Nevada § 599A.057 - Use of criminal history in determining whether to issue license

§ 599A.057. Use of criminal history in determining whether to issue license

1. The board of county commissioners of any county and the governing body of an incorporated

city shall develop and implement a process by which a person with a criminal history

may petition the board of county commissioners of any county and the governing body

of an incorporated city 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 NRS 599A.050 . 2. Not later than 90 days after a petition is submitted to the board of county commissioners

of any county and the governing body of an incorporated city pursuant to subsection

1, the board of county commissioners of any county and the governing body of an incorporated

city shall inform the person of the determination of the board of county commissioners

of any county and the governing body of an incorporated city of whether the person's

criminal history will disqualify the person from obtaining a license. The board of county commissioners of any county and the governing body of an incorporated

city is not bound by its determination of disqualification or qualification and may

rescind such a determination at any time. 3. The board of county commissioners of any county and the governing body of an incorporated

city 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

of any county and the governing body of an incorporated city 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 of any county and the governing body

of an incorporated city. 5. A person may submit a new petition to the board of county commissioners of any

county and the governing body of an incorporated city not earlier than 2 years after

the final determination of the initial petition submitted to the board of county commissioners

of any county and the governing body of an incorporated city. 6. The board of county commissioners of any county and the governing body of an incorporated

city 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 board of county commissioners of any county and the governing body of an incorporated

city may waive such fees or allow such fees to be covered by funds from a scholarship

or grant. 7. The board of county commissioners of any county and the governing body of an incorporated

city may post on its Internet website: (a) The requirements to obtain a license from the board of county commissioners or

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

from the board of county commissioners of any county and the governing body of an

incorporated city, as applicable. 8. The board of county commissioners of any county and the governing body of an incorporated

city may request the criminal history record of a person who petitions the board of

county commissioners or the governing body, as applicable, for a determination pursuant

to subsection 1. To the extent consistent with federal law, if the board of county commissioners

or governing body, as applicable, makes such a request of a person, the board of county

commissioners or governing body, as applicable, 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 of any county and the

governing body of an incorporated city for a determination pursuant to subsection

1 shall not submit false or misleading information to the board of county commissioners

or governing body, as applicable. 10. The board of county commissioners of any county and the governing body of an incorporated

city 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 board of county commissioners of any

county and the governing body of an incorporated city pursuant to subsection 1; (b) The number of determinations of disqualification made by the board of county commissioners

of any county and the governing body of an incorporated city pursuant to subsection

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

county commissioners of any county and the governing body of an incorporated city

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.