Nevada § 445B.7776 - Petition to determine if criminal history will disqualify person from obtaining license; fee; posting of requirements for license and list of disqualifying crimes on Internet; report

§ 445B.7776. Petition to determine if criminal history will disqualify person from obtaining license; fee; posting of requirements for license and list of disqualifying crimes on Internet; report

1. The Department of Motor Vehicles 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 a qualification to inspect devices for the control of emissions

for motor vehicles pursuant to NRS 445B.775 . 2. Not later than 90 days after a petition is submitted to the Department of Motor

Vehicles 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 qualification. The Department is not bound by its determination of disqualification or qualification

and may rescind such a determination at any time. 3. The Department of Motor Vehicles 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 of Motor Vehicles

at any time, including, without limitation, before obtaining any education or paying

any fee required to obtain a qualification from the Department. 5. A person may submit a new petition to the Department of Motor Vehicles not earlier

than 2 years after the final determination of the initial petition submitted to the

Department. 6. The Department of Motor Vehicles 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 of Motor Vehicles may post on its Internet website: (a) The requirements to obtain a qualification from the Department; and (b) A list of crimes, if any, that would disqualify a person from obtaining a qualification

from the Department. 8. The Department of Motor Vehicles 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 of Motor Vehicles for a determination pursuant

to subsection 1 shall not submit false or misleading information to the Department. 10. The Department of Motor Vehicles 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.