Sectionan 3amended ofregistration this[, billalong requireswith a registrantfee to submit to the Secretary of State$10,] a request for an amended registration if the registrant changes his or her:

(1) mailingfor address,Assembly countyAmendment orNo. residence or place of business or employment;

or594 (2) name and the registrant intends to useSenate theBill newNo. name in the performance of document prepExisting law sets forth certain requirements for any advertisement for the service of a registrant, including that the advertisement include a statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.

349 First Reprint Page 4 mailing address, county or residence or place of business or employment;

or (2) name and the registrant intends to use the new name in the performance of document preparation services.

Existing law sets forth certain requirements for any advertisement for the service of a attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.

and (2) certain penalties if the Secretary of State finds a person [guilty of a] in violation of such provisions.

-Existing 82ndlaw Sessionprohibits (2023) – 2 – services not performed or costs not incurred after the date of last service performed for a client;registrant from:

(1) retaining any fees or costs for services not performed or costs not incurred after the date of last service performed for a client;

(7) with certain exceptions, providingseeking certainor advice,obtaining explanations,from opinionsa orclient recommendationsa waiver of any provision of law relating to adocument client;preparation services.

or(NRS document240A.240) preparationSection services.6 of this bill sets forth certain penalties which may be imposed if the Secretary of State finds a person [guilty of a] in violation of such provisions.

(NRSExisting 240A.240)law Section: 6 of this bill sets forthg to certain penalties which may be imposed if the Secretary of State finds a person in violation of such provisions.

Existing(1) law:authorizes the Secretary of State to conduct or cause to be conducted an investigation if the Secretary of State obtains information that a provision of law, regulation or order relating to document preparation services has been violated [.] ;

(1) authorizes the Secretary of State to conduct or cause to be conducted an investigation if the Secretary of State obtains information that a provision of law, regulation or order relating to document preparation services has been violated;

(NRS 240A.260) Section 7 of this bill provides that if, within a reasonable period of time, a registrant fails to provide the anSecretary investigation of anState allegedwith violationany byinformation therequested registrant,by the Secretary of State mayduring suspendan orinvestigation refuseof toan renewalleged theviolation registrationby ofthe registrant, the [registration.] registrant.

Existing law authorizes the Secretary of State to deny, suspend, revoke or refuse to renew the registration of any person who violates a provision of law relating to document preparation services.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

-3. 82nd Session (2023) – 3 – with each agent appointed by the Department in connection with thect registration of motor vehicles and issuance of license plates may provide for compensation based upon the reasonable value of the services of the agent but must not exceed $2 for each registration.

AnExcept authorizedas inspectionotherwise stationprovided orin authorizedthis stationsubsection, thatthe issuescontract certificateswith ofeach agent appointed by the Department in connection with the registration pursuantof tomotor NRSvehicles 482.281and isissuance notof entitledlicense toplates receivemay provide for compensation frombased upon the Departmentreasonable pursuantvalue toof thisthe subsection.services of the agent but must not exceed $2 for each registration.

An authorized inspection station or authorized station that issues Assembly Amendment No.

594 to Senate Bill No.

349 First Reprint Page 5 certificates of registration pursuant to NRS 482.281 is not entitled to receive compensation from the Department pursuant to this subsection.

or (b) A service mark, trademark or logo designed to closely resemble a service mark, trademark or logo of the Department and intended to mislead a viewer to believe that the service mark, trademark or logo is the service mark, trademark or logo of the Dep5.tmAnDepartment. agent appointed pursuant to subsection 2 or NRS 487.815 may use the name, service marks, trademarks or logo of the Department in an advertisement if the agent has obtained the written permission of the Department for such use.

5.

An agent appointed pursuant to subsection 2 or NRS 487.815 may use the name, service marks, trademarks or logo of the Department in an advertisement if the agent has obtained the written permission of the Department for such use.

The statement must be substantiallyof thea followingconspicuous form:ing,size, if in writing, and must appear in THISsubstantially DOCUMENTthe PREPARATIONfollowing SERVICEform: IS A THIRD-PARTY BUSINESS NOT AFFILIATED WITH THE NEVADA DEPARTMENT OF MOTOR VEHICLES.

-THIS 82ndDOCUMENT SessionPREPARATION (2023)SERVICE –IS 4A –THIRD- Sec.PARTY BUSINESS NOT AFFILIATED WITH THE NEVADA DEPARTMENT OF MOTOR VEHICLES.

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 aoa form provided by the Secretary of State.

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

4.[;

Uponand receipt(c) ofBe aaccompanied requestby fora anfee amended registration, the Secretary of State$10.] shall4. issue an amended registration.

Upon receipt of a request for an amended registration , [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,Assembly orAmendment ifNo. his or her registration is expired, revoked or suspended or is otherwise not in good sta(b) Submit an application for registration as a document preparation service that contains a substantial and material misstatement or omission of fact.

594 to Senate Bill No.

349 First Reprint Page 6 chapter, or if his or her registration is expired, revoked or suspended or is otherwise not in good standing.

(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’s] investigative fees and costs.

- 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 representationerepresentation to any person.

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

I AM NOT [LICENSED] AUTHORIZED TO GIVE LEGAL ADVICE OR LEGAL REPRESENTATION.

the3. 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] in violation of the provisions of subsection 1, the Secretary of State [shall:] may:

(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] not less than $100 or more than [$1,000.] $5,000 for each violation.

-(a) 82ndAfter Sessionthe (2023)date –of 6the –last service performed for a client, retain any fees or costs for services not performed or costs not incurred.etainincurred. (b) Make, orally or in writing:

(b) Make, orally or in writing:

(2)Assembly AAmendment statementNo. that the registrant has some special influence with or is able to obtain special treatment from the court or agency with which a document is to be filed or submitted;

594 to Senate Bill No.

349 First Reprint Page 7 (2) A statement that the registrant has some special influence with or is able to obtain special treatment from the court or agency with which a document is to be filed or submitted;

(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 otherorney,”other 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 pro3.sioAprovisions registrantwould whoviolate isfederal alsolaw. 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.

If3. the Secretary of State finds a registrant in violation of the provisions of subsection 1, the Secretary of State may:

(a)A Suspendregistrant who is also a notary public appointed by the registrationSecretary 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 foror notthe lessservices thanprovided year.by the registrant, use the term “notary public.” 4.

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

(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.

mayAssembly suspendAmendment orNo. 3.

594 to Senate Bill No.

349 First Reprint Page 8 3.

The authority of -the 82ndSecretary Sessionof (2023)State –to 8impose –a [civil] penalty applies regardless of whether the person is still a registrant at the time [of the hearing] that the penalty is imposed so long as the person was a registrant at the time that he or she committed the violation.

(e) Refer the alleged violation to the Attorney General or a district attorney for prosecution of the person pursuant to NRS(f)NRS Take240A.290. any combination of the actions described in this subsection.

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

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

(c) Must include, without limitation:

(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 mannernotice inis whichreceived; the document preparation service or other person may respond to the notice.

and (5) Instructions on the manner in which the document preparation service or other person may respond to the notice.

Sec.Assembly Amendment No.

594 to Senate Bill No.

349 First Reprint Page 9 Sec.

If the toSecretary thisof subsection:suspendsState suspends the registration of a registrant pursuant (a)to Thethis Secretarysubsection: of State shall notify the registrant in writing of the suspension.

(a) The Secretary of State shall notify the registrant in writing of the suspension.

- 82nd Session (2023) – 10 – 4.

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