Nevada § 463.335 - Gaming employee must be registered with Board; notice of change of employment; investigation of applicant; fee; expiration of registration; suspension of or objection to registration; hearing and review; confidentiality of records; suspension of registration for failure to comply with provisions of chapter 179D of NRS

§ 463.335. Gaming employee must be registered with Board; notice of change of employment; investigation of applicant; fee; expiration of registration; suspension of or objection to registration; hearing and review; confidentiality of records; suspension of registration for failure to comply with provisions of chapter 179D of NRS

1. The Legislature finds that, to protect and promote the health, safety, morals,

good order and general welfare of the inhabitants of the State of Nevada and to carry

out the policy declared in NRS 463.0129 , it is necessary that the Board: (a) Ascertain and keep itself informed of the identity, prior activities and present

location of all gaming employees in the State of Nevada; and (b) Maintain confidential records of such information. 2. A person may not be employed as a gaming employee unless the person is temporarily

registered or registered as a gaming employee pursuant to this section. An applicant for registration or renewal of registration as a gaming employee must

file an application for registration or renewal of registration with the Board. Whenever a registered gaming employee, whose registration has not expired, has not

been objected to by the Board, or has not been suspended or revoked: (a) Becomes employed as a gaming employee at another or additional gaming establishment;

or (b) If the registered gaming employee: (1) Is a security guard and is employed in an unarmed position, becomes employed in

an armed position; or (2) Is not a security guard and becomes employed as a security guard in an unarmed

or armed position, the registered gaming employee must file a change of employment notice within 10 calendar

days with the Board. The application for registration and change of employment notice must be filed through

the licensee for whom the applicant will commence or continue working as a gaming

employee, unless otherwise filed with the Board as prescribed by regulation of the

Commission. 3. The Board shall prescribe the forms for the application for registration as a gaming

employee and the change of employment notice. 4. A complete application for registration or renewal of registration as a gaming

employee or a change of employment notice received by a licensee must be submitted

to the Board before the applicant may commence or continue working as a gaming employee. A licensee is not responsible for the accuracy or completeness of any application

for registration or renewal of registration as a gaming employee or any change of

employment notice. 5. The Board shall immediately conduct an investigation of each person who files an

application for registration or renewal of registration as a gaming employee to determine

whether the person is eligible for registration as a gaming employee. In conducting the investigation, a complete set of the applicant's fingerprints

must be submitted to the Central Repository for Nevada Records of Criminal History

for: (a) A report concerning the criminal history of the applicant; and (b) Submission to the Federal Bureau of Investigation for a report concerning the

criminal history of the applicant. The investigation need not be limited solely to consideration of the results of the

report concerning the criminal history of the applicant. The fee for processing an application for registration or renewal of registration

as a gaming employee may be charged only to cover the actual investigative and administrative

costs related to processing the application that are incurred by the Board. An applicant shall submit to the Central Repository for Nevada Records of Criminal

History the fees charged by the Central Repository and the Federal Bureau of Investigation

to process the fingerprints of the applicant pursuant to this subsection. 6. Upon receipt of a change of employment notice, the Board may conduct any investigations

of the gaming employee that the Board deems appropriate to determine whether the gaming

employee may remain registered as a gaming employee. The fee charged by the Board to process a change of employment notice may cover

only the actual investigative and administrative costs related to processing the change

of employment notice. The filing of a change of employment notice constitutes an application for registration

as a gaming employee, and if the Board, after conducting its investigation, suspends

or objects to the continued registration of the gaming employee, the provisions of

subsections 10 to 16, inclusive, apply to such suspension by or objection of the Board. 7. Except as otherwise prescribed by regulation of the Commission, an applicant for

registration or renewal of registration as a gaming employee is deemed temporarily

registered as a gaming employee as of the date a complete application for registration

or renewal of registration is submitted to the licensee for which the applicant will

commence or continue working as a gaming employee. Unless objected to by the Board or suspended or revoked, the initial registration

of an applicant as a gaming employee expires 5 years after the date employment commences

with the applicable licensee. Any subsequent renewal of registration as a gaming employee, unless objected to

by the Board or suspended or revoked, expires 5 years after the expiration date of

the most recent registration or renewal of registration of the gaming employee. 8. If, within 120 days after receipt by the Board of a complete application for registration

or renewal of registration as a gaming employee, including classifiable fingerprints,

or a change of employment notice, the Board has not notified the applicable licensee

of any suspension or objection, the applicant shall be deemed to be registered as

a gaming employee. A complete application for registration or renewal of registration as a gaming employee

is composed of: (a) The fully completed form for application for registration as a gaming employee

prescribed in subsection 3; (b) A complete set of the fingerprints of the applicant, unless directly forwarded

electronically or by another means to the Central Repository for Nevada Records of

Criminal History; (c) The fee for processing the application for registration or renewal of registration

as a gaming employee prescribed by the Board pursuant to subsection 5, unless otherwise

prescribed by regulation of the Commission; and (d) A completed statement as prescribed in subsections 1 and 2 of NRS 463.3351 . If the Board determines after receiving an application for registration or renewal

of registration as a gaming employee that the application is incomplete, the Board

may suspend the temporary registration as a gaming employee of the applicant who filed

the incomplete application. An applicant whose temporary registration is suspended shall not be eligible to

work as a gaming employee until such time as the applicant files a complete application. 9. A person who is temporarily registered or registered as a gaming employee is eligible

for employment in any licensed gaming establishment in this State until such registration

is objected to by the Board, expires or is suspended or revoked. The Commission shall adopt regulations to: (a) Establish uniform procedures for the registration of gaming employees; (b) Establish uniform criteria for objection by the Board of an application for registration;

and (c) Provide for the creation and maintenance of a system of records that contain information

regarding the current place of employment of each person who is registered as a gaming

employee and each person whose registration as a gaming employee has expired, was

objected to by the Board, or was suspended or revoked. The system of records must be accessible by: (1) Licensees for the limited purpose of complying with subsection 2; and (2) The Central Repository for Nevada Records of Criminal History for the limited

purpose of complying with NRS 179D.570 . 10. If the Board, within the 120-day period prescribed in subsection 8, notifies: (a) The applicable licensee; and (b) The applicant, that the Board suspends or objects to the temporary registration of an applicant as

a gaming employee, the licensee shall immediately terminate the applicant from employment

or reassign the applicant to a position that does not require registration as a gaming

employee. The notice of suspension or objection by the Board which is sent to the applicant

must include a statement of the facts upon which the Board relied in making its suspension

or objection. 11. Any person whose application for registration or renewal of registration as a

gaming employee has been suspended or objected to by the Board may, not later than

60 days after receiving notice of the suspension or objection, apply to the Board

for a hearing. A failure of a person whose application has been objected to or suspended to apply

for a hearing within 60 days or his or her failure to appear at a hearing of the Board

conducted pursuant to this section shall be deemed to be an admission that the suspension

or objection is well-founded, and the failure precludes administrative or judicial

review. At the hearing, the Board shall take any testimony deemed necessary. After the hearing, the Board shall review the testimony taken and any other evidence

and shall, within 45 days after the date of the hearing, mail to the applicant its

decision sustaining or reversing the suspension or the objection to the registration

of the applicant as a gaming employee. 12. The Board may suspend or object to the registration of an applicant as a gaming

employee for any cause deemed reasonable by the Board. The Board may object to or suspend the registration if the applicant has: (a) Failed to disclose or misstated information or otherwise attempted to mislead

the Board with respect to any material fact contained in the application for registration

as a gaming employee; (b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the Commission at a place of previous employment; (c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement,

larceny or theft or any violation of any law pertaining to gaming, or any crime which

is inimical to the declared policy of this State concerning gaming; (d) Committed, attempted or conspired to commit a crime which is a felony or gross

misdemeanor in this State or an offense in another state or jurisdiction which would

be a felony or gross misdemeanor if committed in this State and which relates to the

applicant's suitability or qualifications to work as a gaming employee; (e) Been identified in the published reports of any federal or state legislative or

executive body as being a member or associate of organized crime, or as being of notorious

and unsavory reputation; (f) Been placed and remains in the constructive custody of any federal, state or municipal

law enforcement authority; or (g) Had registration as a gaming employee revoked or committed any act which is a

ground for the revocation of registration as a gaming employee or would have been

a ground for revoking registration as a gaming employee if the applicant had then

been registered as a gaming employee. If the Board registers or does not suspend or object to the registration of an applicant

as a gaming employee, it may specially limit the period for which the registration

is valid, limit the job classifications for which the registered gaming employee may

be employed and establish such individual conditions for the renewal and effectiveness

of the registration as the Board deems appropriate, including required submission

to unscheduled tests for the presence of alcohol or controlled substances. If a gaming employee fails to comply with any limitation or condition placed on

the effectiveness of the gaming employee's registration as a gaming employee, notwithstanding

any other provision of this section, the Board may object to the gaming employee's

registration. If the Board objects to the gaming employee's registration, the provisions regarding

the continued effectiveness of the registration and the review of the objection set

forth in subsections 10 to 16, inclusive, apply, including, without limitation, the

requirement to notify the applicable licensee about the objection. 13. Any applicant aggrieved by the decision of the Board may, within 15 days after

the announcement of the decision, apply in writing to the Commission for review of

the decision. Review is limited to the record of the proceedings before the Board. The Commission may sustain, modify or reverse the Board's decision. The decision of the Commission is subject to judicial review pursuant to NRS 463.315 to 463.318 , inclusive. 14. The Chair of the Board may designate a member of the Board or the Board may appoint

a hearing examiner and authorize that person to perform on behalf of the Board any

of the following functions required of the Board by this section concerning the registration

or renewal of registration of gaming employees: (a) Conducting a hearing and taking testimony; (b) Reviewing the testimony and evidence presented at the hearing; (c) Making a recommendation to the Board based upon the testimony and evidence or

rendering a decision on behalf of the Board to sustain or reverse the suspension of

or the objection to the registration of an applicant as a gaming employee; and (d) Notifying the applicant of the decision. 15. Notice by the Board as provided pursuant to subsections 1 to 14, inclusive, is

sufficient if it is mailed to the applicant's last known address as indicated on the

application for registration as a gaming employee or the record of the hearing, as

the case may be. The date of mailing may be proven by a certificate signed by an officer or employee

of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it

is deposited with the United States Postal Service with the postage thereon prepaid. 16. Except as otherwise provided in this subsection, all records acquired or compiled

by the Board or Commission relating to any application made pursuant to this section,

all lists of persons registered as gaming employees, all lists of persons suspended

or objected to by the Board and all records of the names or identity of persons engaged

in the gaming industry in this State are confidential and must not be disclosed except

in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the Division of Welfare and Supportive Services of

the Department of Health and Human Services pursuant to NRS 425.400 for information relating to a specific person who has applied for registration as

a gaming employee or is registered as a gaming employee, the Board shall disclose

to the Division the person's social security number, residential address and current

employer as that information is listed in the files and records of the Board. Any record of the Board or Commission which shows that the applicant has been convicted

of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor,

felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime

must be based on the classification in the state where it was committed. 17. If the Central Repository for Nevada Records of Criminal History, in accordance

with the provisions of NRS 179D.570 , provides the Board with the name and other identifying information of a registered

gaming employee who is not in compliance with the provisions of chapter 179D of NRS , the Board shall notify the person that, unless the person provides the Board with

verifiable documentation confirming that the person is currently in compliance with

the provisions of chapter 179D of NRS within 15 days after receipt of such notice, the Board shall, notwithstanding any

other provisions of this section, conduct a hearing for the purpose of determining

whether the registration of the person as a gaming employee must be suspended for

noncompliance with the provisions of chapter 179D of NRS . 18. Notwithstanding any other provisions of this section, if a person notified by

the Board pursuant to subsection 17 does not provide the Board, within the 15 days

prescribed therein, with verifiable documentation establishing that the person is

currently in compliance with the provisions of chapter 179D of NRS , the Chair of the Board shall, within 10 days thereof, appoint a hearing examiner

to conduct a hearing to determine whether the person is, in fact, not in compliance

with the provisions of chapter 179D of NRS . The hearing examiner shall, within 5 days after the date the hearing examiner is

appointed by the Chair, notify the person of the date of the hearing. The hearing must be held within 20 days after the date on which the hearing examiner

is appointed by the Chair, unless administratively extended by the Chair for good

cause. At the hearing, the hearing examiner may take any testimony deemed necessary and

shall render a decision sustaining or reversing the findings of the Central Repository

for Nevada Records of Criminal History. The hearing examiner shall notify the person of the hearing examiner's decision

within 5 days after the date on which the decision is rendered. A failure of a person to appear at a hearing conducted pursuant to this section

shall be deemed to be an admission that the findings of the hearing examiner are well-founded. 19. If, after conducting the hearing prescribed in subsection 18, the hearing examiner

renders a decision that the person who is the subject of the hearing: (a) Is not in compliance with the provisions of chapter 179D of NRS , the Board shall, notwithstanding any other provisions of this section: (1) Suspend the registration of the person as a gaming employee; (2) Notify the person to contact the Central Repository for Nevada Records of Criminal

History to determine the actions that the person must take to be in compliance with

the provisions of chapter 179D of NRS ; and (3) Notify the licensee for which the person is employed as a gaming employee, in

the manner prescribed in subsection 20, that the Board has suspended the registration

of the person as a gaming employee and that the licensee must immediately terminate

the person from employment or reassign the person to a position that does not require

registration as a gaming employee. (b) Is in compliance with the provisions of chapter 179D of NRS , the Board shall notify the person and the Central Repository for Nevada Records

of Criminal History, in the manner prescribed in subsection 20, of the findings of

the hearing examiner. 20. Notice as provided pursuant to subsections 17, 18 and 19 is sufficient if it is

mailed to the person's last known address as indicated on the most recent application

for registration as a gaming employee or the record of the hearing, or to the person

at his or her place of gaming employment. The date of mailing may be proven by a certificate signed by an officer or employee

of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it

is deposited with the United States Postal Service with the postage thereon prepaid. 21. The Board shall remove a suspension entered in accordance with subsection 19 and

reinstate the registration of a person as a gaming employee upon receipt of verifiable

documentation confirming that the person is currently in compliance with the provisions

of chapter 179D of NRS .