Nevada Administrative Code

NAC 179A.034 “Record of criminal history” defined. (NRS 179A.075, 179A.080) “Record of criminal history” has the meaning ascribed to it in NRS 179A.070 and includes, without limitation, a record of a biometric identifier of a person. As used in this section, “biometric identifier…

NAC 179A.035 “Revolving Account” defined. (NRS 179A.310) “Revolving Account” means the Revolving Account to Process Requests for Information on the Background of Volunteers Who Work With Children created pursuant to NRS 179A.310. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety…

NAC 179A.036 “Security Policy” defined. (NRS 179A.080) “Security Policy” means the Security Policy of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, as adopted by reference in NAC 179A.039. (Added to NAC by Dep’t of Public Safety by R01…

NAC 179A.037 “Volunteer” defined. (NRS 179A.310) “Volunteer” means: 1. A volunteer of a nonprofit agency who works directly with children; or 2. A prospective volunteer of a nonprofit agency who will work directly with children. (Added to NAC by Dep’t of Motor Veh. & Pub. Safety …

NAC 179A.038 Adoption by reference of Administrative Policies. (NRS 179A.080) 1. The Director hereby adopts by reference the Administrative Policies of the Nevada Criminal Justice Information System, which is available from the Central Repository, free of charge, at 333 West Nye …

NAC 179A.039 Adoption by reference of Security Policy. (NRS 179A.080) 1. The Director hereby adopts by reference the Security Policy of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, which is available, free of charge, at the Internet a…

NAC 179A.040 Requirements for collecting, using, safeguarding, handling, retaining, storing, disseminating and destroying records. (NRS 179A.080) Each agency of criminal justice and authorized recipient shall provide a means of collecting, using, safeguarding, handling, retaining…

NAC 179A.060 Security of records at Central Repository, agency of criminal justice or authorized recipient. (NRS 179A.080) 1. Each person who is engaged in data processing and who has access to information in the records of criminal history at the Central Repository, an agency of…

NAC 179A.070 Standards for employment as custodian of records. (NRS 179A.080) 1. Every person who maintains or disseminates Nevada records of criminal history must meet the standards described in this section for employment as a custodian of records. 2. Before being appointed by …

NAC 179A.080 Audits of informational systems. (NRS 179A.080) An audit by the Director of an informational system of Nevada records of criminal history must include an examination of: 1. The method of the agency of criminal justice of reporting information to the Central Repositor…

NAC 179A.090 Challenge to accuracy of record; correction; explanation for denial. (NRS 179A.080, 179A.150) 1. Any person who believes that an error exists in a record of his or her criminal history may challenge the accuracy of the record or any erroneous entry in it. 2. The chal…

NAC 179A.100 Dissemination of notice of correction. (NRS 179A.080) If an agency finds that a person’s record of criminal history is incorrect, the agency shall complete the form prescribed by the Director for disseminating a notice of corrections. In completing the form, the agen…

NAC 179A.110 Appeals. (NRS 179A.080) 1. If a correction of a record of criminal history is not allowed by an agency, the person making the challenge may appeal, in writing, to the Director of the Department of Public Safety, 555 Wright Way, Carson City, Nevada 89711. 2. A copy of…

NAC 179A.150 Application for grant of money; submission of noncriminal fingerprint card with request for state background check. (NRS 179A.080, 179A.310) 1. Before submitting a request to the Central Repository for a background check of a volunteer, a nonprofit agency may apply f…

NAC 179A.160 Performance of background check by Central Repository; effect of denial of request for grant of money from Revolving Account. (NRS 179A.080, 179A.310) 1. Upon receipt of a request for a background check that complies with NAC 179A.150, the Central Repository shall, e…

NAC 179A.180 Criteria for grant of money from Revolving Account; use of money. (NRS 179A.080, 179A.310) 1. The Central Repository shall not award a grant of money from the Revolving Account unless: (a) The nonprofit agency that requested the background check: (1) Is registered as…

NAC 179A.190 Priority of allocation of money in Revolving Account. (NRS 179A.080, 179A.310) The Director will allocate money in the Revolving Account for award based on the date that the request was received by the Central Repository. (Added to NAC by Dep’t of Motor Veh. & Pub. S…

NAC 179A.200 Contributions to Revolving Account. (NRS 179A.080, 179A.310) 1. A person may contribute money to the Revolving Account by gift, donation, bequest, grant or other source of money. 2. A person who desires to make a contribution to the Revolving Account must submit with…

NAC 179A.250 Form for transmittal; entry of information into database of National Instant Criminal Background Check System; contents of database; confidentiality of information. (NRS 179A.167) 1. The Central Repository will make available to the courts of this State a form for th…

NAC 179A.260 Identification by Director or designee of erroneous information in database; procedure for correction. (NRS 179A.167) If the Director or the Director’s designee determines that information relating to records of mental health held by the Central Repository and includ…

NAC 179A.270 Inspection, review or challenge by certain persons to accuracy of information; fee. (NRS 179A.167) A person who is or believes he or she may be the subject of information relating to records of mental health held by the Central Repository and included in the database…

NAC 179A.280 Form for relief of disability; removal of information from database. (NRS 179A.167) 1. The Central Repository shall make available to the courts of this State a form for the relief from disability of a person who is the subject of information relating to records of m…

NAC 180.010 Definitions. (NRS 180.320) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 180.020 to 180.070, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. on Indigent Defense Services by R042…

NAC 180.020 “Attorney” defined. (NRS 180.320) “Attorney” means an attorney who provides indigent defense services. (Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021)

NAC 180.030 “Case” defined. (NRS 180.320) “Case” means: 1. A single adult defendant on a single charging document, regardless of the number of counts alleged, in a felony, gross misdemeanor or misdemeanor matter; or 2. A single juvenile defendant on a single petition, regardless …

NAC 180.040 “Expert witness” defined. (NRS 180.320) “Expert witness” means a person who is qualified by knowledge, skill, experience, training or education to render an opinion on scientific, technical or other specialized matters. (Added to NAC by Bd. on Indigent Defense Service…

NAC 180.050 “Indigency” defined. (NRS 180.320) “Indigency” means the inability of a defendant, without causing the defendant or any of his or her dependents to have substantial hardship, to obtain competent, qualified legal counsel on his or her own. As used in this section, a de…

NAC 180.060 “Investigator” defined. (NRS 180.320) “Investigator” means a person who is qualified to secure evidence and subpoena witnesses to be used in the preparation and trial of criminal cases and who is: 1. Licensed by the Private Investigator’s Licensing Board; 2. An employ…

NAC 180.070 “Plan for the provision of indigent defense services” or “plan” defined. (NRS 180.320) “Plan for the provision of indigent defense services” or “plan” means the processes established by a county for the provision of indigent defense services and the estimated cost to …

NAC 180.090 Applicability. (NRS 180.320) The provisions of this chapter and chapter 180 of NRS govern the provision of indigent defense services. (Added to NAC by Bd. on Indigent Defense Services by R042-20, eff. 10-25-2021) ADMINISTRATION

NAC 180.100 Monitoring and assessment of compliance with requirements. (NRS 180.320) The Department shall monitor and regularly assess whether counties and attorneys meet the requirements set forth in this chapter and whether indigent defense services are being provided in a cons…

NAC 180.200 Petition for action on regulation: Filing; contents. (NRS 180.320) 1. An interested person who wishes to petition the Board for the adoption, filing, amendment or repeal of a regulation of the Board must file with the Department the original and one copy of the petiti…

NAC 180.210 Petition for action on regulation: Review; notice of decision. (NRS 180.320) 1. The Board may refuse to review a petition which requests the adoption, filing, amendment or repeal of a regulation if the requirements set forth in NAC 180.200 are not met. 2. The Board ma…

NAC 180.220 Petition for declaratory order or advisory opinion: Authorization; filing; contents. (NRS 180.320) 1. Except as otherwise provided in subsection 4, an interested person may petition the Executive Director to issue a declaratory order or advisory opinion concerning the…

NAC 180.230 Petition for declaratory order or advisory opinion: Action by Executive Director or deputy director; notice and record of order or opinion. (NRS 180.320) 1. The Executive Director may refuse to review a petition filed pursuant to NAC 180.220 that requests the issuance…

NAC 180.240 Request to review decision of deputy director; contents; filing. (NRS 180.320) 1. After receiving a declaratory order or advisory opinion from a deputy director concerning the applicability or interpretation of a statute, regulation or decision of the Department, the …

NAC 180.250 Advisory opinion: Oral response prohibited. (NRS 180.320) The Executive Director, a deputy director or any other staff member of the Department shall not render an oral response, including, without limitation, a response over the telephone, to a request for an advisor…

NAC 180.300 General contents regarding processes for providing services; initial plan; notification of Department of request for assistance in developing plan; required consultation; joint plan; submission of subsequent plans; plans deemed compliant. (NRS 180.320, 180.430) 1. A p…

NAC 180.310 Contents: Promotion of integrity of attorney-client relationship. (NRS 180.320) A plan for the provision of indigent defense services must be designed to promote the integrity of the relationship between an attorney and a client. The plan and any attorneys providing i…

NAC 180.320 Contents: Process for hiring attorneys who serve as county public defenders or chief county public defenders or who are independent contractors and panels of appointed attorneys and for selection and assignment of additional or alternate attorney. (NRS 180.320) 1. A p…

NAC 180.330 Contents: Process of screening for indigency; prompt appointment of counsel; first and second tiers of representation; process for assigning or determining presence of attorney at pretrial release hearings, initial appearances and arraignments; requirement for prepara…

NAC 180.340 Contents: Process for payment of counsel selected after disqualification of public defender. (NRS 180.320) A plan for the provision of indigent defense services must include the process of the county for the payment of counsel selected pursuant to NRS 7.115. (Added to…

NAC 180.350 Contents: Provision of resources and accommodations for private discussions between attorney and client. (NRS 180.320) A plan must: 1. Seek to provide, through cooperation with local agencies, necessary resources and accommodations for private discussions between an a…

NAC 180.360 Contents: Resources for attorney to conduct independent investigation and request assistance of experts; recommended provision for payment of trial-related expenses. (NRS 180.320) 1. A plan for the provision of indigent defense services must ensure that an attorney ha…

NAC 180.370 Contents: Consistency in representation. (NRS 180.320) 1. A plan for the provision of indigent defense services must ensure, to the greatest extent possible, consistency in the representation of indigent defendants so that the same attorney represents a defendant thro…

NAC 180.380 Contents: Provision of representation in professional, skilled manner; requirements regarding certain advice to and meetings with clients; provision of client survey to client at conclusion of representation in a county whose population is less than 100,000. (NRS 180.…

NAC 180.390 Contents: Caseload reporting by providers of services in a county whose population is less than 100,000. (NRS 180.320) 1. In a county whose population is less than 100,000, a plan must require caseload reporting by providers of indigent defense services in the county.…