Nevada § 244.33504 - Preapplication petition for person with criminal history applying for license; fee; report of determinations

§ 244.33504. Preapplication petition for person with criminal history applying for license; fee; report of determinations

1. A board of county commissioners or county license board shall develop and implement

a process by which a person with a criminal history may petition the board of county

commissioners or county license board to review the criminal history of the person

to determine if the person's criminal history will disqualify the person from obtaining

a license. 2. Not later than 90 days after a petition is submitted to a board of county commissioners

or county license board pursuant to subsection 1, a board of county commissioners

or county license board shall inform the person of the determination of the board

of county commissioners or county license board of whether the person's criminal history

will disqualify the person from obtaining a license. The board of county commissioners or county license board is not bound by its determination

of disqualification or qualification and may rescind such a determination at any time. 3. A board of county commissioners or county license board 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 board of county commissioners

or county license board at any time, including, without limitation, before obtaining

any education or paying any fee required to obtain a license from the board of county

commissioners or county license board. 5. A person may submit a new petition to the board of county commissioners or county

license board not earlier than 2 years after the final determination of the initial

petition submitted to the board of county commissioners or county license board. 6. A board of county commissioners or county license board may impose a fee of up

to $50 upon the person to fund the administrative costs in complying with the provisions

of this section. A board of county commissioners or county license board may waive such fees or allow

such fees to be covered by funds from a scholarship or grant. 7. A board of county commissioners or county license board may post on its Internet

website: (a) The requirements to obtain a license from the board of county commissioners or

county license board, as applicable; and (b) A list of crimes, if any, that would disqualify a person from obtaining a license

from a board of county commissioners or county license board. 8. A board of county commissioners or county license board may request the criminal

history record of a person who petitions the board of county commissioners or county

license board for a determination pursuant to subsection 1. To the extent consistent with federal law, if the board of county commissioners

or county license board makes such a request of a person, the board of county commissioners

or county license board 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 board of county commissioners or county license board

for a determination pursuant to subsection 1 shall not submit false or misleading

information to the board of county commissioners or county license board. 10. A board of county commissioners or county license board 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 a board of county commissioners or county

license board pursuant to subsection 1; (b) The number of determinations of disqualification made by a board of county commissioners

or county license board pursuant to subsection 1; (c) The reasons for such determinations; and (d) Any other information that is requested by the Director or which a board of county

commissioners or county license board 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.