SB 349 — Revises provisions relating to document preparation services. (BDR 43-855)

-The *SB349_R1*statement –must 4be –substantially Sec.the following form:ing, and must appear in THIS DOCUMENT PREPARATION SERVICE IS A THIRD-PARTY BUSINESS NOT AFFILIATED WITH THE NEVADA DEPARTMENT OF MOTOR VEHICLES.

- 82nd Session (2023) – 4 – Sec.

If, at any time during his or her appointment, a registrant changes his or her mailing address, county of residence or place of business or employment, the registrant shall submit to the Secretary of State a request for an amended registration on aao form provided by the Secretary of State.

and (b) Be submitted within 30 days after making the change;change.

and (c) Be accompanied by a fee of $10.

Upon receipt of a request for an amended registrationregistration, and the appropriate fee, the Secretary of State shall issue an amended registration.

(a) Represent himself or herself as a document preparation service if the person has not registered as a document preparation service pursuant to this chapter, or if his or her registration is expired, revoked or suspended or is otherwise not in good standing.sta(b) Submit an application for registration as a document preparation service that contains a substantial and material misstatement or omission of fact.

(b) Submit an application for registration as a document preparation service that contains a substantial and material misstatement or omission of fact.

Any person who violates a provision of paragraph (a) of subsection 1 is liable for a civil penalty of not more than $1,000 for each violation, plus reasonable attorney’sinvestigative fees and costs.

- *SB349_R1*82nd Session (2023) – 5 – Sec.

Any advertisement for the services of a registrant which the registrant disseminates or causes to be disseminated must include a [clear and conspicuous] statement [that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representationrepresentatione to any person.

3.] The noticestatement must be of a conspicuous size, if in writing, and must appear in substantially the following form:

I AM NOT LICENSEDAUTHORIZED TO GIVE LEGAL ADVICE OR LEGAL REPRESENTATION.

3.the provisions of subsection 1, the Secretary of State may:lation of (a) Suspend the registration of the registrant for not less than year.

If the Secretary of State finds a registrant guilty of a violation of the provisions of subsection 1, the Secretary of State shall:

(a) Suspend the registration of the registrant for not less than 1 year.

(c) Assess a civil penalty of not more than $1,000 for each violation.

Unless a greater penalty is provided pursuant to NRS 240A.290, a registrant who is found guilty in a criminal prosecution of violating the provisions of subsection 1 shall be punished by a fine of not less than $100 or more than $1,000.$5,000 for each violation.

(a)- After82nd theSession date(2023) of– the6 last– service performed for a client, retain any fees or costs for services not performed or costs not incurred.incurred.etain (b) Make, orally or in writing:

(b)(1) Make,A orallypromise of the result to be obtained by the filing or submission of any document, unless the registrant has some basis in writing:fact for making the promise;

- *SB349_R1* – 6 – (1) A promise of the result to be obtained by the filing or submission of any document, unless the registrant has some basis in fact for making the promise;

(c) Except as otherwise provided in subsection 3, in any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, use the term “legal aid,” “legal services,” “law office,” “notario,” “notario publico,” “notary public,” “notary,” “paralegal,” “legal assistant,” “licensed,” “licenciado,” “attorney,” “lawyer” or any similar term, in English, Spanish or any otherotherorney,” language, which implies that the registrant:

(f) Except as otherwise provided in subsection 2, appear on behalf of a client in a court proceeding or other formal adjudicative proceeding, unless the registrant is ordered to appear by the court or presiding officer.

- 82nd Session (2023) – 7 – (h) Seek or obtain from a client a waiver of any provision of this chapter.

The provisions of paragraphs (e), (f) and (g) of subsection 1 do not apply to a registrant to the extent that compliance with such provisionspro3.sioA wouldregistrant violatewho federalis law.also a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State may, in any advertisement or written description of the registrant or the services provided by the registrant, use the term “notary public.” 4.

-If *SB349_R1*the –Secretary 7of –State 3.finds a registrant in violation of the provisions of subsection 1, the Secretary of State may:

A(a) registrantSuspend who is also a notary public appointed by the Secretaryregistration of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State may, in any advertisement or written description of the registrant orfor thenot servicesless providedthan byyear. the registrant, use the term “notary public.” 4.

If the Secretary of State finds a registrant guilty of a violation the provisions of subsection 1, the Secretary of State shall:

(a) Suspend the registration of the registrant for not less than 1 year.

(c) Assess a civil penalty of not more than $1,000 for each violation.

If, within a reasonable period of time, a registrant fails to provide the Secretary of State with any information requested by the Secretary of State during an investigation of an alleged violation by the registrant, the Secretary of State may suspend, revoke or refuse to renew the registration of the registrant.

may suspend or 3.

The order must notify the person that any willful violation of the order may subject the person to prosecution and criminal penalties pursuant to NRS 240A.290 and civil[civil] penalties pursuant to this section and NRS 240A.280.

or (2) After[After a hearing on the matter, imposeimpose] Impose a civil[civil] penalty of not more than $1,000 for each violation.

The authority of the- Secretary82nd ofSession State(2023) to– impose8 a– civil penalty applies regardless of whether the person is still a registrant at the time of[of the hearinghearing] that the penalty is imposed so long as the person was a registrant at the time that he or she committed the violation.

(c)The IfSecretary a person engaged in the business of aState documentshall preparationafford serviceany andperson wasupon notwhom such a registrantpenalty atis theimposed timean ofopportunity thefor - *SB349_R1* – 8 – violation, after a hearing onpursuant theto matter, impose a civil penalty for each violation of not more than $5,000 or the amountprovisions of economicNRS benefit233B.121. derived from the violation, whichever is greater.

(c) If a person engaged in the business of a document preparation service and was not a registrant at the time of the violation, after a hearing on the matter, impose a [civil] penalty for each violation of not more than $5,000 or the amount of economic benefit derived from the violation, whichever is greater.

(e) Refer the alleged violation to the Attorney General or a district attorney for prosecution of the person pursuant to NRSNRS(f) 240A.290.Take any combination of the actions described in this subsection.

(f) Take any combination of the actions described in this subsection.

AnyIf determination by the Secretary of State thatreceives a provisioncomplaint ofalleging this chapter or a regulationviolation orof orderthis adoptedchapter, orthe issuedSecretary pursuantof theretoState hasshall beennotify violatedthe bydocument apreparation registrantservice or anotherother person andwho is the impositionsubject of any civil penalty by the Secretarycomplaint. of State pursuant to this section is a public record.

The notice:

(a) Must be sent by certified mail;

mailed;Is deemed to have been received 3 days after the notice is (c) Must include, without limitation:

(1) A description of each allegation contained in the complaint;

(2) A statement of each statutory provision which the document preparation service or other person is alleged to have violated;

(3) An explanation of any disciplinary action that may be taken against the document preparation service or other person if - 82nd Session (2023) – 9 – the Secretary of State determines that the alleged violation occurred;

(4) A statement that the document preparation service or other person must respond to the notice not later than 15 days after t(5) Instructions on the manner in which the document preparation service or other person may respond to the notice.

6.

Any determination by the Secretary of State that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person and the imposition of any [civil] penalty by the Secretary of State pursuant to this section is a public record.

If the Secretaryto ofthis Statesubsection:suspends suspends the registration of a registrant pursuant to(a) thisThe subsection:Secretary of State shall notify the registrant in writing of the suspension.

(a)(b) The registrant may have his or her registration as a document preparation service reinstated by the Secretary of State shallif notifyhis theor registranther inregistration writingas ofa document preparation service has not expired during the suspension.suspension upon a showing that his or her suspension as a notary public has been lifted.

(b) The registrant may have his or her registration as a document preparation service reinstated by the Secretary of State if his or her - *SB349_R1* – 9 – during the suspension upon a showing that his or her suspension as a notary public has been lifted.

- 82nd Session (2023) – 10 – 4.

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