Nev. Rev. Stat. § 361.2212 — Petition to review criminal history of person to determine whether criminal history disqualifies person from obtaining certificate

NRS  361.2212    Petition to review criminal history of person to determine
whether criminal history disqualifies person from obtaining certificate.
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 an
appraiser’s certificate pursuant to NRS
361.221 .
2.  Not later than 90 days after a petition
is submitted to the Department pursuant to subsection 1, the Department shall
inform the person of the determination of the Department of whether the
person’s criminal history will disqualify the person from obtaining a certificate.
The Department is not bound by its determination of disqualification or
qualification and may rescind such a determination at any time.
3.  The Department may provide instructions
to a person who receives a determination of disqualification to remedy the
determination of disqualification. A person may resubmit a petition pursuant to
subsection 1 not earlier than 6 months after receiving instructions pursuant to
this subsection if the person remedies the determination of disqualification.
4.  A person with a criminal history may
petition the Department at any time, including, without limitation, before
obtaining any education or paying any fee required to obtain a certificate from
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.
6.  The Department may impose a fee of up
to $50 upon the person to fund the administrative costs in complying with the
provisions of this section. The Department may waive such fees or allow such
fees to be covered by funds from a scholarship or grant.
7.  The Department may post on its Internet
website:
(a) The requirements to obtain an appraiser’s
certificate from the Department; and
(b) A list of crimes, if any, that would
disqualify a person from obtaining a certificate from the Department.
8.  The Department may request the criminal
history record of a person who petitions the Department for a determination
pursuant to subsection 1. 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:
(a) The Central Repository for Nevada Records of
Criminal History; and
(b) The Federal Bureau of Investigation.
9.  A person who petitions the Department
for a determination pursuant to subsection 1 shall not submit false or
misleading information to the Department.
10.  The Department shall, on or before the
20th day of January, April, July and October, submit to the Director of the
Legislative Counsel Bureau in an electronic format prescribed by the Director,
a report that includes:
(a) The number of petitions submitted to the
Department pursuant to subsection 1;
(b) The number of determinations of
disqualification made by the Department pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by
the Director or which the Department determines would be helpful.
11.  The Director shall transmit a
compilation of the information received pursuant to subsection 10 to the
Legislative Commission quarterly, unless otherwise directed by the Commission.