Nevada § 379.00785 - Petition for review of criminal history; fee

§ 379.00785. Petition for review of criminal history; fee

1. The State Library, Archives and Public Records Administrator shall develop and

implement a process by which a person with a criminal history may petition the State

Library, Archives and Public Records Administrator to review the criminal history

of the person to determine if the person's criminal history will disqualify the person

from obtaining a certification pursuant to NRS 379.0073 . 2. Not later than 90 days after a petition is submitted to the State Library, Archives

and Public Records Administrator pursuant to subsection 1, the State Library, Archives

and Public Records Administrator shall inform the person of the determination of the

State Library, Archives and Public Records Administrator of whether the person's criminal

history will disqualify the person from obtaining a certification. The State Library, Archives and Public Records Administrator is not bound by his

or her determination of disqualification or qualification and may rescind such a determination

at any time. 3. The State Library, Archives and Public Records Administrator 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 State Library, Archives and Public

Records Administrator at any time, including, without limitation, before obtaining

any education or paying any fee required to obtain a certification from the State

Library, Archives and Public Records Administrator. 5. A person may submit a new petition to the State Library, Archives and Public Records

Administrator not earlier than 2 years after the final determination of the initial

petition submitted to the State Library, Archives and Public Records Administrator. 6. The State Library, Archives and Public Records Administrator 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 State Library, Archives and Public Records Administrator may waive such fees

or allow such fees to be covered by funds from a scholarship or grant. 7. The State Library, Archives and Public Records Administrator may post on its Internet

website: (a) The requirements to obtain a certification from the State Library, Archives and

Public Records Administrator; and (b) A list of crimes, if any, that would disqualify a person from obtaining a certification

from the State Library, Archives and Public Records Administrator. 8. The State Library, Archives and Public Records Administrator may request the criminal

history record of a person who petitions the State Library, Archives and Public Records

Administrator for a determination pursuant to subsection 1. To the extent consistent with federal law, if the State Library, Archives and Public

Records Administrator makes such a request of a person, the State Library, Archives

and Public Records Administrator 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 State Library, Archives and Public Records Administrator

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

information to the State Library, Archives and Public Records Administrator. 10. The State Library, Archives and Public Records Administrator 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 State Library, Archives and Public Records

Administrator pursuant to subsection 1; (b) The number of determinations of disqualification made by the State Library, Archives

and Public Records Administrator pursuant to subsection 1; (c) The reasons for such determinations; and (d) Any other information that is requested by the Director or which the State Library,

Archives and Public Records Administrator 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.