 of this bill makes a conforming change to indicate theUnder existing law, the Commission on Postsecondary Education within the Employment Security Division of the Department of Employment, Training and Rehabilitation licenses and regulates postsecondary educational institutions that are operated by private persons or entities in this State and their agents.
Section 53 of this bill prohibits postsecondary educational institutions from refusing to provide transcripts to current or former students on the grounds that the student owes a debt to the institution and imposes certain limitations on the services requirements on postsecondary educational institutions with respect to presentation of accurate information about the institution.
(NRS 394.383- 394.560) In particular, existing law vests the Commission with exclusive authority to license postsecondary educational institutions.
Section 54 also requires postsecondary educational institutions to timely notify the Commission on Postsecondary Education within the Employment Security Division of the Department of Employment, Training and Rehabilitation if the institution becomes subject to an investigation by any other oversight entity.
(NRS 394.415) Section 62 of this bill prohibits the Commission from delegating to another state its authority to oversee and enforce compliance with the laws applicable to postsecondary educational institutions located in this State even if the institution is authorized by, educational institutions from refusing to provide transcripts to current or former students on the grounds that the student owes a debt to the institution and imposes certain limitations on the services that may be withheld from such students.
Section 55 of this bill prohibits postsecondary educational institutions, and their agents, from engaging in certain practices in its efforts to recruit students.
Section 54 of this bill imposes certain requirements on postsecondary educational institutions with respect to presentation of accurate information about the institution.
Sections 52, 58 and 59 of this bill establish additional requirements on postsecondary educational institutions that as postsecondary vocational institutions.
Section 54 also requires postsecondary educational institutions to timely notify the Commission if it becomes subject to an investigation by any other oversight entity.
Section 58 of this bill prohibitsitutions postsecondary vocational institutions from engaging in certain unfair business practices and provides that each violation of those prohibitions is subject to a civil penalty.
Section 55 of this bill prohibits postsecondary educational institutions, and their agents, from engaging in certain practices in its efforts to requirements on postsecondary educational institutions that primarily offer vocational education services.
Section 59 of this bill provides that the rights, remedies and penalties established for violations of the provisions concerning postsecondary educational institutions are subject to any other rights, remedies or penalties that may exist at law or in equity.
Section 52 defines such institutions as postsecondary vocational institutions, and section 56 of this bill requires the Commission to establish certain minimum standards for private postsecondary vocational institutions that are in addition to those applicable to all postsecondary educational - *AB382_R1* – 4 – institutions.
Sections 60, 61, 63 and 64 of this bill make conforming changes.
Section 57 of this bill authorizes and directs the Commission’s actions if it determines that a postsecondary vocational institution or one of its programs is vocational institutions from engaging in certain unfair business practices anddary provides that each violation of those prohibitions is subject to a civil penalty.
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- *AB382_R2* – 4 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 59 of this bill provides that the rights, remedies and penalties established for violations of the provisions concerning postsecondary educational institutions are subject to any other rights, remedies or penalties that may exist at law or in equSections 60, 61, 63 and 64 of this bill make conforming changes.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
The term includes any person whose on collection.equested as a condition to grant credit or to forbear 2.
The term includes any person whose signature is requested as a condition to grant credit or to forbear on collection.
- *AB382_R1* – 5 – 2.
- *AB382_R2* – 5 – (a) Federally chartered bank, savings bank, savings and loan association or credit union;
(a) Federally chartered bank, savings bank, savings and loan association or credit union;
and 2.
and - *AB382_R1* – 6 – 2.
Receiving any scheduled periodic payments from a student loan borrower pursuant to the terms of a student education loan or any notification that a student loan borrower made such a scheduled periodic payment and applying the payments to the - *AB382_R2* – 6 – account of a student loan borrower, as may be required pursuant to the terms of a student education loan or a contract governing the servicing of a student education loan;
Receiving any scheduled periodic payments from a student loan borrower pursuant to the terms of a student education loan or any notification that a student loan borrower made such a scheduled periodic payment and applying the payments to the account of a student loan borrower, as may be required pursuant to the terms of a student education loan or a contract governing the servicing of a student education loan;
(a) Any bank, savings and loan association, savings bank, thrift company or credit union, whether chartered by this State, another state or the Federal Government.
- *AB382_R1* – 7 – (a) Any bank, savings and loan association, savings bank, thrift company or credit union, whether chartered by this State, another state or the Federal Government.
A financial statement prepared by a certified public accountant or a public accountant, the accuracy of which is sworn - *AB382_R2* – 7 – to under oath before a notary public by the proprietor, a general partner or a corporate officer or a member authorized to execute such documents;
A financial statement prepared by a certified public accountant or a public accountant, the accuracy of which is sworn to under oath before a notary public by the proprietor, a general partner or a corporate officer or a member authorized to execute such documents;
(a) A natural person who applies for the issuance or renewal of a license as a student loan servicer or, if the applicant is not a natural person, each control person of the applicant, shall include the social security number of the applicant or control person, as applicable, in the application submitted to the Commissioner.
- *AB382_R1* – 8 – (a) A natural person who applies for the issuance or renewal of a license as a student loan servicer or, if the applicant is not a natural person, each control person of the applicant, shall include the social security number of the applicant or control person, as applicable, in the application submitted to the Commissioner.
- *AB382_R2* – 8 – (a) The application or any other forms that must be submitted for the issuance or renewal of the license;
(a) The application or any other forms that must be submitted for the issuance or renewal of the license;
If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to an applicant or control person, the Commissioner shall deem that license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to an applicant or control person, the Commissioner shall deem that license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with - *AB382_R1* – 9 – the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
In addition to any other requirements set forth in this chapter, a natural person who applies for the issuance or renewal of a license as a student loan servicer or, if the applicant - *AB382_R2* – 9 – is not a natural person, each control person of the applicant, shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.
In addition to any other requirements set forth in this chapter, a natural person who applies for the issuance or renewal of a license as a student loan servicer or, if the applicant is not a natural person, each control person of the applicant, shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.
If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to an applicant or control person, the Commissioner shall deem that license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates - *AB382_R1* – 10 – and permits issued to an applicant or control person, the Commissioner shall deem that license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
The Commissioner shall reinstate a license as a student loan servicer that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the applicant or a control person of the applicant stating that - *AB382_R2* – 10 – the applicant or control person, as applicable, has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
The Commissioner shall reinstate a license as a student loan servicer that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the applicant or a control person of the applicant stating that the applicant or control person, as applicable, has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
4.
- *AB382_R1* – 11 – 4.
A person seeking to act as a student loan servicer is exempt from the application procedures described in subsections 1 to 4, inclusive, of section 16 of this act upon a - *AB382_R2* – 11 – determination by the Commissioner that the person’s student loan servicing performed in this State is conducted pursuant to a contract awarded by the United States Secretary of Education pursuant to 20 U.S.C.
A person seeking to act as a student loan servicer is exempt from the application procedures described in subsections 1 to 4, inclusive, of section 16 of this act upon a determination by the Commissioner that the person’s student loan servicing performed in this State is conducted pursuant to a contract awarded by the United States Secretary of Education pursuant to 20 U.S.C.
5.
- *AB382_R1* – 12 – 5.
Any renewal application filed with the Commissioner - *AB382_R2* – 12 – after November 1 must be accompanied by a late fee of $100 and, if so, such a filing also shall be deemed to be timely filed.
Any renewal application filed with the Commissioner after November 1 must be accompanied by a late fee of $100 and, if so, such a filing also shall be deemed to be timely filed.
3.
- *AB382_R1* – 13 – 3.
The - *AB382_R2* – 13 – Commissioner must give the licensee reasonable advance notice of this automatic action and an opportunity for a hearing.
The Commissioner must give the licensee reasonable advance notice of this automatic action and an opportunity for a hearing.
Sec.
- *AB382_R1* – 14 – Sec.
A student loan borrower’s instruction on how to apply an overpayment to a student education loan must stay in effect for any future overpayments during the term of the student education loan unless - *AB382_R2* – 14 – the student loan borrower provides different instructions.
A student loan borrower’s instruction on how to apply an overpayment to a student education loan must stay in effect for any future overpayments during the term of the student education loan unless the student loan borrower provides different instructions.
(a) As a condition of a sale, an assignment or any other transfer of the servicing of a student education loan, require the new student loan servicer to honor all benefits originally represented as available to the student loan borrower during the repayment of the student education loan and preserve the availability of those benefits, including, without limitation, any benefits for which the student loan borrower has not yet qualified;
(a) As a condition of a sale, an assignment or any other transfer of the servicing of a student education loan, require the new student loan servicer to honor all benefits originally represented as available to the student loan borrower during the repayment of the student education loan and preserve the - *AB382_R1* – 15 – availability of those benefits, including, without limitation, any benefits for which the student loan borrower has not yet qualified;
A student loan servicer who obtains the right to service a student education loan shall adopt policies and procedures to verify that the student loan servicer has received all information regarding the student loan borrower, the account of the student loan borrower and the student education loan of the student loan - *AB382_R2* – 15 – borrower including, without limitation, the repayment status of the student loan borrower and any benefits associated with the student education loan of the student loan borrower.
A student loan servicer who obtains the right to service a student education loan shall adopt policies and procedures to verify that the student loan servicer has received all information regarding the student loan borrower, the account of the student loan borrower and the student education loan of the student loan borrower including, without limitation, the repayment status of the student loan borrower and any benefits associated with the student education loan of the student loan borrower.
Engage in any unfair or deceptive practice toward any person or misrepresent or omit any material information in connection with the servicing of a student education loan, including, without limitation, misrepresenting the amount, nature or terms of any fee or payment due or claimed to be due on a student education loan, the terms and conditions of the loan agreement or the student loan borrower’s obligations under the loan.
Engage in any unfair or deceptive practice toward any person or misrepresent or omit any material information in connection with the servicing of a student education loan, - *AB382_R1* – 16 – including, without limitation, misrepresenting the amount, nature or terms of any fee or payment due or claimed to be due on a student education loan, the terms and conditions of the loan agreement or the student loan borrower’s obligations under the loan.
- *AB382_R2* – 16 – (a) Provides a written authorization signed by the student loan borrower;
(a) Provides a written authorization signed by the student loan borrower;
(1) A lack of understanding on the part of a student loan borrower of the material risks, costs or conditions of the student loan;
- *AB382_R1* – 17 – (1) A lack of understanding on the part of a student loan borrower of the material risks, costs or conditions of the student loan;
- *AB382_R2* – 17 – Sec.
Sec.
If the private education loan borrower has met the applicable payment requirements to be eligible for cosigner release, the private education lender shall send the private education loan borrower and the cosigner a written notification by mail and by electronic mail, if the private education loan borrower or cosigner has elected to receive electronic communications from the private education lender, informing the private education loan borrower and cosigner that the payment requirement to be eligible for cosigner release have been met.
If the private education loan borrower has met the applicable payment requirements to be eligible for cosigner release, the private education lender shall send the private education loan borrower and the cosigner a written notification by - *AB382_R1* – 18 – mail and by electronic mail, if the private education loan borrower or cosigner has elected to receive electronic communications from the private education lender, informing the private education loan borrower and cosigner that the payment requirement to be eligible for cosigner release have been met.
Within 30 days after a private education loan borrower submits a completed application for cosigner release, the private education lender shall send the private education loan borrower - *AB382_R2* – 18 – and cosigner a written notice that informs the private education loan borrower and cosigner whether the cosigner release application has been approved or denied.
Within 30 days after a private education loan borrower submits a completed application for cosigner release, the private education lender shall send the private education loan borrower and cosigner a written notice that informs the private education loan borrower and cosigner whether the cosigner release application has been approved or denied.
For the purposes of this subsection, “negative consequences” includes, without limitation, the imposition of additional eligibility criteria, negative credit reporting, lost eligibility for cosigner release, late fees, interest capitalization or other financial injury.
For the purposes of this subsection, “negative consequences” includes, without - *AB382_R1* – 19 – limitation, the imposition of additional eligibility criteria, negative credit reporting, lost eligibility for cosigner release, late fees, interest capitalization or other financial injury.
If a private education loan borrower or cosigner requests a change in terms that restarts the count of consecutive, on-time payments required for cosigner release, the private education lender shall notify the private education loan borrower and cosigner in writing of the impact of the change and provide the - *AB382_R2* – 19 – private education loan borrower or cosigner the right to withdraw or reverse the request to avoid that impact.
If a private education loan borrower or cosigner requests a change in terms that restarts the count of consecutive, on-time payments required for cosigner release, the private education lender shall notify the private education loan borrower and cosigner in writing of the impact of the change and provide the private education loan borrower or cosigner the right to withdraw or reverse the request to avoid that impact.
Sec.
- *AB382_R1* – 20 – Sec.
- *AB382_R2* – 20 – (b) Upon receiving notification of the death or bankruptcy of a cosigner, when the private education loan is not more than 60 days delinquent at the time of the notification, the private education lender shall not change any terms or benefits under the promissory note, repayment schedule, repayment terms or monthly payment amount or any other provision associated with the loan.
(b) Upon receiving notification of the death or bankruptcy of a cosigner, when the private education loan is not more than 60 days delinquent at the time of the notification, the private education lender shall not change any terms or benefits under the promissory note, repayment schedule, repayment terms or monthly payment amount or any other provision associated with the loan.
A private education lender that extends a private education loan shall provide the private education loan borrower an option to designate an individual to have the legal authority to act on behalf of the private education loan borrower with respect to the loan in the event of the total and permanent disability of the private education loan borrower.
A private education lender that extends a private education loan shall provide the private education loan borrower an option to designate an individual to have the legal authority to act on behalf of the private education loan borrower with respect to the - *AB382_R1* – 21 – loan in the event of the total and permanent disability of the private education loan borrower.
- *AB382_R2* – 21 – (1) Attempt to collect on the outstanding liability of the private education loan borrower or cosigner;
(1) Attempt to collect on the outstanding liability of the private education loan borrower or cosigner;
(a) Provide on its Internet website a description of any flexible repayment options offered by the private education lender for private education loans;
- *AB382_R1* – 22 – (a) Provide on its Internet website a description of any flexible repayment options offered by the private education lender for private education loans;
and - *AB382_R2* – 22 – (d) Annually issue a letter to the private education loan borrower and cosigner that sets forth, without limitation:
and (d) Annually issue a letter to the private education loan borrower and cosigner that sets forth, without limitation:
1.
- *AB382_R1* – 23 – 1.
Sections 31 to 36.5, inclusive, of this act do not exempt a private education lender from complying with any requirement to obtain a license imposed by any other specific statute, including, without limitation, the provisions of chapter 675 of NRS.
Sections 31 to 36.5, inclusive, of this bill do not exempt a private education lender from complying with any requirement to obtain a license imposed by any other specific statute, including, without limitation, the provisions of chapter 675 of NRS.
- *AB382_R2* – 23 – 1.
1.
In making any examination or investigation authorized by this section, the Commissioner may control access to any documents and records of a student loan servicer or other person under examination or investigation.
In making any examination or investigation authorized by this section, the Commissioner may control access to any - *AB382_R1* – 24 – documents and records of a student loan servicer or other person under examination or investigation.
- *AB382_R2* – 24 – 4.
4.
Enter into agreements or relationships with other governmental officials or regulatory associations to improve efficiency and reduce any regulatory burden by sharing resources, standardizing or making uniform any applicable methods or procedures and sharing documents, records, information or evidence obtained pursuant to this chapter;
Enter into agreements or relationships with other governmental officials or regulatory associations to improve efficiency and reduce any regulatory burden by sharing resources, standardizing or making uniform any applicable methods or - *AB382_R1* – 25 – procedures and sharing documents, records, information or evidence obtained pursuant to this chapter;
- *AB382_R2* – 25 – Sec.
Sec.
All fees paid pursuant to this chapter are nonrefundable, including, without limitation, if a license is surrendered, revoked or suspended before the expiration of the period for which it was issued.
All fees paid pursuant to this chapter are nonrefundable, including, without limitation, if a license is - *AB382_R1* – 26 – surrendered, revoked or suspended before the expiration of the period for which it was issued.
- *AB382_R2* – 26 – (b) An order enjoining the methods, acts or practices;
(b) An order enjoining the methods, acts or practices;
In addition to any other remedies provided by this section or otherwise provided by law, whenever it is proven by a preponderance of the evidence in a civil action that a person or entity that makes a student education loan, including, without limitation, a private education lender, has filed information required pursuant to this chapter that is false, the court shall award treble damages to the student loan borrower, including, without limitation, a private education loan borrower, but in no case may the total award of damages in action be less than $1,500.
In addition to any other remedies provided by this section or otherwise provided by law, whenever it is proven by a - *AB382_R1* – 27 – preponderance of the evidence in a civil action that a person or entity that makes a student education loan, including, without limitation, a private education lender, has filed information required pursuant to this chapter that is false, the court shall award treble damages to the student loan borrower, including, without limitation, a private education loan borrower, but in no case may the total award of damages in action be less than $1,500.
- *AB382_R2* – 27 – 1.
1.
(c) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;
- *AB382_R1* – 28 – (c) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;
- *AB382_R2* – 28 – 2.
2.
Sec.
- *AB382_R1* – 29 – Sec.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, - *AB382_R2* – 29 – 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, - *AB382_R2* – 30 – 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, section 45.5 of this act, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, - *AB382_R1* – 30 – 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, section 45.5 of this act, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, - *AB382_R1* – 31 – 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
- *AB382_R2* – 31 – 3.
3.
5.
- *AB382_R1* – 32 – 5.
- *AB382_R2* – 32 – (a) Refuse to provide a transcript for a current or former student on the grounds that the student owes a debt;
(a) Refuse to provide a transcript for a current or former student on the grounds that the student owes a debt;
(b) The services otherwise withheld may be provided during a period when the facts are in dispute or when the student or former student demonstrates to the governing board of the postsecondary educational institution and the appropriate entity or its designee, that reasonable progress has been made to repay the loan or that there exists a reasonable justification for the delay as determined by the postsecondary educational institution.
(b) The services otherwise withheld may be provided during a period when the facts are in dispute or when the student or former student demonstrates to the governing board of the postsecondary educational institution or Commission and the appropriate entity or its designee, that reasonable progress has been made to repay the loan or that there exists a reasonable justification for the delay as determined by the postsecondary educational institution.
(1) The provision of grades;
- *AB382_R1* – 33 – (1) The provision of grades;
Any postsecondary educational institution making a transfer of these records shall notify the student of the student’s right to receive a - *AB382_R2* – 33 – copy of the record and the student’s right to a hearing to challenge the content of the record.
Any postsecondary educational institution making a transfer of these records shall notify the student of the student’s right to receive a copy of the record and the student’s right to a hearing to challenge the content of the record.
The Commission may adopt regulations concerning the transfer of the records described in subsection 4 to, from or between postsecondary educational institutions licensed to operate in this State.
6.
6.
7.
Present data about its completion rates, employment rates, loan or indebtedness metrics or its graduates’ median hourly or annual earnings that is consistent with any applicable data published by the Commission or the United States Department of Education.
Present data about its completion rates, employment rates, loan or indebtedness metrics or its graduates’ median hourly or - *AB382_R1* – 34 – annual earnings that is consistent with any applicable data published by the Commission or the United States Department of Education.
- *AB382_R2* – 34 – 1.
1.
The prohibition in this subsection applies to any postsecondary educational institution authorized to operate by the Commission, and any agent of the postsecondary educational institution, that has not less than 150 students enrolled in this State in any given year, or that has been operating in the State for less than 2 consecutive years.
The prohibition in this subsection applies to any postsecondary educational institution authorized to operate by the Commission, - *AB382_R1* – 35 – and any agent of the postsecondary educational institution, that has not less than 150 students enrolled in this State in any given year, or that has been operating in the State for less than 2 consecutive years.
(Deleted by amendment.) Sec.
1.
In addition to the minimum standards for postsecondary educational institutions required pursuant to NRS 394.251, the Commission shall establish minimum standards for applicants for a license to operate a private postsecondary vocational institution, or for an agent’s permit.
The minimum standards must require a private postsecondary vocational institution to:
(a) Disclose to the Commission information about its ownership and financial position and to demonstrate that the private postsecondary vocational institution is financially viable and responsible and that it has sufficient financial resources to fulfill its commitments to students.
Financial disclosures provided to the Commission shall not be subject to public disclosure.
(b) Follow the most stringent applicable cancellation and refund policy, as specified by the Commission.
(c) Disclose to students through use of a school catalog, Internet website, brochure or other written material necessary information so that students may make informed enrollment decisions.
The Commission shall specify what data and information are required to be discussed pursuant to this paragraph.
To the extent that these Internet websites or materials present any data on the completion rates, employment rates, loan or indebtedness metrics and its graduates’ median hourly and annual earnings for the private postsecondary vocational institution or its programs, the posted data must be consistent with any applicable data published by the Commission or United States Department of Education.
(d) Use an enrollment contract or agreement that includes, without limitation:
(1) The cancellation and refund policy of the private postsecondary educational institution.
(2) A brief statement that the private postsecondary educational institution is licensed pursuant to this chapter and that inquiries, concerns or complaints may be made to the Commission.
- *AB382_R1* – 36 – (3) Other necessary information as determined by the Commission.
(e) Describe accurately and completely in writing to students before their enrollment the prerequisites and requirements for:
(1) Successful completion of the programs of study in which they are interested.
(2) Qualifying for the fields of employment for which their education is designed.
(f) Discuss with each prospective student the prospective student’s obligations in signing any enrollment contract or incurring any debt for educational purposes.
If applicable, the discussion shall include the inadvisability of acquiring an excessive educational debt burden that will be difficult to repay given the employment opportunities and average starting salaries in the prospective student’s chosen field of employment.
(g) Ensure that any enrollment contract between the private postsecondary vocational institution and a student has an attachment in a format provided by the Commission.
The attachment must be signed by both the private postsecondary educational institution and the student.
The attachment must stipulate, without limitation, that:
(1) The private postsecondary educational institution has complied with paragraph (f).
(2) The student understands and accepts his or her responsibilities in signing any enrollment contract or debt application.
(3) The enrollment contract is not binding for at least 5 business days immediately following the signature of the enrollment contract by both parties.
2.
A private postsecondary vocational institution that has not less than 150 students enrolled in this State during any given year, has been operating in this State for less than 2 consecutive years or has not had at least one of its programs recognized by the Commission as an eligible training provider for at least 2 consecutive years may not engage in any practice regarding the sale of, or inducing students to obtain, specific consumer student loan products to fund education that provide a financial benefit to any person or entity that has an ownership interest in the private postsecondary educational institution, unless the postsecondary educational institution can demonstrate to the Commission that the student has exhausted all federal aid options and has been denied noninstitutional private commercial loan products.
As used in this subsection, “financial benefit” does not include merely having an interest in students with loans enrolling in the private - *AB382_R1* – 37 – postsecondary vocational institution or assisting students with financial aid matters.
3.
The Commission may deny a private postsecondary vocational institution’s application for licensure if the private postsecondary vocational institution fails to meet the requirements in this section.
Sec.
(Deleted by amendment.) Sec.
1.
The Commission may determine that a licensed postsecondary vocational institution or a particular program of a postsecondary vocational institution is at risk of closure or termination if:
(a) There is a pattern or history of substantiated student complaints filed with the Commission;
or (b) The postsecondary vocational institution fails to meet minimum licensing requirements established by the Commission or has a pattern or history of failing to meet the minimum licensing requirements.
2.
If the Commission determines that a postsecondary vocational institution or a particular program is at risk of closure or termination, the Commission shall require the postsecondary vocational institution to take corrective action.
Sec.
(c) Advertising in the “help wanted” section of a newspaper or otherwise represent falsely, directly or by implication, that the postsecondary vocational institution is an employment agency, is - *AB382_R2* – 35 – making an offer of employment or otherwise is attempting to conceal the fact that what is being represented are course offerings of a postsecondary vocational institution;
(c) Advertising in the “help wanted” section of a newspaper or otherwise represent falsely, directly or by implication, that the postsecondary vocational institution is an employment agency, is making an offer of employment or otherwise is attempting to conceal the fact that what is being represented are course offerings of a postsecondary vocational institution;
(f) Representing falsely, directly or by implication, in advertising or in any other manner the postsecondary vocational institution’s size, location, facilities, equipment, faculty qualifications, number of faculty or the extent or nature of any approval received from an accrediting association;
- *AB382_R1* – 38 – (f) Representing falsely, directly or by implication, in advertising or in any other manner the postsecondary vocational institution’s size, location, facilities, equipment, faculty qualifications, number of faculty or the extent or nature of any approval received from an accrediting association;
- *AB382_R2* – 36 – (j) Designating or referring to a sales or admissions representative as a “counselor,” an “advisor” or a similar term that may have the tendency to mislead or deceive a prospective student or the public regarding the authority or qualifications of the sales representative;
(j) Designating or referring to a sales or admissions representative as a “counselor,” an “advisor” or a similar term that may have the tendency to mislead or deceive a prospective student or the public regarding the authority or qualifications of the sales representative;
(l) Engaging in methods of advertising, sales, collection, credit or other business practices that are false, deceptive, misleading or unfair, as determined by the Commission;
- *AB382_R1* – 39 – (l) Engaging in methods of advertising, sales, collection, credit or other business practices that are false, deceptive, misleading or unfair, as determined by the Commission;
- *AB382_R2* – 37 – Sec.
Sec.
[1.] (a) Is not licensed as a postsecondary educational institution in this state by a federal or another state agency;
- *AB382_R1* – 40 – [1.] (a) Is not licensed as a postsecondary educational institution in this state by a federal or another state agency;
(Deleted by amendment.) Sec.
NRS 394.415 is hereby amended to read as follows:
394.415 1.
Except as otherwise provided in NRS 397.060, the Commission is the sole authority for licensing a postsecondary educational institution.
Any person who operates or claims to operate such an institution must be licensed by the Commission.
The Administrator may require any person who operates or claims to operate such an institution to furnish information which will allow the Commission to determine whether a license is required.
2.
The Commission shall not delegate to any other state its authority to oversee and enforce compliance with this chapter or its authority to respond to complaints made by students in this State, regardless of whether the postsecondary educational institution is authorized by, or has its home in, another state.
Participation in interstate reciprocity agreements consistent with the purposes of this section does not delegate authority for compliance with this section or authority to respond to student complaints.
- *AB382_R1* – 41 – Sec.
- *AB382_R2* – 38 – Sec.
Sec.
or (b) Are in arrears in the payment for the support of one or more children, are repealed by the Congress of the United States.
or - *AB382_R1* – 42 – (b) Are in arrears in the payment for the support of one or more children, are repealed by the Congress of the United States.
H - *AB382_R2*
H - *AB382_R1*
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Amendments

3 amendments

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Action History

  1. (No further action taken.)

  2. From printer. To reengrossment. Reengrossed. Third reprint.

  3. Taken from General File. Placed on Chief Clerk's desk. Taken from Chief Clerk's desk. Placed on General File. Read third time. Amended. (Amend. No. 808.) Dispensed with reprinting. Read third time. Lost. (Yeas: 27, Nays: 15.) To printer.

  4. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 802.) To printer. From printer. To reengrossment. Reengrossed. Second reprint.

  5. From printer. To engrossment. Engrossed. First reprint. To committee.

  6. Read third time. Amended. (Amend. No. 367.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time.

  8. Notice of eligibility for exemption.

  9. From printer. To committee.

  10. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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5 sponsors · 4 co-sponsors · 58 not signed on

Sponsors (5)

Co-sponsors (4)

Not signed on (58)

58 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

finance education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 382?
AB 382 is sponsored by Watts, Howard (Democratic), Miller, Brittney M. (Democratic), Anderson, Natha C. (Democratic), Considine, Venicia (Democratic), Nguyen, Rochelle T. (Democratic), Susie Martinez, Torres-Fossett, Selena (Democratic), Peters, Sarah, and Shannon Bilbray-Axelrod.
What is the current status of AB 382?
This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 382?
Track AB 382 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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