Nevada § 116A.410 - Regulations governing certificates issued to community managers; temporary certificates; fees

§ 116A.410. Regulations governing certificates issued to community managers; temporary certificates; fees

1. The Commission shall by regulation provide for the issuance by the Division of

certificates. The regulations: (a) Must establish the qualifications for the issuance of such a certificate, including,

without limitation, the education and experience required to obtain such a certificate. The regulations must include, without limitation, provisions that: (1) Provide for the issuance of a temporary certificate for a 1-year period to a person

who: (I) Holds a professional designation in the field of management of a common-interest

community from a nationally recognized organization; (II) Provides evidence that the person has been engaged in the management of a common-interest

community for at least 5 years; and (III) Has not been the subject of any disciplinary action in another state in connection

with the management of a common-interest community. (2) Except as otherwise provided in subparagraph (3), provide for the issuance of

a temporary certificate for a 1-year period to a person who: (I) Receives an offer of employment as a community manager from an association or

its agent; and (II) Has management experience determined to be sufficient by the executive board

of the association or its agent making the offer in sub-subparagraph (I). The executive board or its agent must have sole discretion to make the determination

required in this sub-subparagraph. (3) Require a temporary certificate described in subparagraph (2) to expire before

the end of the 1-year period if the certificate holder ceases to be employed by the

association, or its agent, which offered the person employment as described in subparagraph

(2). (4) Require a person who is issued a temporary certificate as described in subparagraph

(1) or (2) to successfully complete not less than 18 hours of instruction relating

to the Uniform Common-Interest Ownership Act within the 1-year period. (5) Provide for the issuance of a certificate at the conclusion of the 1-year period

if the person: (I) Has successfully completed not less than 18 hours of instruction relating to the

Uniform Common-Interest Ownership Act; and (II) Has not been the subject of any disciplinary action pursuant to this chapter

or chapter 116 of NRS or any regulations adopted pursuant thereto. (6) Provide that a temporary certificate described in subparagraph (1) or (2) and

a certificate described in subparagraph (5): (I) Must authorize the person who is issued a temporary certificate described in subparagraph

(1) or (2) or certificate described in subparagraph (5) to act in all respects as

a community manager and exercise all powers available to any other community manager

without regard to experience; and (II) Must not be treated as a limited, restricted or provisional form of a certificate. (b) May require applicants to pass an examination in order to obtain a certificate

other than a temporary certificate described in paragraph (a). If the regulations require such an examination, the Commission shall by regulation

establish fees to pay the costs of the examination, including any costs which are

necessary for the administration of the examination. (c) Must establish a procedure for a person who was previously issued a certificate

and who no longer holds a certificate to reapply for and obtain a new certificate

without undergoing any period of supervision under another community manager, regardless

of the length of time that has passed since the person last acted as a community manager. (d) Must establish the grounds for initiating disciplinary action against a person

to whom a certificate has been issued, including, without limitation, the grounds

for placing conditions, limitations or restrictions on a certificate and for the suspension

or revocation of a certificate. (e) Must establish rules of practice and procedure for conducting disciplinary hearings. (f) Must establish the qualifications for the renewal of a certificate, including,

without limitation, the hours of continuing education required to obtain such a renewal. The regulations must include, without limitation, provisions that: (1) Require the certificate to be renewed biennially. (2) Authorize the satisfaction of not more than 5 of the required hours of continuing

education, which must be designated as instruction relating to the provisions of this

chapter and chapter 116 of NRS and any regulations adopted pursuant thereto, in increments of 1 hour, within the

2 years immediately preceding the date on which the certificate expires by: (I) Observation of a disciplinary hearing conducted by the Commission, the hours of

attendance at which may be used to fulfill any hours of instruction relating to federal,

state or local laws and regulations applicable to the management of a common-interest

community the Commission may require; or (II) With the permission of the parties involved, attendance as an observer at any

mediation, arbitration or other process of alternative dispute resolution arising

from a claim which is within the jurisdiction of the Division. 2. The Division may collect a fee for the issuance of a certificate in an amount not

to exceed the administrative costs of issuing the certificate. 3. As used in this section, “ management experience ” means experience in a position in business or government, including, without limitation,

in the military: (a) In which the person holding the position was required, as part of holding the

position, to engage in one or more management activities, including, without limitation,

supervision of personnel, development of budgets or financial plans, protection of

assets, logistics, management of human resources, development or training of personnel,

public relations, or protection or maintenance of facilities; and (b) Without regard to whether the person holding the position has any experience managing

or otherwise working for an association.