Nevada § 489.298 - Division to develop and implement process for determining whether person’s criminal history will disqualify person from obtaining a license pursuant to chapter; fee; quarterly reports

§ 489.298. Division to develop and implement process for determining whether person’s criminal history will disqualify person from obtaining a license pursuant to chapter; fee; quarterly reports

1. The Division shall develop and implement a process by which a person with a criminal

history may petition the Division to review the criminal history of the person to

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

a license pursuant to this chapter. 2. Not later than 90 days after a petition is submitted to the Division pursuant to

subsection 1, the Division shall inform the person of the determination of the Division

of whether the person's criminal history will disqualify the person from obtaining

a license. The Division is not bound by its determination of disqualification or qualification

and may rescind such a determination at any time. 3. The Division 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 Division at any time, including,

without limitation, before obtaining any education or paying any fee required to obtain

a license from the Division. 5. A person may submit a new petition to the Division not earlier than 2 years after

the final determination of the initial petition submitted to the Division. 6. The Division 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 Division may waive such fees or allow such fees to be covered by funds from

a scholarship or grant. 7. The Division may post on its Internet website: (a) The requirements to obtain a license from the Division; and (b) A list of crimes, if any, that would disqualify a person from obtaining a license

from the Division. 8. The Division may request the criminal history record of a person who petitions

the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request

of a person, the Division 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 Division for a determination pursuant to subsection

1 shall not submit false or misleading information to the Division. 10. The Division 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 Division pursuant to subsection 1; (b) The number of determinations of disqualification made by the Division pursuant

to subsection 1; (c) The reasons for such determinations; and (d) Any other information that is requested by the Director or which the Division

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.